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Section 4

The Industrial Reconstruction Bank (Transfer of Undertakings and Repeal)Ordinance, 1997Ordinance · 1997

(1) The Central Government, being the* shareholder of the Reconstruction Bank immediately before the appointed day, shall be deemed to be registered, on and from the appointed day, as a shareholder of the Company.

(2) The undertakings of the Reconstruction Bank which arc transferred to, and which vest 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, investments, 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 day to the ownership, possession or power of the Reconstruction Bank in relation to its undertakings, 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 of the Reconstruction Bank in relation to its undertakings.

(3) All contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working arrangements subsisting Immediately before the appointed day and affecting the Reconstruction Bank shall cease to have effect or to be enforceable against the Reconstruction Bank and shall be of as full force and effect against or to favour of the Company to which the undertakings of the Reconstruction Bank have vested by virtue of this Ordinance and enforceable as fully and effectually as if instead of the Reconstruction Bank, the Company had been named therein or had been a party thereto.

SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(4) Any proceeding or cause of action pending or existing immediately before the appointed day by or against the Reconstruction Bank in relation to its undertakings may, as from the appointed day, be continued and enforced by or against the Company in which the undertakings of the Reconstruction Bank have vested by virtue of this Ordinance as it might have been enforced by or against the Reconstruction Bank if this Ordinance had not been promulgated and shall cease fo be enforceable by or against the Reconstruction Bank.

Where this provision sits

ActThe Industrial Reconstruction Bank (Transfer of Undertakings and Repeal)Ordinance, 1997
Section4
StatusIn force as published by the source

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