The Dalmia Dadri Cement Limited (Acquisition and Transfer of Undertakings) Act, 1981

(1) This Act may be called the Dalmia Dadri Cement Limited(Acquisition and Transfer of Undertakings) Act, 1981. (2) It shall be deemed to have come into force on the 23rd day of June, 1981.

In this Act, unless the context otherwise requires,-- (a) "appointed day" means the 23rd day of June, 1981; (b) "Cement Corporation" means the Cement Corporation of India, a company incorporated andregistered under the Companies Act, 1956 (1 of 1956); (c) "Commissioner" means the Commissioner of Payments appointed under section 14; (d) "Company" means the Dalmia Dadri Cement Limited, being a company within the meaningof the Companies Act, 1956 (1 of 1956), and having its registered office at Charkhi Dadri (Haryana); (e) "notification" means a notification published in the Official Gazette; (f) "prescribed" means prescribed by rules made under this Act; (g) "specified date", in relation to any provision of this Act, means such date as the CentralGovernment may, by notification, specify for the purposes of that provision, and different dates maybe specified for different provisions of this Act; (h) 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 the Company, and the right, title and interest ofthe Company in relation to its undertakings, shall, by virtue of this Act, stand transferred to, and vest in,the Central Government.

(1) The undertakings of the Company shall be deemed to include allassets, rights, lease-holds, powers, authorities and privileges, and all property, movable and immovable,including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cashon hand, reserve funds, investments, book debts and all other rights and interests in, or arising out of, suchproperty as were immediately before the appointed day in the ownership, possession, power or control ofthe Company, whether within or outside India, and all books of account, registers and all other documentsof 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 incumbrances affecting them, and any attachment, injunction, decree or order of any courtrestricting the use of such properties in any manner shall be deemed to have been withdrawn. (3) Every mortgagee of any property which has vested under this Act in the Central Government andevery person holding any charge, lien or other interest in, or in relation to, any such property, shall give,within such time and in such manner as may be prescribed, an intimation to the Commissioner of suchmortgage, charge, lien or other interest. (4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to insub-section (3) 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 amount specified in section 7 and also out of theamount determined under section 8, but no such mortgage, charge, lien or other interest shall beenforceable against any property which has vested in the Central Government. (5) Any licence or other instrument granted to the Company in relation to any undertaking which hasvested in the Central Government under section 3, at any time before the appointed day and in forceimmediately before that day, shall continue to be in force on and after such day in accordance with itstenor in relation to, and for the purposes of, such undertaking and on and from the day of vesting of suchundertaking under section 6 in the Cement Corporation, that Corporation shall be deemed to besubstituted in such licence or other instrument as if such licence or other instrument had been granted tothe Cement Corporation and that Corporation shall hold it for the remainder of the period for which thatCompany would have held it under the terms thereof. (6) If, on the appointed day, any suit, appeal or other proceeding of wherever nature in relation toany property which has vested in the Central Government, under section 3, instituted or preferred by oragainst the Company is pending, the same shall not abate, be discontinued or be, in any way,prejudicially affected by reason of the transfer of the undertakings of the Company or of anythingcontained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforcedby or against the Central Government, or, where the undertakings of the Company are directed undersection 6 to vest in the Cement Corporation, by or against that Corporation.

(1) Everyliability of the Company in respect of any period prior to the appointed day, shall be the liability of theCompany and shall be enforceable against it and not against the Central Government, or, where theundertakings of the Company are directed under section 6 to vest in the Cement Corporation, against thatCorporation. (2) For the removal of doubts, it is hereby declared that,-- (a) save as otherwise expressly provided in this section or in any other provision of this Act, noliability of the Company in respect of any period prior to the appointed day, shall be enforceableagainst the Central Government, or where the undertakings of the Company are directed undersection 6 to vest in the Cement Corporation, against that Corporation; (b) no award, decree or order of any court, tribunal or other authority in relation to theundertakings of the Company, passed after the appointed day, in respect of any matter, claim ordispute which arose before that day, shall be enforceable against the Central Government, or, wherethe undertakings of the Company are directed under section 6 to vest in the Cement Corporation,against that Corporation; (c) no liability incurred by the Company before the appointed day, for the contravention of aprovision of any law for the time being in force, shall be enforceable against the Central Government,or, where the undertakings of the Company are directed under section 6 to vest in the CementCorporation, against that Corporation.