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(1) The undertakings of each of the two companies 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, cheques, demand drafts, reserve funds,
investments, book debts and all other rights and interest in, or arising out of such, property as were
immediately before the appointed day in the ownership, possession, power or control of such 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 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respect of the whole or any part of such properties shall be deemed to have been withdrawn.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 interest, payment of the mortgage
money or other dues, in whole or in part, out of the amount specified, in relation to the company owning
such property, in the First Schedule, and also out of the amounts referred to in 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) Any licence or other instrument granted to either of the two companies 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 an for the purposes of such undertaking, and , on and from the date
of vesting of such undertaking under section 6 in an existing Government company, or under section 7 in
a new Government company, the existing, or new, Government company, as the case may be, shall be
deemed to be substituted in such licence or other instrument as if such licence or other instrument had
been granted to such existing, or new, Government company and such existing, or new, Government
company, shall hold it for the remainder of the period for which the company to which it was granted
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 either of the two companies 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 such 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 two companies vest under
section 6 or section 7 in an existing, or a new, Government company, by or against such Government
company.
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