(45)

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ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

NOTIFICATION

New Delhi, the 18^th July, 2014

The following Act of Parliament received the assent of the President on the 17th July, 2014, and is hereby published for

general information.

THE ANDHRA PRADESH REORGANISATION

(AMENDMENT) ACT, 2014

No. 19 of 2014

17^th July, 2014

AN ACT to amend the Andhra Pradesh Reorganisation Act, 2014.

BE it enacted by Parliament in the Sixty- fifth Year of the Republic ofIndia as follows:-

1. Short title and commencement. (1) This Act may be called the Andhra Pradesh Reorganisation (Amendment) Act, 2014.

(2) It shall be deemed to have come into force on the 29th day of May, 2014. (6 of 2014)

2. Amendment of section 3. In the Andhra Pradesh Reorganisation Act, 2014, in section 3, for the words, brackets, letters and

figures "Khammam (but excluding the revenue villages in the Mandals specified in G.O.Ms.No. 111 Irrigation & CAD (LA IV R&R- I)

Department, dated the 27th June, 2005 and the revenue villages of Bhurgampadu, Seetharamanagaram and Kondreka in

Bhurgumpadu Mandal)", the words and brackets "Khammam (but excluding the Mandals of Kukunoor, Velairpadu and Bhurgampadu

but not including its revenue villages of Pinapaka, Morampalli Banzar, Bhurgampad, Nagineniprolu, Krishnasagar, Tekula, Sarapaka,

Iravendi, Mothepattinagar, Uppusaka, Sompalli and Nakripeta under the Palvancha Revenue Division, and the Mandals of Chintoor,

¸ÀA¥ÀÄl 150

Volume 150

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Bengaluru, Thursday, February 5, 2015 (Magha 16, Shaka Varsha 1936)

¸ÀAaPÉ 6

Issue 6

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, ¥sÉ§æªÀj 5, 2015

¨sÁUÀ 4

Kunavaram, Vararamachandrapuram and Bhadrachalam but not including the revenue village of Bhadrachalam under the

Bhadrachalam Revenue Division)" shall be substituted.

3. Repeal and saving. (1) The Andhra Pradesh Reorganisation (Amendment) Ordinance, 2014 (Ord. 4 of 2014) is hereby

repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Andhra Pradesh Reorganisation Act, 2014,

(6 of 2014) as amended by the said Ordinance, shall be deemed to have been done or taken under the provisions of that Act, as

amended by this Act.

P. K. MALHOTRA,

Secy. to the Govt. of India.

P.R. 126

SC - 20

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C¢ü¸ÀÆZÀ£É

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PÉ¼ÀPÀAqÀ The Textile undertakings (Nationalisation) Laws (Amendment and Validation) Ordinance 2014 (No. 6 of 2014) ¢£ÁAPÀ

24-10-2014 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

NOTIFICATION

New Delhi, the 24^th October, 2014

THE TEXTILE UNDERTAKINGS (NATIONALISATION) LAWS

(AMENDMENT AND VALIDATION) ORDINANCE, 2014

No. 6 of 2014

Promulgated by the President in the Sixty-fifth Year of the Republic of India.

An Ordinance further to amend the Sick Textile Undertakings (Nationalisation) Act, 1974 (57 of 1974) and the Textile

Undertakings (Nationalisation) Act, 1995 (39 of 1995) in order to continue with the lease-hold rights vested in the National Textile

Corporation on completion of the lease-hold tenure;

WHEREAS the National Textile Corporation subserves the interests of the general public and the land continue to be in

possession of the said Corporation;

AND WHEREAS various other textile undertakings have been nationalised from time to time and their assets vested absolutely

in the Central Government and thereafter transferred to the National Textile Corporation Limited by the Central Government free from all

encumbrances;

AND WHEREAS after the nationalisation of the textile undertakings, a large sum of money have been invested with a view to

making the said textile undertakings viable;

AND WHEREAS the Central Government has taken initiative to revive certain sick undertakings including the National Textile

Corporation under a revival scheme sanctioned by the Board for Industrial and Financial Reconstruction under the Sick Industrial

Companies (Special Provisions) Act, 1985; (1 of 1986).

