1 page 3, line 2,-fcr u ga l:mces h re39 ii ba lances" 2 page 3 in the marginal heading to the ~ro;')osed new section 8d,-fqt "section 4a:' read ;, secti on 8i\" __-_  _  3, page 5, line 2 from bottomi~ new delhi;  but no 132 of 1  1 the alcock ashdown company limited (acquismon or undertakings) amendment bill, 1987 a bill,"her to amend thle alcock ashdown company limited (acquisition of uftdert41cing) act, 1973 b it enacted by parliament in the thirty-efghth year at the republic of india as follows:-1 thi act may be called  the alcock ashdown company limitied short (acquisition of undertakings) amendment act, 1987 title n, 117 • , z in section 2 of the alcock ashdown company limited (acquisf-amend-uon of undertakings) act, 1973 (hereinafter referred to as the principal ment of act> i after clause (c), the following clauses shall be inserted, namely: -21ectioja (eca) ''notification'' means a notification published in the omcial gazette; 10 (eb) "undertakings of the company" means,-(i) the industrial unit owned by the company and located at bhavnagar in the state of gujarat (hereinafter referred to u the bhavnagar unit); and i' (ii) the industrial unit owned by the company located at bombay in the state of maharashtra (hereinafter referred to u the bombay unit) ;' 31 after section s of the principal act, the following sections shall be inserted, namely:-lnaer tion of new aecti()oi sa, sb, ac, so, 8e and 81', vesting of the bhav_ nagar unit in the stite govern· ment "sa (1) notwithstanding anything contained in sections 3 and , the central government shall, direct, by notification that all assets, rights, powers, authorities and privileges and all property, movable s and immovable, cash balances, reserve funds investments and all other rights and interests in, or ari9ing out of, such property of the bhavnagar unit which have vested in the central government under section 3, sha~l, instead of continuing to vest in the central government, vest in the state governmt!nt of gujarat (hereinafter refer- 10 red to as the state government), either on the date of publication of the notification or on such later date as may be specified in the notification (2) where the assets, rights, powers authorities and privileges and all property movabl" ann immovable cash balances, reserve is fimda~ investmants and a'l other rights and interests in, or arising out of such property of the bh!'lvna~ar unit vest, under sub-section (1) in the state governrrent, that government shah, on and from '>1, thc!i-dttte ef i8uchvef!ung be deemed ta have become ·tl1e, 'cjwuai'~of such unit· and the ri{!ntg and liabiutles· of' the central government 20 in relation to that unit shall, on and from the date of such vesting, be deemed to have become the rights and liabilities of the state government bb (1) notwithstanding anything contained ill" sections' :rand 4, " the cntral government shall· direct bv n'otiflmttion~ that au:i8sseb, 2s vesting of bombay unit in government colm' pany rj~hts, powers, authorities and privilege and all propetty,movable  ,; and immovable, cash ,balances, reserve funds, investments,ijnq all other rights and inter¥ts in or flrising 01lt of such promrty 'oftbe bombay unit which have vesterl in the centr~l government under section 3, shan, instead of continutn~ to vest in the central govern- 30  '" m'eht,' velt' in the maza~on dock limited a goveminent : (tompanyi-;'~i haying' its; registerer) office'in the state of maharasbtr:l (heieinafter  'referred tol as the government: companv), either on the- dati!t/of r'lblication of the notification or on such later date as may be ' specified ip the notification 3s (2) where the assets, rights, powers authorities and privileges and all property, movabi~ and immovable, cash; baian'''' rese~l funds, investments anrj all other rights and interests in, or arising out f··i ·" 'of, suchpropertyof the bombay unit vest, uridersubsection (1) in ,  ·t1m'gove-m~ent company; that compan~ shall, on and: 'frdlll the date 40 of such vestmg, be deemed tb(;have become, ttownerj c'such unit ,  an~ the rights and liabilities 0t the ,central gq\le~t in relation " ' t~ that unit shall, on and from the date of such v'est~,g,,~be deemed to have become the rights and liabuities j)l~: ,gqvernmentt company ',  45  -- ,i ges ~lmd' -allpropetty, movable and immovable, cash galances, reeerves 10 | end,       |     ||-------------|-------|| ·'!         |       || meqto/ot,_  |       || i           |       || certaia' : |       || emplo:"     | _    || yees        |       || to          |       || conti-      |       || nue         |       || when        |       || bhav_       |       || nagar       |       || unit        |       || vests       |       || under       |       || section     |       || sa         |       |!- ,funds, investments and other ,rights and interests in, or aiising out of, such property of the ,bbav'nagar unit vest, under section 8a in the state government, every person who has been, immediately before the 'date of such vesting, employed in that unit fhall become, on and -trom the date of such vesting, an employee of the state government, and shall hold office or service under ·that state govemment 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 -vestin-g and shall continue to do so unless and until his employment under the state government is duly terminated or until his remuneration and other conditions of service are duly altered by the state government 15 14 of 1947 20 (2) notwithstanding anything contained in the industrial dis· putes act, 1947 or in any other law for the time being in force, the transfer of the services of any officer or other person employed in the bhavnagar unit to