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THE BURMAH SHELL (ACQUISITION OF UNDERTAKINGS IN INDIA) ACT, 1976

Title : THE BURMAH SHELL (ACQUISITION OF UNDERTAKINGS IN INDIA) ACT, 1976

Year : 1976



The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any court, tribunal or other authority.



(1) Where any property, appertaining to any undertaking of Burmah Shell in India has been transferred to, and vested in, the Central Government or the Government company under this Act-

(a) Every person in whose possession, custody or control any such property may be, shall, on a demand by the Central Government or the Government company, as the case may be, deliver the property to the Central Government or the Government company, as the case may be, forthwith;

(b) Any person who, immediately before such vesting has in his possession, custody or control any books, documents or other papers relating to the undertakings of Burmah Shell in India, shall be liable to account for the said books, documents and papers to the Central Government or the Government company, as the case may be, and shall deliver them up to the Central Government or that company or to such person as the Central Government or that company may authorise in this behalf.

(2) Without prejudice to the other provisions contained in this section, it shall be lawful for the Central Government or the
Government company to take all necessary steps for taking possession of all properties which have been transferred to, and vested in, it under this Act.



(1) Every contract entered into by Burmah Shell for any service, sale or supply in India, and in force immediately before the appointed day, shall, unless terminated under sub-section (2) within one year from the appointed day, continue to be of full force and effect against or in favour of the Central Government or the Government company in which the undertakings of Burmah Shell in India have vested under this Act.

(2) The Central Government may, if it is satisfied that any contract referred to in sub-section (1) is unduly onerous or has been entered into in bad faith or is detrimental to the interests of that
Government or the Government company, by order in writing, either terminate such contract or make such alterations or modifications therein as it may think fit:

Provided that the Central Government shall not terminate any contract or make any alteration or modification therein except after giving to the parties to the contract, a reasonable opportunity of
being heard and except after recording, in writing, its reasons for such termination, alteration or modification, as the case may be.



Any person who,-

(a) Having in his possession, custody or control any property forming part of any undertaking of Burmah Shell in India wrongfully withholds such property from the Central Government or the Government company; or

(b) Wrongfully obtains possession of or retains any property forming part of any undertaking of Burmah Shell in India; or

(c) Willfully withholds or fails to furnish to the Central Government or the Government company or any person specified by the Central Government or that company, any books, documents or other papers relating to any undertaking of Burmah shell in India which may be in his possession, custody or control; or

(d) Fails to deliver to the Central Government or the Government company, any assets, books of account, registers or other documents in his possession, custody or control relating to any undertaking of Burmah Shell in India; or

(e) Wrongfully removes or destroys any property pertaining to any undertaking of Burmah Shell in India; or

(f) Wrongfully uses any property forming part of the undertakings of Burmah Shell in India, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.



(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer 1*[of the company, such director, manager, secretary or other officer] shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section-

(a) "Company" means any body corporate and includes a firm or other association of individuals; and

(b) "Director" in relation to a firm, means a partner in the firm.

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1 Ins. by act 38 of 1978, s. 3 and Sch. II.

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No suit, prosecution or other legal proceeding shall lie against the Central Government or the Government company or any of its officers or other employees for anything which is in good faith done or intended to be done under this Act.



Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974.), no court shall take cognizance of any offence against this Act except on a complaint, in writing, made by the Central Government or any officer authorised in this behalf by that Government.



Every officer of the Central Government and every officer or other employee of the Government company shall be indemnified by the Central Government or the Government company, as the case may be, against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act except such as have been caused by his own willful act or default.



If any difficulty arises in giving effect to the provisions of this act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:

Provided
that no such order shall be made after the expiry of a period of two years from the appointed day.



(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more 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 should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

THE FIRST SCHEDULE
[See section 4 (3)]

TRADE MARKS WHICH BURMAH SHELL IS ENTITLED TO USE IN INDIA AND WHICH SHALL NOT VEST IN THE CENTRAL GOVERNMENT OR THE
GOVERNMENT COMPANY

(a) The right of Burmah Shell to use in India the trade marks and other distinctive marks (including, but not confined to,trade names, styles of labelling and distinctive colour schemes) registered under the Trade and Merchandise Marks Act, 1958, (43 of 1958.) by the Shell Company of India Limited or Shell International Petroleum Company Limited, being companies incorporated in England and having their registered office at Shell Central, London, United Kingdom.

(b) The right of Burmah Shell to use in India any trade marks and other distinctive marks (including, but not confined to,trade names, styles of labelling and distinctive colour schemes) registered under the Trade and merchandise Marks Act, 1958, (43 of 1958.) by the Burmah Oil Company Limited, a company incorporated in Scotland and having its registered office at 48, St. Winston Street, Glasgow, Scotland, or by the Burmah Oil Trading Limited, a company incorporated in England and having its registered office at Burmah House, Pipers Way, Swindon, United Kingdom.

(c) All trade marks registered in India by Burmah Shell under the
Trade and Merchandise Marks Act, 1958 (43 of 1958.).

THE SECOND SCHEDULE
(See section 8)

1.The amount specified in section 8 shall be deemed to correspond to fifteen million two hundred and nine thousand seven hundred and seventy-two pounds sterling (hereafter in this Schedule referred to as the principal amount).

2. The amount referred to in the foregoing paragraph and the interest due thereon shall be remitted by the Central Government to Burmah Shell at its principal office in the United Kingdom on the dates and in instalments specified in the corresponding entries in the Table below, namely:-

THE TABLE

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Installments (in Pound sterling)

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Date of Payment Principal Interest amount

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(i) 30-3-1977 . . . . . . 3,802,443 1,513,477.

(ii) 30-3-1978 . . . . . . 3,802,443 912,586.

(iii) 30-3-1979 . . . . . . 3,802,443 608,391.

(iv) 30-3-1980 . . . . . . 3,802,443 304,195.

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Explanation
.-In this Schedule, "pound sterling" means the unit of currency in the United Kingdom.

Last updated on September, 2016

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