The Sick Industrial Companies (Special Provisions) Repeal Act, 2003

(1) This Act may be called the Sick Industrial Companies(Special Provisions) Repeal Act, 2003. (2) It shall come into force on such date as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires--, (a) "Appellate Authority'' means the Appellate Authority for Industrial and FinancialReconstruction constituted under section 5 of the Sick Industrial Companies (Special Provisions) Act,1985 (1 of 1986); (b) "Board'' means the Board for Industrial and Financial Reconstruction established undersection 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986); (c) words and expressions used herein and not defined but defined in the Sick IndustrialCompanies (Special Provisions) Act, 1985 (1 of1986), shall have the meanings respectively assignedto them in that Act.

The SickIndustrial Companies (Special Provisions) Act, 1985(hereinafter referred to as the repealed enactment) ishereby repealed and the Appellate Authority and the Board stand dissolved.

On the dissolution of the Appellate Authority and the Board,-- (a) (i) the persons appointed as Chairman and Member of the Appellate Authority or the Board;and (ii) every other person appointed by the Central Government, Appellate Authority or the Board,and holding office as such immediately before the commencement of this Act, shall vacate his office andno such Chairman, Member or other person shall be entitled to claim any compensation for prematuretermination of the term of his office or of any contract of service: Provided that every officer or employee who has been, immediately before the dissolution of theAppellate Authority or the Board, appointed on deputation basis to the Appellate Authority or the Board,shall stand reverted to his parent cadre, Ministry or Department, as the case may be: Provided further that every officer or employee who has been, immediately before the dissolution ofthe Appellate Authority or the Board, employed on regular basis by the Appellate Authority or the Board,shall become, on and from the date of such dissolution, the officer and employee, respectively, of theCentral Government with the same rights and privileges as to pension, gratuity and other like matters aswould have been admissible to him if the rights in relation to such Appellate Authority or the Board hadnot been transferred to, and vested in, the Central Government and shall continue to do so unless and untilhis employment in the Central Government is duly terminated or until his remuneration, terms andconditions of employment are duly altered by that Government: Provided also that notwithstanding anything contained in the Industrial Disputes Act, 1947(14 of 1947), or in any other law for the time being in force, the transfer of the services of any officer or other employee, employed in the Appellate Authority or the Board, to the Central Government, shall not entitle such officer or employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority: Provided also that where the Appellate Authority or the Board has established a provident fund,superannuation, welfare or other fund for the benefit of the officers and employees employed in theAppellate Authority or the Board, the monies relatable to the officers and employees whose services have been transferred by or under this Act to the Central Government shall, out of the monies standing, on the dissolution of the Appellate Authority or the Board, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, the Central Government and such monies which stand so transferred shall be dealt with by that Government in such manner as may be prescribed; 1[(b) On such date as may be notified by the Central Government in this behalf, any appeal preferredto the Appellate Authority or any reference made or inquiry pending to or before the Board or anyproceeding of whatever nature pending before the Appellate Authority or the Board under the SickIndustrial Companies (Special Provisions) Act, 1985 (1 of 1986) shall stand abated: Provided that a company in respect of which such appeal or reference or inquiry stands abated underthis clause may make reference to the National Company Law Tribunal under the Insolvency andBankruptcy Code, 2016 within one hundred and eighty days from the commencement of the Insolvencyand Bankruptcy Code, 2016 in accordance with the provisions of the Insolvency and Bankruptcy Code,2016: Provided further that no fees shall be payable for making such reference under Insolvency andBankruptcy Code, 2016 by a company whose appeal or reference or inquiry stands abated under thisclause.] 2[Provided also that any scheme sanctioned under sub-section (4) or any scheme underimplementation under sub-section (12) of section 18 of the Sick Industrial Companies (SpecialProvisions) Act, 1985 shall be deemed to be an approved resolution plan under sub-section (1) of section31 of the Insolvency and Bankruptcy Code, 2016 and the same shall be dealt with, in accordance with theprovisions of Part II of the said Code: Provided also that in case, the statutory period within which an appeal was allowed under the SickIndustrial Companies (Special Provisions) Act, 1985 against an order of the Board had not expired as onthe date of notification of this Act, an appeal against any such deemed approved resolution plan may bepreferred by any person before National Company Law Appellate Tribunal within ninety days from thedate of publication of this order.] (c) the balance of all monies (including any fee) received by, or advanced to the AppellateAuthority or the Board, as the case may be, and not spent by it before the commencement of this Actshall, on the commencement of this Act, stand transferred to, and vest in, the Central Government andshall be utilised for the purposes of clauses (e) and (f); (d) all property of whatever kind owned by, or vested in, the Appellate Authority or the Board, asthe case may be, and not spent by it before the commencement of this Act shall, on the commencement of this Act, stand transferred to, and shall vest in the Central Government; (e) all liabilities and obligations of whatever kind incurred by the Appellate Authority or theBoard and subsisting immediately before the commencement of this Act shall, on and from thecommencement of this Act, be deemed to be the liabilities or obligations, as the case maybe, of theCentral Government; and any proceeding or cause of action, pending or existing immediately beforethe commencement of this Act by or against the Appellate Authority or the Board in relation to suchliability or obligation may, as from the commencement of this Act, be continued or enforced by oragainst the Central Government; (f) all monies vested in the Central Government under clause (c) shall, after deducting the amountincurred for discharging the liabilities and obligations referred to in that clause, be refunded by theCentral Government to the person to whom such amount is due.

(1) The repeal by this Act of the repealed enactment shall not-- (a) affect any other enactment in which the repealed enactment has been applied, incorporated orreferred to; (b) affect the previous operation of the repealed enactment or anything duly done or sufferedthereunder; (c) affect any right, privilege, obligation or liability acquired, accrued, or incurred under therepealed enactment; (d) affect any order made by the Board for sanction of the schemes; (e) affect the validity, invalidity, effect or consequences of anything already done or suffered, orany right, title, obligation or liability already acquired, accrued or incurred or any remedy orproceeding in respect thereof or any release or discharge of or from any debt, penalty, obligation,liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; (f) affect any penalty, forfeiture or punishment incurred in respect of any offence committedagainst the repealed enactment, affect any investigation, legal proceedings or remedy in respect ofany such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and anysuch investigation, legal proceeding or remedy may be instituted, continued or enforced, and any suchprivilege, forfeiture or punishment may be imposed as if this Act had not been passed; (g) affect any principle or rule of law, or established jurisdiction, form or course of pleading,practice or procedure, or existing usage, custom, privilege, restriction, exemption, office orappointment, notwithstanding that the same respectively may have been in any manner affirmed orrecognised or derived by, in, or from, the repealed enactment; (h) revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction,exemption, usage, practice, procedure or other matter or thing not now existing or in force. (2) Save as otherwise provided in section 4 and in sub-section (1) of this section, the mention ofparticular matters in the said section and sub-section shall not be held to prejudice or affect the generalapplication of section 6 of the General Clauses Act, 1897 (10 of 1897),with regard to the effect of repeal.