Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984
No: 55 Dated: Aug, 23 1984
THE HOOGHLY DOCKING AND ENGINEERING COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1984
ACT NO. 55 OF 1984
An Act to provide for the acquisition and transfer of the undertakings of the Hooghly Docking and Engineering Company Limited with a view to securing the better utilisation of the available infrastructure thereof, to modernise and increase the capacity for ship building and ship repairing so as to reduce the import of ships, vessels and craft and to augment the production of grey iron, non-ferrous and alloy castings by the said undertakings so as to subserve the interests of the general public by ensuring the continued supply of the said articles which are essential to the needs of the economy of the country, and for matters connected therewith and incidental thereto.
WHEREAS the Hooghly Docking and Engineering Company Limited is, through its undertakings, engaged in shipbuilding, ship repairing, general engineering and other activities;
AND WHEREAS the Company has the capacity and infrastructure to effect an increase in the country’s capacity to manufacture ships and other vessels and craft;
AND WHEREAS an increase in the production of such vessels and craft would reduce the need of the country to make imports of such vessels and craft and would thereby enable the country to save foreign exchange;
AND WHEREAS the Company is also engaged in the production of grey iron, non-ferrous and alloy castings which are essential to the needs of the economy of the country;
AND WHEREAS the Company had been suffering heavy losses for a number of years mainly due to lack of fresh investment and modernisation;
AND WHEREAS further investment of substantial sums of money is needed to run and modernise the undertakings of the Company: but in view of the serious adverse financial condition of the Company it is not in a position to secure such investment;
AND WHEREAS the liquidation of the Company, by reason of its inability to pay its debts, would prejudicially affect the country’s capacity to manufacture such ships, vessels and craft and would thereby be prejudicial to the public interest;
AND WHEREAS in view of the position aforesaid it is necessary to acquire the undertaking of the said Company to enable the Central Government to make necessary investments for securing the proper utilisation of the available facilities for shipbuilding and ship repairing (including the production of vessels and craft) and also for the production of grey iron, non-ferrous and alloy castings which are essential to the needs of the economy of the country;
BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984.
(2) It shall be deemed to have come into force on the 28th day of June, 1984.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date of commencement of this Act;
(b) “Commissioner” means the Commissioner of Payments appointed under section 15;
(c) “Company” means the Hooghly Docking and Engineering Company Limited, being a company as defined in the Companies, Act, 1956 (1 of 1956), and having its registered office at 12, Mission Row, Calcutta-700001;
(d) “existing Government company” means a Government company which is carrying on business on the appointed day;
(e) “new Government company” means a Government company formed and registered on or after the appointed day;
(f) “notification” means a notification published in the Official Gazette;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “specified date”, in relation to any provision of this Act, means such date as the Central Government may, by notification, specify for the purposes of that provision and different dates may be specified for different provisions of this Act.
(i) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings, respectively, assigned to them in that Act.
CHAPTER II
ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE COMPANY
3. Transfer to, and vesting in, the Central Government of the undertakings of the Company.— On the appointed day, the undertaking of the Company, and the right, title and interest of the Company in relation to its undertakings, shall, by virtue of this Act, stand transferred to, and vested in, the Central Government.