Section 4:
General effect of vesting.
(1) The undertakings of the Company shall be deemed to include all
assets, rights, lease-holds, powers, authorised 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, book debts 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 Company, whether within or outside India, and all books of account, registers and all other documents
of whatever nature relating thereto.
(2) All properties as aforesaid which have vested in the Central Government under section 3 shall, by
force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all
other encumbrances affecting them, and any attachment, injunction or decree or order of any court
restricting the use of such property in any manner or appointing any receiver in respect of the whole or
any part of such properties shall be deemed to have been withdrawn.
(3) 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 manner as may be prescribed, an intimation to the Commissioner of such
mortgage, charge, lien or other interest.
(4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in
sub-section (3) 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 interests, payment of the mortgage
money or other dues, in whole or in part, out of the amount specified in section 8, and also out of the
monies determined under section 9, but no such mortgage, charge, lien or other interest shall be
enforceable against any property which has vested in the Central Government.
(5) 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 Company is pending, the same shall not abate, be discontinued or be, in any way, prejudicially
affected by reason of transfer of the undertakings of the Company or of anything contained in this Act,
but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the
Central Government, or the Braithwaite and Company Limited, or, where the undertakings of the
Company are directed, under section 7, to vest in a Government company, against that Government
company.