The Tamil Nadu Public Works Engineering Corporation Limited (acquisition and miscellaneous provisions)Act, 1980

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THE TAMIL NADU PUBLIC WORKS ENGINEERING CORPORATION LIMITED
(ACQUISITION AND MISCELLANEOUS PROVISIONS) ACT, 1980.
TAMIL NADU ACT NO. 43 OF 1980
Arrangement of Sections
CHAPTER I
PRILIMINARY
1. Short Title and commencement.
2. Definitions
CHAPTER II
ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE COMPANY.
3. Transfer to and vesting in the Government of the undertakings of the company
4. General effect of vesting
5. Assumption of Liability
6. Payment of amount
CHAPTER III
MANAGEMENT, ETC., OF THE UNDERTAKING
7. Management etc., of the undertaking.
8. Duty of persons in-charge of management of the undertaking to deliver all assets, etc.

CHAPTER IV
PERSONS RELATING TO EMPLOYEES OF THE UNDERTAKING
9. Transfer of officers and other employees to the Government.
10. Provident and other funds.
CHAPTER V
MISCELLANEOUS
11. Act to override all other enactments.
12. Contracts to cease to have effect unless ratified by Government.
13. Penalties.
14. Offences by companies.
15. Protection of action taken in good faith.
16. Delegation of powers.
17. Power to make rules.
18. Power to remove difficulties
THE TAMIL NADU PUBLIC WORKS ENGINEERING CORPORATION LIMITED
(ACQUISITION AND MISCELLANEOUS PROVISIONS) ACT, 1980.
TAMIL NADU ACT NO. 43 OF 1980
[25th November 1980]
An Act to provide fur the acquisition and transfer of the right, title and interest of the undertaking
of the Tamil Nadu Public Works Engineering Corporation Limited and for matters connected
therewith.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty -First Year of the
Republic of India as follows :--
CHAPTER I
PRILIMINARY
1. Short Title and commencement .— (1) This Act may be called the Tamil Nadu Public
Works Engineering Corporation Limited (acquisition and miscellaneous provisions)Act, 1980.
(2) It shall come into force on such date as the Government may, by notification, appoint.
2. Definitions.— 2. In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date appointed by the Government under sub -section (2) of
section 1 ; (b) "Company” means the Tamil Nadu Public Works Engineering Corporation
Limited, being a company incorporated under the Companies Act, 1956 (Central Act 1 of 1356),
having its registered office in this State;
(c) "Government" means the State Government ;
(d)"Undertaking" means an undertaking of the Company carrying on the activities with a view to
achieve & objects specified in Clause III of the Memorandum of Association of the Company.

CHAPTER II
ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE COMPANY.
3. Transfer to and vesting in the Government of the undertakings of the company .—. On
the appointed day, the undertakings of the Company, and the right, title and interest of the
Company in relation to its undertakings, shall, by virtue of this Act, be transferred to, and shall
vest absolutely in, the Government.
4. General effect of vesting.— (1) The undertakings of the Company shall be deemed to
include all assets, rights, lease -holds, powers, authorities of vesting. and privileges, and all
property, movable and immovable, including lands, buildings, workshops, stores, instruments,
machinery and equipment, cash balances, cash in hand, reserve funds, investments, book
debts and other rights and interests in, or arising out of, such property, were immediately before
the appointed day in the ownership, possession, power or control of the Company, 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 Government under section 3 shall, by
force of such vesting be freed and discharged from any trust, obligation,' mortgage, charge, lien
and all other encumbrances affecting it, and any attachment, injunction or decree or order of
any court or tribunal restricting the use of such property in any manner shall be deemed to have
been withdrawn.
(3) Where any license or other instrument in relation to the undertaking had been granted at
any time before the appointed day to the company by the Central Government or a State
Government or any other authority, the Government shall, on and from such date, be deemed to
be substituted in such license or other instrument in place of the Company referred to therein as
if such license or other instrument had been granted to then, and shall hold such licence or
other instrument for the remainder of the period for which the company would have held PUC~
licence or other instrument.
