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(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 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 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whole or any part of such properties shall be deemed to have been withdrawn.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 interests, payment of the mortgage
money or other dues, in whole or in part, out of the amounts specified in section 8 and also out of the
amounts 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) 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 the appointed 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 5, in an existing Government company, or under section 6, 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 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 5, to vest in an existing Government company or become transferred by virtue of the provisions of
section 6 to a new Government company, by or against such Government company.
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