(1) The undertakings of the Company 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, 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 incumbrances affecting them, and any attachment, injunction, decree or
order of any court, tribunal or other authority restricting the use of such properties in any manner
shall be deemed to have been withdrawn.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 7 and also out of the amount determined under section 8, but no such
mortgage, charge, lien or other interest shall be enforceable against any property which has
vested in the Central Government.
(5) Any licence or other instrument granted to the Company in relation to any undertaking
which has vested in the Central Government under section 3, at any time before the appointed
day and in force immediately before that day, shall continue to be in force on and after such day
in accordance with its tenor in relation to, and for the purposes of, such undertaking and on and
from the date of vesting of such undertaking under section 6 in Andrew Yule, that company shall
be deemed to be substituted in such licence or other instrument as if such licence or other
instrument had been granted to Andrew Yule and that company shall hold it for the remainder of
the period for which the Company would have held it under the terms thereof.
(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 Company is pending, the same shall not abate, be discontinued or
be, in any way, prejudicially affected by reason of the 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 where the
undertakings of the Company are directed under section 6, to vest in Andrew Yule, by or against
Andrew Yule.