(4) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation
to .any matter specified in section 5 in respect of the undertaking instituted or pr eferred by or
against, the Company, pending, the same shall not abate, be discontinued or be, in any way
prejudicialIy affected by reason of the transfer of the undertaking or of anything contained in this
Act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or
against the Government.
5. Assumption of Liability.— Every liability including any liability arising in respect of
(a) loans advanced by the Central Governme nt, or a State Government, or both, to the
undertaking (together with interest due thereof) prior to the appointed day; and ( b) wages,
salaries and other dues of the employee s of the undertaking , in respect of any period before
the appointed day, shall, on and from the appointed day, be the liability of the G overnment and
shall be discharged by the G overnment as and when repayment of such loa ns or amounts
become due or as and when such wages, salaries or other dues become due and payable.
6. Payment of amount.— (1) The Government shall give, in cash, to the C ompany an amount
equivalent to the sum of rupees sixteen lakhs sixty thousand nine hundred and sixty -six only for
the transfer to, and vesting in, the Government, under section 3 of the undertakings of the
Company.
(2) The amount referred to in sub- section (I), shall be paid within six months from the appointed
day.
CHAPTER III
MANAGEMENT, ETC., OF THE UNDERTAKING
7. Management etc., of the undertaking .— On and, from the appointed day, the affairs and
business of the undertaking shall be administered by the Government.
8. Duty of persons in -charge of management of the undertaking to deliver all assets,
etc.— On the vesting of the undertaking in the Government all persons in -charge of the
management of such undertaking immediately before su ch vesting shall be bound to deliver to
the Government all assets ,books of account, registers or other documents in their custody
relating to the undertaking.
CHAPTER IV
PERSONS RELATING TO EMPLOYEES OF THE UNDERTAKING
9. Transfer of officers and other em ployees to the Government.— (1) Every officer or other
employee who has been, immediately before the appointed day, employee by the Company in
relation to its undertakings, shall become, on and from the appointed day, an employee of the
Government, and shall hold office or service under the Government with the same remuneration
and upon the same terms and conditions, with the same rights and privileges as to pension,
gratuity and other matters as would have been admissible to him, if there had been no such
vesting and shall continue to do so unless and until his employment under the Government is
duly terminated or until his remuneration, terms and conditions of service are duly altered by the
Government :
Provided that, if the alteration so made is not a cceptable to any such officer or other
employee, his employment may be terminated by the Government on payment to him of an
amount equivalent to three months' remuneration in the case of permanent employees and one
month's remuneration in the case of other employees:
Provided further that, nothing contained in this sub -section shall apply to any officer or
other employee who has by notice in writing given to the Government within thirty days next
following the appointed day intimated his intention of not becoming an officer or other employee
of the Government.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act XI' of
1947) or in any other law for the time being in force, the transfer of the services of any officer or
other employee, employed in the undertaking to the Government shall not entitle such officer or
other employee to any compensation under this Act or any other law for the time being in force
and no such claim shall be entertained by any court, tribunal or other authority.
10. Provident and other funds. — (1) Where the Company has established a provident and
other fund, superannuation, welfare or other fund for the benefit of the persons employed in the
undertaking, the monies relatable to the employees, wh ose services have become transferred
by or under this Act to the Government shall , out of the monies standing, on the appointed day,
to the credit of such pro vident fund, superannuation, welfare or other fund, stand transferred to,
and shall vest in the Government.
(2) The monies which stand tran sferred, under subsection (I), to the Gove rnment shall be dealt
with by Government in such manner as may be prescribed.
CHAPTER V
MISCELLANEOUS
11. Act to override all other enactments. — The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the time being in
force or in any instrument having effe ct by virtue of any law other than this Act or in any decree
or order of any court, tribunal or authority.
