The Industrial Finance Corporation Act, 1948
36. Acquisition of shares by the Central Government.
- In the event of
the Central Government at any time deciding to acquire the shares held by
shareholders 2*[other than the Development Bank]
the shareholders shall be paid for the shares so acquired an amount equal to
the paid-up value of the shares together with a premium calculated at the rate
of one per cent. of the paid-up value for every year from the date of issue to
the date of acquisition, subject to a maximum of ten percent.
- After the acquisition of the shares as provided by sub-section (1), the Central Government shall transfer the shares to the
Development Bank on that bank paying an amount equal to the amount paid by the
Central Government for such acquisition.
- After the transfer of the shares by the Central Government to the
Development Bank under sub-section (2), the Central Government may direct by
notification in the Official Gazette that with effect from such date as may be
specified in the notification the entire undertaking of the Corporation,
including all business, property, assets and liabilities, rights (including the
right to recover loans and advances granted by the Corporation in accordance
with the provisions of this Act), interests, privileges and obligations of
whatever nature, shall stand transferred to and vest in the
Development Bank.
- For the purpose of giving effect to the transfer of the undertaking of the
Corporation to the Development Bank, the Central
Government shall, by ORDER in writing, frame a scheme providing for all matters
for which provision is necessary, and the scheme so framed shall be binding
upon the Corporation, its creditors and employees and the Development Bank and
shall have effect notwithstanding anything to the contrary contained in any law
for the time being in force or in any contract or other instrument.
- The provisions of this section
shall have effect notwithstanding anything contained in this Act or any other
law or any instrument having force by virtue of such Act or other law.
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