REGISTERED No. DL-33004/93 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 89] NEW DELHI, FRIDAY, JULY 2,1993/ASADHA11,1915 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 2nd July, 1993/Asadha I I , 1915 (Saka) THE OIL AND NATURAL GAS COMMISSION (TRANSFER OF UNDERTAKING AND REPEAL) ORDINANCE, 1993 No. 28 OF 1993 Promulgated by the President in the Forty-fourth Year of the Republic or India.
An Ordinance to provide for he transfer and \esting of the undertaking of the Oil and Natural Gas Commission to and in the Oil and Natural Gas Corporation Limited, a company incorporated under the Companies Act, 1956, and for matters connected therewith or incidental thereto and also to repeal the Oil and Natural Gas Commission Act, 1959.
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 (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (1) This Ordinance may be called the Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Ordinance, 1993.
(3) It shall come into force at once,
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;
Short title and commencement.
Definitions.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART; II— Undertaking of Commission to vest in Corporation.
General effect of vesting undertaking in Corporation.
Licences, etc., to be deemed to have> been granted to Corporation
(b) "Corporation" means th© 011 and Natural Gas Corporation Limited, a company registered unfertile Companies Act, 1956;
*&) "Commission" means the Oil and Nptural Gas ^Jw»l|$ifi|n establislwl; ifl*4er sttb-seetion (1) of section 3 of the Oil awl Naiiial- Gas CoBHftissioii Act, 1959.
3. On 'such 'date as the Central 'Government may, by notification in the Official Gazette appoint, the undertaking of the Commission shall stand transferred to, and vest in, the Corporation.
4. (!) On and from the appointed jtfay,~the entire capital of the Commission shall, by virtue of this Ordinance/sian3"ves"ted in the Corporation.
(2) The undertaking .of the.GHnmiss4pja.lwhj£ry s transferred to, and which vests in the Corporation under section 3 shall *be deemed to include all assets, rights, powers, authorities and privileges and raH properties, movable and immovable, real and personal, corporeal or incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, works, workshops, vehicles, oil rigs, oil platforms, cash balances, deposits, foreign currencies, reserves, reserve funds or any other investments, securities, tenancies; leases and^book debts and all other right and interests arising out of such properties as were immediately before the appointed day in the ownership®, possession or power of the Commission in relation ID ks undertaking, whether within or outside, tridia, all books of account and registers, records and documents relating thereto and shall also be deemed to include all liabilities and obligations of whatever kind, within or outside India of the Commission in relation to its undertaking subsisting immediately before the appointed day.
(3) All contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working .arrangements subsisting immediately before the appointed day and affecting the Commission shall cease to have effect or to be enforceable against the Commission and shall be of as full force and effect against or in favour of the Corporation and enforceable as fullv and effectually as' if, instead of the: Commission, the Corporation had been named therein or had been a party thereto.
(4} Any proceeding or cause of action pending or existing immediately belore the appointed tiay by or against the Commissioh, in* relation to its undertaking may, as from the appointed day, be continued and enforced by or against the Corporation as it might have been enfored by or against the Commission, if this Ordinance had not been promulgated, and shall cease to be enforceable by or agajspt the Commission.
5. With effect from the appointed <*sjr, all licences,-leases, -concessions, permits, quotas, benefits, privileges jand exemptions..granted, to the Commission in connection with the affairs of the Commission under any law for the time being.in force, shall^o*deeme*-t<r"h»Ve been granted to the Corporation.
i of 1956.
43 of 1959.
SEC. 1] THE GAZETTE OP INDIA EXTRAORDINARY 3 43 of 1961 43 of 1961 43 oJ! 1961 14 of 1947.
,6 (1) Where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by \vay of set off or carry forward of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to the Commission unde the Income-tax Act, 1961, such exemption, assessment or benefit shall continue to have effect in relation to the Corporation,
(2) Where any payment made by the Commission is exempt from deduction of the tax at source under any provision of the Income-tax Act. 1961, the exemption from tax will continue to be available as if the provisions of the said Act made applicable to the Commission were operative in relation to the Corporation.
(5) The transfer and vesting of the undertaking or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the Income-tax Act, 1961, for the purpose of capital gains.
7. Any guarantee given for or in favour of the Commission with respect of any loan or lease finance or other assistance shall continue to be operative in relatinn to tha Corporation.