AND WHEREAS it is necessary for the proper and effecti ve implementation of the revival scheme and to protect the public

investment in the acquired textile undertakings and to explicitly clarify the status of such vesting of the lease-hold rights in the Central

Government;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary

for him to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased

to promulgate the following Ordinance:-

¨sÁUÀ 4

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, ¥sÉ§æªÀj 5, 2015

CHAPTER I

PRELIMINARY

1. (1) Short title and commencement. This Ordinance may be called the Textile Undertakings (Nationalisation) Laws

(Amendment and Validation) Ordinance, 2014.

(2) It shall come into force at once.

CHAPTER II

AMENDMENT TO THE SICK TEXTILE UNDERTAKINGS (NATIONALISATION) ACT, 1974

2. Amendment of section 3. On and from the date of commencement of the Sick Textile Undertakings (Nationalisation) Act.

1974, (57 of 1974) (hereafter in this Chapter referred to as the principal Act), in section 3 after sub-section (2), the following sub-

sections shall be inserted and shall be deemed to have been inserted, namely:-

"(3) Notwithstanding the transfer and vesting of any sick textile undertaking to the National Textile Corporation by virtue

of sub-section (2), the lease-hold rights of the sick textile undertakings shall continue to remain vested in the Central

Government on payment of lease-hold rents and shall be discharged, for and on behalf of that Government, by the

National Textile Corporation as and when payment of such lease-hold rents or any amount becomes due and

payable.

(4)

Subject to sub-section (3), no court shall have jurisdiction to order divestment from the National Textile Corporation

of the property vested in it by the Central Government." .

3. Amendment of section 4. On and from the date of commencement of the principal Act, in section 4, after sub-section (7),

the following sub-sections shall be inserted and shall be deemed to have been inserted, namely:-

"(8) Notwithstanding the fact that the textile operations have been discontinued in any sick textile undertaking being

revived, shall for all effects and purposes be deemed that the textile operations are being continued and no suit or

proceeding shall be instituted or if instituted be maintainable against the National Textile Corporation on the ground

that it has discontinued such activity in the sick textile undertaking.

(9)

For the removal of doubts, it is hereby declared that the continued deemed vesting of the lease-hold land in the

Central Government shall not affect, impair or in any manner prejudice the rights of the National Textile Corporation

to prosecute or defend any proceedings as a subsequent vestee in respect of any such lease-hold rights and no

such proceedings shall fail only on account of the non impleadment of that Government.".

4. Insertion of new section 41. After section 40 of the principal Act, the following section shall section be inserted, namely:-

"41. Validation. Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,-

(a)

the provisions of this Act, as amended by the Textile Undertakings (Nationalisation) Laws (Amendment and

Validation) Ordinance, 2014, shall have and shall be deemed always to have effect for all purposes as if the

provisions of this Act, as amended by the said Ordinance, had been in force at all material times;

(b)

any lease-hold property divested from the National Textile Corporation to any person under the provisions of this

Act, as it stood immediately before the commencement of the Textile Undertakings (Nationalisation) Laws

(Amendment and Validation) Ordinance, 2014, shall stand transferred to and vest or continue to vest, free from all

encumbrances, in the National Textile Corporation in the same manner as it was vested in the National Textile

Corporation before such divesting of that property under the provisions of this Act, as if the provisions of this Act as

amended by the aforesaid Ordinance, were in force at all material times;

(c)

no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or

continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such

court or tribunal or authority, notwithstanding any undertaking filed by the National Textile Corporation in any court

or tribunal or authority, directing divestment of such lease-hold property from the National Textile Corporation vested

in it under section 3 of this Act, as it stood before the commencement of the Textile Undertakings (Nationalisation)

Laws (Amendment and Validation) Ordinance, 2014, and such lease-hold property shall continue to vest in the

National Textile Corporation under section 3 of this Act as amended by the aforesaid Ordinance, as ifthe said

section was in force at all material times;

(d)

any transfer of any property, vested in the National Textile Corporation, by virtue of any order of attachment, seizure

or sale in execution of a decree of a civil court or orders of any tribunal or other authority in respect of lease-hold

property vested in the National Textile Corporation which is contrary to the provisions of this Act, as amended by the

Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Ordinance, 2014, shall be deemed to be

null and void and notwithstanding such transfer, continue to vest in the National Textile Corporation under this

Ordinance.".

PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀÄªÁgÀ, ¥sÉ§æªÀj 5, 2015

¨sÁUÀ 4

CHAPTER III

AMENDMENTS TO THE TEXTILE UNDERTAKINGS (NATIONALISATION) ACT, 1995

5. Amendment of section 3. On and from the date of commencement of the Textile Undertakings (Nationalisation) Act, 1995

(39 of 1995) (hereafter in this Chapter referred to as the principal Act), in section 3, after sub-section (2), the following sub-sections shall

be inserted and shall be deemed to have been inserted, namely:-

"(3) Notwithstanding the transfer and vesting of any textile undertaking to the National Textile Corporation by virtue of

sub-section (2), the lease-hold rights of the textile undertakings shall continue to remain vested in the Central

Government on payment of lease-hold rents and shall be discharged, for and on behalf of that Government, by the

National Textile Corporation as and when payment of such lease¬hold rents or any amount becomes due and

payable.

(4) Subject to sub-section (3), no court shall have jurisdiction to order di vestment from the National Textile Corporation

of the property vested in it by the Central Government.".

6. Amendment of section 4. On and from the date of commencement of the principal Act, in section 4, after sub-section (7),

the following sub-sections shall be inserted and shall be deemed to have been inserted, namely:-

"(8) Notwithstanding the fact that the textile operations have been discontinued in any textile undertaking being revived,

shall for all effects and purposes shall be deemed that the textile operations are being continued and no suit or

proceeding shall be instituted or if instituted be maintainable against the National Textile Corporation on the ground

that it has discontinued such activity in the textile undertaking.

(9)

For the removal of doubts, it is hereby declared that the continued deemed vesting of the lease-hold land in the

Central Government shall not affect, impair or in any manner prejudice the rights of the National Textile Corporation

to prosecute or defend any proceedings as a subsequent vestee in respect of any such lease-hold rights and no

such proceedings shall fail only on account of the non-impleadment of that Government.".

7. Insertion of new section 39. After section 38 of the principal Act, the following section shall be inserted, namely:-

"39. Validation. Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,-

(a)

the provisions of this Act, as amended by the Textile Undertakings (Nationalisation) Laws (Amendment and

Validation) Ordinance, 2014, shall have and shall be deemed always to have effect for all purposes as if the

provisions of this Act, as amended by the said Ordinance, had been in force at all material times;

(b)

any lease-hold property divested from the National Textile Corporation to any person under the provisions of this

Act, as it stood immediately before the commencement of the Textile Undertakings (Nationalisation) Laws

(Amendment and Validation) Ordinance, 2014, shall stand transferred to and vest or continue to vest, free from all

encumbrances, in the National Textile Corporation in the same manner as it was vested in the National Textile

Corporation before such divesting of that property under the provisions of this Act as if the provisions of this Act, as

amended by the aforesaid Ordinance, were in force at all material times;

(c)

no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or

continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such

court or tribunal or authority, notwithstanding any undertaking filed by the National Textile Corporation in any court

or tribunal or authority, directing divestment of such lease-hold property from the National Textile Corporation vested

in it under section 3 of this Act, as it stood before the commencement of the Textile Undertakings (Nationalisation)

Laws (Amendment and Validation) Ordinance, 2014, and such lease-hold property shall continue to vest in the

National Textile Corporation under section 3 of this Act, as amended by the aforesaid Ordinance, as ifthe said

section was in force at all material times;

(d)

any transfer of any property, vested in the National Textile Corporation, by virtue of any order of attachment, seizure

or sale in execution of a decree of a civil court or orders of any tribunal or other authority in respect of lease-hold

property vested in the National Textile Corporation which is contrary to the provisions of this Act, as amended by the

Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Ordinance, 2014, shall be deemed to be

null and void and notwithstanding such transfer, continue to vest in the National Textile Corporation under this

Ordinance.".

PRANAB MUKHERJEE,

President.

DR. SANJAY SINGH,

Secretary to the Govt. of India.

P.R. 127

SC - 20

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