REGISTERED No. DL-33004/92 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 62] NEW DELHI THURSDAY, OCTOBER 1, 1992/ASV1NA 9, 1914 Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 1st October, 1992/Asvina 9, 1914 (Saka) THE INDUSTRIAL FINANCE CORPORATION (TRANSFER OF UNDERTAKING AND REPEAL) ORDINANCE, 1992 No. 17 OF 1992 Promulgated by the President in the Forty-third Year of the Republic of India.
An Ordinance to provide for the transfer and vesting of the undertaking of the Industrial Finance Corporation of India to and in the Company to be formed and registered as a Company under the Companies Act, 1956, and for matters connected therewith or incidental thereto and also to repeal the Industrial Finance Corporation Act, 1948.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate -action.
Now, THEREFORE, in exercise of the powers conferred by clause (7) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:— J. (1) This Ordinance may be called the Industrial Finance Corporation (Transfer of Undertaking and Repeal) Ordinance, 1992.
(2) It shall come into force at once.
Short title and commencement.
(1) 2 TH£ GAZETTE Oi INDIA EXlRAORDINARY [PART I I - -
2. In this Ordinance, unless the context otherwise requires,
(a) "appointed day" means such date as the Central Government may, by notification in the Official Gazette, appoint under section 3;
(b) "Company" means the Industrial Finance Corporation of India Limited to be formed and registered under the Companies Act, 1956;
(c) "Corporation" means the Industrial Finance Corporation of India established under sub-section (\) of section 3 of the Industrial Finance Corporation Act, 1948.
3. On such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be transferred to, and vest in, the Company the undertaking of the Corporation.
4 (1) Every shareholder of the Corporation immediately before the.
appointed day shall be deemed to be registered on and from the appointed day as a shareholder of the Company to the extent of the face value- of the shares held by such shareholder.
(2) The undertaking of the Corporation which is transferred to and which vesls in the Company under section 3 shall be deemed to include all business, assets, rights, powers, authorities and privileges and all properties, movable and immovable, real and personal, corporeal and incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, vehicles, cash balances, deposits, foreign currencies, disclosed and undisclosed reserves, reserve fund, special reserve fund, benevolent reserve fund, any other fund, stocks, invests menta, shares, bonds, debentures, security> management of any industrial concern, loans, advances and guarantees given to industrial concerns, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed daiy in the ownership, possession or power of the Corporation in relation to its undertaking, within or -without India, all books of accounts, registers, records and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind within or without India then subsisting uf the Corporation in relation to its undertaking.
(3) All contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working arrangements subsisting immediately 'before the appointed day and affecting the Corporation shall cease to have effect or to be enforceable against the Corporation and shall be of as full force and effect against or in favour of the Company in which the undertaking of the Corporation has vested by virtue of this Ordinance and enforceable as fully and effectually as if instead of the Corporation, the Company had been named therein or had been a party thereto.
(4) Any proceeding or cause of action pending or existing immediately before the appointed day by or against the Corporation in relation to its undertaking may, us from the appointed day, be continued and enforced by or against the Company in which the undertaking of the Corporation has vested by virtue of this Ordinance as it might have been enforced by or against the Corporation if this Ordinance had not been promulgated and shall cease to be enforceable by or against the Corporation.
•Definitions.
Undo) taking of the Corporation to vest in the Company- General effect of vesting of wnder- Inking in the Company.
1 ȣ 1*56.
15 of 1948.
SEC; 1} THE GAZETTE OF INDIA EXTRAORDINARY J
5. Willi effect from tthe appointed day, all fiscal and other concessions, licences, benefits, privileges and exemptions granted to the Corporation in connection with the affairs and business of the Corporation under any law for the time being in force shall be deemed to have been granted to the Company.
