Section 4:
General effect of transfer and vesting of undertaking.
(1) The Central Government, being the
shareholder of the Development Bank and every other shareholder of the Development Bank 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 Development Bank which is transferred to, and which vest 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, investments, shares,
bonds, debentures, security, management of any industrial concern, loans, advances and guarantees given
to any person or industrial concern, 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 Development Bank in relation to its undertaking, within or without India, all books of
account, 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
Development Bank in relation to its respective undertaking.
(3) All contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working
arrangements subsisting immediately before the appointed day and affecting the Development Bank shall
cease to have effect or to be enforceable against the Development Bank and shall be of as full force and
effect against or in favour of the Company in which the undertaking of the Development Bank has vested
by virtue of this Act and enforceable as fully and effectually as if instead of the Development Bank, 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 Development Bank 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 Development Bank has vested
by virtue of this Act as it might have been enforced by or against the Development Bank if this Act had
not been enacted and shall cease to be enforceable by or against the Development Bank.