Section 24 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
Act to have overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any court, tribunal or other authority.
Summary
- This provision gives the rules of this Act priority over any other conflicting laws.
- If another law contradicts something written in this Act, the rules in this Act will win and be followed.
- It also overrides any contradictory legal instruments, like contracts or deeds, that get their power from other laws.
- Even court orders, decrees, or decisions from tribunals that conflict with this Act are overridden by this provision.
Practical examples
FAQ
1. What happens if another law conflicts with Section 24 of the Swadeshi Cotton Mills Company Limited Act?
If another law conflicts, Section 24 of the Swadeshi Cotton Mills Company Limited Act wins. The provisions of this specific Act take priority over any other current laws. It also overrides any inconsistent legal instruments.
2. Can a court order overrule Section 24 of the 1986 textile takeover law?
No, a court order cannot overrule Section 24 of the 1986 textile takeover law. The text clearly states that the Act takes effect regardless of any court decrees or orders. It overrides decisions from any tribunal or other authority.
3. What does "overriding effect" mean in Section 24 of the Swadeshi Cotton Mills Act?
In Section 24 of the Swadeshi Cotton Mills Act, overriding effect means this law is the most powerful. If there is any contradiction between this Act and older rules or court orders, this Act is followed instead. It ensures the takeover proceeds without outside legal interference.
Test yourself
Q1.What happens under Section 24 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986 if a state law conflicts with a rule in this Act?
Q2.According to Section 24 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, how does the Act treat an inconsistent order from a tribunal?
Q3.Based on Section 24 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, can an instrument created under another law block the transfer of the textile undertakings?
Q4.Which of the following is NOT explicitly mentioned in Section 24 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986 as being overridden by the Act?