6. (/) Where any exemption from, or any assessment with respect to, any LUX has been granted or made or any benefit by way of set off or carry forward of any unabsbrbed depreciation or investment allowance or other allowance or loss has been extended or is available to the Corporation under the Income-tax Act, 1961. such exemption, assessment nr benefit shall continue to have effect in relation to the Company,
(2) Where any payment made by the Corporation ij exempt from deduction of tax at source under any provision of the Income-tax Act. 1961 such exemption will continue to be available as if the provisions of the said Act made applicable io the Corporation were operative in relation to the Company.
(3) The transfer and vesting of the undertaking or any part thereof in terms el' section 3 shall not be construed as a transfer within the meaning of the Inconie-tnx Act. 196) for the purposes of capital gains.
7. Any guarantee given for or in favour of the Corporation with respect to any loan, lease finance or other assistance shall continue to be operative in relation to the Company.
8. (/) Every officer or other employee of the Corporation (except a Director of the Board, Chairman or Managing Director) serving in the employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the Company by virtue of this Ordinance, become, as from the appointed day, an officer or, >as the case may be, other employee of the Company and shall hold his office or service therein by the same tanurc, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave fare concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds, retirement, voluntary retirement, gratuity and other benefits a1* he would have held under the Corporation if its undertaking had not vested in the Company and shall continue to do so as an officer or, as the case may be, other employee of the Company or until the expiry of a period of six months from the appointed day if such officer or other employee opts not to continue to be the officer or other employee oE the Company within such period.
(2) Where an officer or other employee of the Corporation opts under sub-section (1) not to be in employment or service of the Company, such officer or other employee shall be deemed to have resigned.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, the transfer of the services of any officer or other employee of the Corporation to the Company shall not entitle such officer or other employee to any compensation under this Ordinance or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
43 of lVbl.
43 of 1961.
43 of I'ifil.
14 of 1V47.
Conee*- fiion, etc.
to be deemed to have been £i"ant*d to Company.
f:« lion or benefit r«> \»nliiHis U have effect.
Gu;w»nto5 to bo operative.
Provisions in respect of officer* .md other employee of Cofpotiitktu 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART H - S E C . 1]
(4) Toe officers and other employees who have retired before the appointed day from the service of the Corporation and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the Company.
(5) The trusts of the provident fund or the gratuity fund oi the Corporation and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the Company as was being done hitherto in the Corporation and any tax exemption granted; to the provident fund or the gratuity fund would continue to be applied to the Company,
(6) Notwithstanding anything contained in this Ordinance or in the Compunies Act, 1956 or in any other law for the time being in force or in the regulations of the Corporation, no Director of the Board, Chairman, Managing Director or any other person entitled to manage the whole or substantial part of the business and affairs of the Corporation shall be entitled to any compensation against the Corporation or the Company for the loss of office or for the premature termination of any contract of management entered into by him with the Corporation.
9. The Company shall be deemed to be a bank for the purposes of the Bankers' Books Evidence Act, 1891.
10. Notwithstanding anything contained in any other law for the time being in force, the shares, bonds and debentures of the Company shall be deemed to be approved securities for the purposes of the Indian Trusts Act, 1882, the Insurance Act, 1938 and the Banking Regulation Act, 1949.
11. (1) On the appointed day, the Industrial Finance Corporation Act, 1948 shall stand repealed.
(2) Notwithstanding such repeal, the Company shall, so far as may be, comply with the provisions of sections 33, 34, 34A, 35 and 43 of the Act so repealed for any of the purposes related to the annual accounts of the Corporation.
SHANKER DAYAL SHARMA, President.
Act is of 1891 to apply to the booU of *h« Company.
Share*, bond* and debentures to be deemed to be approved, wscuritiea.
Repeal of Act 15 of
3948.
J of 1956.
2 or 1882.
4 of 1938.
I Oof 1949, K, L. MOHANPUR1A, Secy, to the Govi. of India.
PMNTTD BY THE MANAOER, GOVERNMENT OF INDIA PRESS, MINTO ROAD w a w DELHf AND PUBIJSHBD BV « E CONTRdLLKR OF PUBLIC*!IONS, DELHI, 1992 .