the state government, shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court tribunal or other authority (3) where under the terms of any contract of service or other· wise, any person, whose services become transferred to the state government by reason of the provisions of this act, is entitled to 2s any arrears of salary or wages or any payments for any ieav:e not availed of or any other payment, not being payment by way of gratuity or pension, such person may enforce his claim against the central government, but not against the state government 30 80 (1) where a provident fund, superannuation fund, welfare fund or any other fund has been established for the benefit of the persons employed in the bhavnagar unit, the monies relatable to the officers or other employees, whose services have become transferred by or under this act to the state government, shall, stand transferred to and vest in the state government 35 (2) the monies which stand transferred under sub-section (1) to the state govemment, shall be dealt with by that government for the benefit of the officers and employees so transferred, in such manner as the state government may decide from time to time transfer of provident fund and other fund whon undertakings vest under aection 4a 40 savilll of contracts, etc 45 se all contracts, 'deeds, bonds, agreements and other instru· ments of whatever nature to which the central government is a party in relation to the bhavnagar unit vested in the state government under section sa subsisting or having effect immediately before the date of vesting of the, said unit in the state government, shall, as from that day, be of full force and effect against, or in favour of the state government and may be enforced fully and effectually, as if instead of the central government, the state government had , 'been a party thereto sf 0) if any difbculty arises in giving effect to the provillona of sections 8a, 8b, sc, 80 and 8e, the central government may by order, published in the ofbcial gazette, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of 5 a period of two years from the coming into force of the a1c:ock ashdown company limited (acquisition of undertakings) amenc:j ment act, 1987 (2) every order made under sub-section (1) shall be laid before each house of parliament " 10  statement of objects and reasonsthe undertakings of the alcock ashdown company ~ted comprised of two units one in bombay and the other in bhavnagar, gujarat which were acquired by the central government through the alcock ashdown company limited (acquisition of undertakings) act, 1973 immediately after the acquisition of the undertakings, the central government, in exerclse of poweri under section 8 of the act entrusted the manpment, and adminisu-ation of the two units viz; (1) bombay unit and (2) bhavnagar unit to (1) mazagon dock limited, a government of india undertaking under the ministry of defence and (2) indultr1e commiaaioner, government of gujarat, respectively since then, the re8pec~ve managements of mazagon dock limited and government of gujarat have been running the units 2 prior to the acquisition of the undertakings of the company both \he mazagon dock limited and the governm~nt of gujarat had expreued their keen interest in ultimately owning the respective units in public interest while acquiring the undertakings of the company, the central government was also of the view that the ownership of the two unit would in due courle be transferred to them who had been managinl tb  unita 3 while the central government was actively considering the trandlr of 'the two units, a question arose whether under the existing provisions of the act, the units could be transferred after examining the provi-1i0o of the act, it however, appeared that in the abaence 01 speciftc provisions in the act, the central government cannot tradlfer the right, tiue and interest vested in it to any other government or or,-nilation 4 the bill eeka to re-vest the property of the bhavnagar and bombay unit of the undertakings of the alcock ashdown company limited in the state government of gujarat and mazagon dock limited respectively the bill alio seeks to safeguard the interests of the exilting emplot'" of bhavnalar unit by continuing their employment, provide for the transfer of provident fund and other funds to the state government and for the lavinr of all contracts, deeds and bonds, to which the c:'dtr~ qovernment is a partr in relation to the laid unit •• : v!:noata mo r_ 10th not)embl1', 108'7 'j r~~&qf ,the ,bw,aeeks  to wfil't, among other '~oiuj, a new sectionsf,~ the alcock ashdown company limited (acquisition of under-~) ac~, -,1973' -which empowers the central government, by orde~, ~,remove',any,qifticulty which m~y arise in giving etfectlo the provisions ~{~wti()nb sa to 8e'proposed to be inserted',by 'the sald clallse-aify order which the central government may make under this section should 'il6t 'de"mco~t~t -wtthth-e l>to'oisiojis rlf the ~ct 1'he proposl!tl ll'e'w ectionl1sopto~~s 'that no sqdl order sliau '-be tnac1t!att~r 'the"exp'ft1' t;t'twoye'a~'ftiorn: 'the 'dste dt c'oln1ng'1ntol~orc!e ·of'this':aet iewry order 1n1l&r muter utts '8ecutlnts "alto 'tequired 'to "be 1aid 'before 'the lholldl' lw !parliament ' 2, the delegation of legislative power under this,new aadiod, inl far as it provides for a time limit of two years within which this power 'c'o-ald~ 'be -'ex'el'c1sm ' and "that' every order shall 'be '18ia -before' the' u-ouses cff'1'"namem;1s ot"a 'norma1characler ~~  :  ' ; ' _  '  '''' :"  t- ,,\ , " - "t,:'  -  ':,f ~'~ ' "'"  " ""  a bnl furthe,r to amend the alcock ashdown company limited (acquisition of undertakings) act, 1973 