THE INDUSTRIAL FINANCE CORPORATION (TRANSFER OF UNDERTAKING AND REPEAL) ACT 1993.NO. 23 OF 1993.[2nd April, 1991.]

An Act to provide for the transfer and vesting of the under-
taking of the Industrial Finance Corporation of India to and in the
Company to be formed and registered as a Company under the Companies
Act, 1956, and for matters connected therewith or incidental thereto and also to repeal the Industrial Finance Corporation Act, 1948.BE it enacted by Parliament in the Forty-fourth Year of the Re-
public of India as follows:-


1.Short title and commencement.

1.Short title and commencement. (1) This Act may be called the
Industrial Finance Corporation (Transfer of Undertaking and Repeal)
Act, 1993.(2) It shall be deemed to have come inot force on the 1st day of
October, 1992.2.Definitions.

2.Definitions. In this Act, 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:


(b) "Company" means the Industrial Finance Corporation of
India Limited to be formed and registered under the COmpanies
Act, 1956 (1 of 1956)


2.(c) "Corporation" means the Industrial Finance Corporation of
India established under sub-section (1) of section 3 of the Industrial
Finance Corporation Act, 1948 ( 15 of 1984).

3.Undertaking of the Corporation to vest in the company.

3.Undertaking of the Corporation to vest in the company. On such date as the Central Government may, by notification in the Official
Gazette, appoint, there shall be transferred to, and vest in, the Com-
pany, the undertaking of the Corporation.

4.General effect of vesting of undertaking in the Company.

4.General effect of vesting of undertaking in the Company. (1)
Every shareholder of the Corporation immediately before the appointed day shall be deemed to be registered on and from the appointed day as a shareholder of the Company to the extent of the face value of the shares held by such shareholder.

(2) The undertaking of the Corporation which is transferred to and which vests 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, invest-
ments, 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 in the ownership, possession or power of the Corporation in relation to its undertaking, 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
Corporation in relation to its undertaking.

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

(4) Any proceeding or cause of action pending or existing immediately before the appointed day by or against the Corporation in relation to its undertaking may, as from the appointed day, be continued and enforced by or against the Company in which the undertaking of the Corporation has vested by virtue of this Act as it might have been enforced by or against the Corporation if this Act bad not been enacted and shall cease to be enforceable by or against the
Corporation.


3.5.Concession, etc., to be deemed to have been granted to the Company.

5.Concession, etc., to be deemed to have been granted to the
Company. With effect from the appointed day, all fiscal and other concessions, licences, benefits, privileges and exemptions granted to the Corporation in connection with the affairs and business of the
Corporation under any law for the time being in force shall be deemed to have been granted to the Company.

6.Tax exemption or benefit to continue to have effect.

6.Tax exemption or benefit to continue to have effect. (1) Where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way 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 Corporation under the Income-tax Act, 1961 (43 of 1961), such exemption, assessment or benefit shall continue to have effect in relation to the Company.

(2) Where any payment made by the Corporation is exempt from de-
duction of tax at source under any provision of the Income-tax Act,
1961 (43 of 1961), such exemption will continue to be available as if the provisions of the said Act made applicable to the Corporation were operative in relation to the Company.

(3) 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 (43 of 1961) for the purposes of capital gains.


7.Guarantee to be operative.

7.Guarantee to be operative. Any guarantee given for or in favour of the Corporation with respect to any loan, lease finance or other assistance shall continue to be operative in relation to the Company.

8.Provisions in respect of officers and other employees of Corporation.

8. Provisions in respect of officers and other employees of
Corporation. (1) Every officer or other employee of the Corporation
(except a Director of the Board, Chairman or Managing Director)
serving in the 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 Company by virtue of this
Act, become, as from the appointed day, an officer or, as the case may be, other employee of the Company 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, leave fare concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds, retirement, voluntary retirement, gratuity and other benefits as he would have held under the Corporation if its undertaking had not, vested in the Company and shall continue to do so as an officer or, as the case may be, other employee of the Company or until the expiry of a period of six months from the appointed day if such officer or other employee opts not to continue to be the officer or other employee of the Company within such period.

(2) Where an officer or other employee of the Corporation opts under sub-section (1) not to be in employment or service of the
Company, such officer or other employee shall be deemed to have resigned.


4.(3) 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 of the Corporation to the Company shall not entitle such officer or other employee to any compensation under this Act 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 Corporation and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the Company.

(5) The trusts of the provident fund or the gratuity fund of the
Corporation and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the
Company as was being done hitherto in the Corporation and any tax exemption granted to the provident fund or the gratuity fund would continue to be applied to the Company.

