The Chaparmukh-Silghat Railway Line and the Katakhal-Lalabazar Railway Line (Nationalisation) Act, 1982

This Act may be called the Chaparmukh-Silghat Railway Line and theKatakhal-Lalabazar Railway Line (Nationalisation) Act, 1982.

In this Act, unless the context otherwise requires,-- (a) "appointed day" means the day on which this Act comes into force; (b) "notification" means a notification published in the Official Gazette; (c) "specified company" means a company specified in clause (d); (d) "two specified companies" means,-- (i) the Chaparmukh-Silghat Railway Company Limited, being a company as defined inthe Companies Act, 1956 (1 of 1956) and having its registered office at 12, Mission Row,Calcutta; and (ii) the Katakhal-Lalabazar Railway Company Limited, being a company as defined in theCompanies Act, 1956 (1 of 1956) and having its registered office at Mcleod House, 3, NetajiSubhash Road, Calcutta; (e) "undertakings" means,-- (i) in relation to the Chaparmukh-Silghat Railway Company Limited, theChaparmukh-Silghat Railway Line and all other undertakings of that company relating to thatRailway line; (ii) in relation to the Katakhal-Lalabazar Railway Company Limited, the Katakhal-LalabazarRailway line and all other undertakings of that company relating to that Railway line; (f) words and expressions used herein and not defined but defined in the CompaniesAct, 1956 (1 of 1956) shall have the meanings respectively assigned to them in that Act.

On the appointed day, the undertakings of each of the two specified companies and theright, title and interest of each of the two specified companies in relation to such undertakings shall, byvirtue of this Act, stand transferred to, and vest in, the Central Government.

(1) The undertakings of each specified company shall be deemed toinclude all assets, rights, lease-holds, powers, authorities and privileges, and all property, movable andimmovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cashbalances, cash on hand, cheques, demand drafts, reserve funds, investments, book debts and all otherrights and interests in, or arising out of, such property as were immediately before the appointed day inthe ownership, possession, power or control of the specified company, whether within or outside India,and all books of account, registers and all other documents of whatever nature relating thereto. (2) All properties as aforesaid which have vested in the Central Government under section 3 shall, byforce of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and allother encumbrances affecting them, and any attachment, injunction, decree or order of any courtrestricting the use of such properties in any manner or appointing any receiver in respect of the whole orany part of such properties shall be deemed to have been withdrawn. (3) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to insub-section (2), or any other person holding any charge, lien or other interest in, or in relation to, any suchproperty shall be entitled to claim, in accordance with his rights and interests, payment of the mortgagemoney or other dues, in whole or in part, out of the amounts payable under sections 6 and 7 to thespecified company owning such property, but no such mortgage, charge, lien or other interest shall beenforceable against any property which has vested in the Central Government. (4) Any licence or other instrument granted to a specified company in relation to any undertakingwhich has vested in the Central Government under section 3 at any time before the appointed day and inforce immediately before that day shall continue to be in force on and after such day in accordance withits tenor in relation to and for the purposes of such undertaking, and, on and from the date of vesting ofsuch undertaking under section 3 in the Central Government, that Government shall be deemed to besubstituted in such licence or other instrument as if such licence or other instrument had been granted tothat Government and that Government shall hold it for the remainder of the period for which the specifiedcompany would have held it under the terms thereof.

(1) Everyliability of a specified company in respect of any period prior to the appointed day, shall be the liability ofthe specified company and shall be enforceable against it and not against the Central Government. (2) For the removal of doubts, it is hereby declared that,-- (a) no liability of either of the two specified companies in relation to its undertakings in respect ofany period prior to the appointed day, shall be enforceable against the Central Government; (b) no award, decree or order of any court, tribunal or other authority in relation to theundertakings of either of the two specified companies passed on or after the appointed day, in respectof any matter, claim or dispute, which arose before that day, shall be enforceable against the CentralGovernment; (c) no liability incurred by a specified company before the appointed day, for the contravention ofany provision of law for the time being in force, shall be enforceable against the Central Government.