12. Contracts to cease to have effect unless ratified by Government. — (1) Every contract
entered into by the undertaking for any service, sale or supply and in force immediately before
the appointed day shall, on and from the expiry of one hundred and eighty days from such date
cease to have effect unless such contract is, before the expiry of the period, ratified, in writing,
by the Government and in ratifying such contract the Government may, make such aIterations
or modifications therein as it may think fit :
Provided that the Government shall not omit to ratify a contract, and shall not make any
alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous
or has been entered into in bad faith or is detrimental to the interests of the undertaking.
(2) The Government shall not omit to ratify a contract, and, shall not make any alteration or
modification therein, except after giving to the parties to the contract a reasonable opportunity of
being heard and except after recording in writing its reasons for refusal to ratify the contract or
for making any alteration or modification therein.
13. Penalties.— Any person who,-
(a) having in his possession, custody or control an y property forming part of the undertaking,
wrongfully withholds such property from the Government or any person authorise d by the
Government in this behalf, or
(b) wrongfully obtains possession of, or retains an y property forming part of the u ndertaking or
willfully withholds or fails to furnish to the Government, or any person specified by the
Government, any document relating to such undertaking which may be in his possession,
custody or control or fails to deliver to the Government or any person specif ied by the
Government any assets, books of account, registers or other documents in his custody relating
to the undertaking, or Penalties.
(c) wrongfully removes or destroys any property formin g part of the undertaking or prefers any
claim under this Act which he knows or has reason to believe to be false or grossly inaccurate,
shall be punishable with imprisonment for a term which may extend t o two years or with fine
which may extend to ten thousand rupees, or with both.
14. Offences by companies.— (1) Where an offence under this Act, has been committed by a
Company, every person who at the time of the offence was committed was in charge of, and
was responsible to, the company for the conduct of the business of the Company as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded and
punished accordingly:
Provided that nothing contained in this sub -section shall ,render any such person liable
to any punishment ,if he proves that the offence was committed without his knowledge or that
he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in subsection (I), where any offence under this Act has
been committed by a Company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part of any Director, Manager,
Secretary or other officer of the Company, such Director, Manager, Secretary or other officer
shall be deemed to be guilt y of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.-For the purposes of this section,-
(a) "Company" means a body corporate and includes a firm or other association
of individuals; and
(b) "Director", in relation to a firm, means a partner in the firm.
15. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding
shall lie against the Government or any officer of the Government for anything which is in good
faith done or to be done under this Act.
16. Delegation of powers.— (1) The Government may, by notification, direct that all or any of
the powers exercisable by it, under this Act, other than t he power under section 17 may also be
exercisable by any person or persons as may be specified in the notification.
(2) Whenever any delegation of power is made under sub -section (I), the person to whom such
power has been delegated shall act under the direction, control and supervision of the
Government.
17. Power to make rules.— (1) The Government may make rules to carry out the provisions cf
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:-
(a) the manner in wh ich monies in any provident or other fund referred to in section 10
shall be dealt with;
(b) any other matter which is required to be, or may be prescribed.
(3) All rules made under this Act shall be published in the Tamil Nadu Government Gazette, and
unless they are expressed to come into force on a particular day, shall come into force on the
day on which they are so published.
(4) All notifications issued under this Act shall, unless they are expressed to come into force on
a particular day, come into force on the day on which they are published.
(5) Every rule made or notification issued under this Act shall, as soon as possible, after it is
mace or issued, be placed on the table of both Houses of the Legislature, and if, before the
expiry of the session in which it is so placed or the next session, both. Houses agree in making
any modification in any such rule by notification or both Houses agree that the rule or
notification should not be made or issued, the rule or notification shall thereafter have effect only
in such modified form or be of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done
under that rule or notification.
18. Power to remove dif ficulties.— If any difficulty arises in giving effect to the provisions of
this Act, the Government may, by order not inconsistent with the provisions of this Act, remove
the difficulty :
Provided that no such order shall be made after the expiry of a period of two years from
the appointed day.

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