(6) Notwithstanding anything contained in this Act or in the
Companies Act, 1956 (1 of 1956) or in any other law for the time being in force or in the regulations of the Corporation, no Director of the
Board, Chairman, Managing Director or any other person entitled to manage the whole or substantial part of the business and affairs of the Corporation shall be entitled to any compensation against the
Corporation or the Company for the loss of office or for the premature termination of any contract of management entered into by him with the
Corporation.

9.Act 18 of 1891 to apply to the books of the Company. 9.Act 18 of 1891 to apply to the books of the Company. TheCompany shall be deemed to be a bank for the purposes of the BankersBooks Ev

10.Repeal and saving of Act 15 of 1948.10.Shares, bonds and debentures to be deemed to be approved securities. Notwithstanding anything contained in any other law for the time being in force. the shares, bonds and debentures of the
Company shall be deemed to be approved securities for the purposes of the Indian Trusts Act, 1882 (2 of 1982), the Insurance Act, 1938 (4.of 1938) and the Banking Regulation Act, 1949 (10 of 1949).

2.11.11.Repeal and saving of Act 15 of 1948. (1) On the appointed day, the Industrial Finance Corporation Act, 1948 shall stand repealed.

(2) Notwithstanding the repeal of the Industrial Finance
Corporation Act, 1948 (15 of 1948), the Company shall, so far as may be, comply with the provisions of sections 33, 34, 34A, 35 and 43.of the Act so repealed for any of the purposes related to the annual accounts of the Corporation.


5.12.Repeal and saving.

12. Repeal and saving. (1) The Industrial Finance Corporation
(Transfer of Undertaking and Repeal) Ordinance, 1993 (Ord. 5 of 1993)
is hereby repealed.

(2) Notwithstanding the repeal of the Industrial Finance
Corporation (Transfer of Undertaking and Repeal) Ordinance, 1993,
(Ord. 5 of 1993), anything done or any action taken under the said
Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.

THE NATIONAL THERMAL POWER CORPORATION LIMITED, THENATIONAL HYDROELECTRIC POWER CORPORATION LIMITED AND THENORTH-EASTERN ELECTRIC POWER CORPORATION LIMITED (ACQUISITIONAND TRANS- FER OF POWER TRANSMISSION SYSTEMS) ACT, 1993NO. 24 OF 1993.[2nd April, 1993.]

An Act to provide in the public interest for the acquisition and transfer of the power transmission systems of the three companies and the right, title and interest of those companies in the power transmission system situated in different parts of India, with a view to developing the National Power Grid to ensure transmission of power, within and across the different regions of India, on a more scientific, efficient and economic basis and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:--


CHAP
PRELIMINARY

CHAPTER I

PRELIMINARY

1.Short title, extent and commencement.

1.Short title, extent and commencement. (1) This Act may be called the National Thermal Power Corporation Limited, the National
Hydroelectric Power Corporation Limited and the North-Eastern Electric
Power Corporation Limited (Acquisition and Transfer of Power
Transmission Systems) Act, 1993.
2.(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) The provisions of sections 8 to 11 and sections 13 to 16 shall be deemed to have come into force on the 8th day of January, 1993 and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of April, 1992 and any reference to the commencement of this Act in any provision of this Act shall be construed as a reference to the commencement of that provision.

2.Definitions.

2.Definitions. In this Act, unless the context otherwise requires,-


(a) "appointed day" means the 1st day of April, 1992;

(b)"associated personnel" means the employees of each of the three companies associated with its power transmission system;

(c) "Corporation" means the Power Grid Corporation of India
Limited, being a company within the meaning of the Companies
Act, 1956 (1 of 1956) and having its registered office at
Hemkunt Chambers, 89, Nehru Place, New Delhi-110019;

(d) "notification" means a notification published in the
Official Gazette;

(e) "power transmission system", in relation to each company specified in the First Schedule, means the main transmission lines [including extra high voltage alternative current (EHVAC) lines and high voltage direct current (HVDC)
lines] and sub-stations owned by each such company;


(f) "prescribed" means prescribed by rules made under this
Act;

(g) "three companies" means the companies specified in the
First Schedule;

(h) words and expressions used herein and not defined but defined in the Electricity (Supply) Act, 1948 (54 of 1948)
or, as the case may be, the Companies Act, 1956 (1 of 1956)
shall have the meanings, respectively, as signed to them in those Acts.



CHAP
ACQUISITION AND TRANSFER OF POWER TRANSMISSION SYSTEM.