Section 4:
General effect of vesting.
(1) The textile undertakings referred to in section 3 shall be deemed to
include all assets, rights, lease-holds, powers, authorities and privileges and all property, movable and
immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash
balances, cash on hand, reserve funds, investments and book debts pertaining to the textile undertakings
and all other rights and interests in, or arising out of, such property as were immediately before the
appointed day in the ownership, possession, power or control of the textile company in relation to the said
undertakings, whether within or outside India, and all books of account, registers and all other documents
of whatever nature relating thereto and shall also be deemed to include the liabilities and obligations
specified in sub-section (2) of section 5.
(2) All property as aforesaid which have vested in the Central Government under sub-section (1) of
section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation,mortgage,
charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of
any court or other authority restricting, the use of such property in any manner shall be deemed to have
been withdrawn.
(3) Where any licence or other instrument in relation to a textile undertaking had been granted, at any
time before the appointed day to the owner by the Central Government or a State Government or any
other authority, the National Textile Corporation shall, on and from such date, be deemed to be
substituted in such licence or other instrument in place of the owner referred to therein as if such licence
or such other instrument had been granted to it and shall hold such licence or the textile undertaking
specified in such other instrument for the remainder of the period for which the owner would have held
such licence or the textile undertaking under such other instrument.
(4) Every mortgagee of any property which has vested under this Act in the Central Government and
every person holding any charge, lien or other interest in, or in relation to, any such property shall give,
within such time and in such manneras may be prescribed, an intimation to the Commissioner of such
mortgage, charge, lien or other interest.
(5) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in
sub-section (2) or any other person holding any charge, lien or other interest in, or in relation to, any such
property shall be entitled to claim, in accordance with his rights and interest, payment of the mortgage
money or other dues, in whole or in part, out of the amounts specified in relation to such property in the
First Schedule, but no such mortgage, charge, lien or other interest shall be enforceable against any
property which has vested in the Central Government.
(6) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any
property which has vested in the Central Government under section 3, instituted or preferred by or against
the textile company is pending, the same shall not abate, be discontinued or be, in any way, prejudicially
affected by reason of the transfer of the textile undertakings or of anything contained in this Act, but the
suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the National
Textile Corporation.
(7) Any person who, on the date on which the Textile Undertakings (Nationalisation) Ordinance,
1995 (Ord. 6 of 1995) was promulgated, was in possession of, or had under his custody or control, the
whole or any part of any textile undertaking referred to in section 3, the management of which could not
be taken over by the Central Government by reason of any decree, order or injunction of any court or
otherwise, shall deliver forthwith the possession of such undertaking or part and all books of account, registers and all other documents of whatever nature relating to such undertaking or part to the Central
Government or the National Textile Corporation or such other person as the Central Government or the
National Textile Corporation, as the case may be, may specify in this behalf.
1
[(8) Notwithstanding the fact that the textile operations have been discontinued in any textile
undertaking being revived, shall for all effects and purposes be deemed that the textile operations are
being continued and no suit or proceeding shall be instituted or if instituted be maintainable against the
National Textile Corporation on the ground that it has discontinued such activity in the textile
undertaking.
(9) For the removal of doubts, it is hereby declared that the continued deemed vesting of the leasehold
land in the Central Government shall not affect, impair or in any manner prejudice the rights of the
National Textile Corporation to prosecute or defend any proceedings as a subsequent vestee in respect
of any such lease-hold rights and no such proceedings shall fail only on account of the non-impleadment
of that Government.]
Notes:
1 Ins. by Act 36 of 2014, s. 6 (w.e.f. 24-10-2014).