8. (1) Every officer or other employee of the Commission (except a member or the chairman) serving in its 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 Corporation by virtue of this Ordinance, become, as from the appointed day, an officer or, as the case may be, other employee of the Corporation and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund; other funds, retirement, pension, gratuity and other benefits as he would have held under the Commission if its undertaking had not vested in the Corporation and shall continue to do so as an officer or other employee of the^ Corporation or until the expiry of a period of one year from the appointed 'day if such officer or other employee opts not to be the officer or other employee of the Corporation within such period.
(2) Where an officer or other employee of the Commission opts under sub-sectinti (1) not to be in the employment or service of the Corporation such officer or other employee shall be deemed to have resigned.
(3) Notwithstanding anything contained in the Industrial Distmtfis Act. 1947 or in any oher law for the time being in force, the transfer of the services of any officer or other employee of the Commission to the Corporation 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.
(4) The officers and other employees who have retired before the appointed day from the service of the Commission and are entitled to any benefits, rights or privileges" shall be entitled to receive the same benefits, Tights or privileges from the Corporation.
(5) The trusts of the provident fund, gratuity fund or the superannuation scheme of the Commission and any other bodies created for the welfare of officers or other employees shall continue to discharge their functions in the Corporation as was being done hitherto in the Commis- Tax exemption or benefit to continue to have effect.
Gurantee to be operative.
Provisions in respect of officers and other employees of Commission .
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Power of entry.
Power to male* rules.
mm and any tax exemption granted to the provident fund5 gratuity tfur*d and superannuation scheme -or -any other bodies created for the welfare of officers or other employees would continue to be applied to the Corporatian-- - (6> Wotwi^gtanding anything contained in this Ordinance m in the Companies Act, 1956 or in any other law for the time being in force or inthe regulations of the Commission, no member or chairman of th© Commission shal be entitled to, anjr compensation against the Commission. o_r the Corporation for the loss of xrfBce orfor the premature termination of any contract of management entered into by him with the Commission.
9, (1) For the purposes of ascertaining the availablity of any oil or natural gas, the Central Government-may, o a ^ e request being made by th© Corporation, authorise any officer or employee of the Corporation by general or special order,-^ («) to enter and inspect any land;
(b.) to survey and taj$^ .measurements of any such land;
(c) to dig- holes or pextoraa any other functions for the purposes of measuring or prospecting for the availability of oil and natural gas; and - *+
(d) to "examine any document, book, register or record in the possession or power of any person having the control of or connected with any such land and place tnarks of identification thereon and take extracts from and make copies of any such document, book, register or record. " ~ ~̂ ~" " (2) Ekreryi person -authorised bgr the Central Government under sub-section UV&hJul be deemed*-to be a public servant within the meaning of section 21 of the Indian Penal Code.
- • (3) The Corporation shailj be liable to pay compensation for "uiy loss or damage caused to the land "caused by its officers or employees in performing the functions under sub-section (1) in such manner" as may ,bjs prescribed fey rules made under this Ordinance to the occupier of the land.
X4y The - Amount- of wmpGnggtioĵ ^yfble under sub-section t3) shall be determined by the competent authority* appointed by the Cestral Government in the manner prescribed by rules made under this .Ordinance. , - - 10. fl% Tfce Central Government may, by notification, in the Official Gazette,- make rules for carrying atxt the provisions of this Ordinance.
(?) Hvery rule made under this Ordinance shall be laid, as soon as may be after it is made before each house of Parliament, while in session lar a total period of thirty days whfeji may be comprised in one. session or in tw&or mo*p successive sessions, and if; before the expiry" of the session immediately -following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule shoaEfed not be made, the jtuje shall thereafter have effect only imsuch modified form or be o£ nceffec1.
ras the case may be; so, however, -that any s&ch modification or annulment shall be without prejudice to the valldtty of anything previously done under the rule.
l o f 1056.
45 of 1860.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 43 of 1959.
11 (I) On the appointed day, the Oil and Natural Gas Commission Act, 1969 shall stand repealed.
(2) Notwithstanding such repeal, the Corporation shall, so far as may be comply with the provisions of section 22 and 23 of the said Act so repealed for any of the purposes related to the annual accounts of the Commission.
Repeal of act.
SHANKER DAYAL SHARMA, President.
K. L. MOHANPURIA, Secy, to the.Govt. of India.
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MI.NTO ROAD, NFW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1993.