Partial legal immunity for J&K IDC? Fifth Order 2020, perceived to say so

Ziraat Times Team Report

Srinagar: The newly-minted Jammu & Kashmir Industrial Development Corporation (IDC) is deemed to have acquired partial legal immunity, with the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020, notified through the Gazette of India on October 26, 2020, specifically mentioning its safeguards from certain legal action.

Such immunity, analysts told Ziraat Times, seems to be designed to safeguard the corporation from legal actions, mainly from defunct or sick industrial units in existing industrial estates of J&K, whose eviction may be sought by the corporation in the coming days.

Ziraat Times here re-produces the relevant clauses of The Fifth Order, 2020, of the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) states as under:

As unless otherwise expressly provided no Court shall take cognizance of any offence relating to property belonging or vested by or under this Chapter in the Corporation punishable under this Chapter, except on the complaint of, or upon information received from the Corporation or some person authorized by the Corporation by general or special order in this behalf.

Act done in Good Faith

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Chapter or any rule or regulation made there under.

Requirement of Prior Notice for Filing of Suit

No person shall commence any suit against the Corporation or against any officer or servant of the Corporation or any person acting under the orders of the Corporation for anything done or purporting to have been done in pursuance of this Chapter, without giving to the Corporation, officer or servant or person, as the case may be, two months’ previous notice in writing of the intended suit and of the cause thereof, not after six months from the date of the act complained of.

In the case of any such suit for damages if tender of sufficient amount shall have been made before the action was brought, the plaintiff shall not recover more than the amounts so tendered and shall pay all costs incurred by the defendant after such tender.

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