The Sick Industrial Companies (Special Provisions) Repeal Act, 2003
# THE SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) REPEAL ACT, 2003

 _________

 ARRANGEMENT OF SECTIONS

 ___________

SECTIONS

1. Short title and commencement.
2. Definitions.
3. Repeal of Act 1 of 1986 and dissolution of Appellate Authority and Board.
4. Consequential provisions.
5. Saving.
6. Power to make rules.


-----

# THE SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) REPEAL ACT, 2003

 ACT NO. 1 OF 2004

[1st January, 2004.]

# An Act to repeal the Sick Industrial Companies (Special Provisions) Act, 1985.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:—

**1. Short title and commencement.—(1) This Act may be called the Sick Industrial Companies**
(Special Provisions) Repeal Act, 2003.

(2) It shall come into force on such date[1] as the Central Government may, by notification in the
Official Gazette, appoint.

**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “Appellate Authority'' means the Appellate Authority for Industrial and Financial
Reconstruction constituted under section 5 of the Sick Industrial Companies (Special Provisions) Act,
1985 (1 of 1986);

(b) “Board'' means the Board for Industrial and Financial Reconstruction established under
section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986);

(c) words and expressions used herein and not defined but defined in the Sick Industrial
Companies (Special Provisions) Act, 1985 (1 of1986), shall have the meanings respectively assigned
to them in that Act.

**3. Repeal of Act 1 of 1986 and dissolution of Appellate Authority and Board.—The Sick**
Industrial Companies (Special Provisions) Act, 1985(hereinafter referred to as the repealed enactment) is
hereby repealed and the Appellate Authority and the Board stand dissolved.

**4. Consequential provisions.—On the dissolution of the Appellate Authority and the Board,—**

(a) (i) the persons appointed as Chairman and Member of the Appellate Authority or the Board;
and

(ii) every other person appointed by the Central Government, Appellate Authority or the Board,

and holding office as such immediately before the commencement of this Act, shall vacate his office and
no such Chairman, Member or other person shall be entitled to claim any compensation for premature
termination of the term of his office or of any contract of service:

Provided that every officer or employee who has been, immediately before the dissolution of the
Appellate Authority or the Board, appointed on deputation basis to the Appellate Authority or the Board,
shall stand reverted to his parent cadre, Ministry or Department, as the case may be:

Provided further that every officer or employee who has been, immediately before the dissolution of
the Appellate Authority or the Board, employed on regular basis by the Appellate Authority or the Board,
shall become, on and from the date of such dissolution, the officer and employee, respectively, of the
Central Government with the same rights and privileges as to pension, gratuity and other like matters as
would have been admissible to him if the rights in relation to such Appellate Authority or the Board had
not been transferred to, and vested in, the Central Government and shall continue to do so unless and until
his employment in the Central Government is duly terminated or until his remuneration, terms and
conditions of employment are duly altered by that Government:

Provided also that notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 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 Appellate Authority or the Board, to the Central Government, shall not entitle
such officer or 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:

1. 25th November, 2016, vide notification No. S.O. 3568(E), dated by 1st December, 2016, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).


-----

Provided also that where the Appellate Authority or the Board has established a provident fund,
superannuation, welfare or other fund for the benefit of the officers and employees employed in the
Appellate Authority or the Board, the monies relatable to the officers and employees whose services have
been transferred by or under this Act to the Central Government shall, out of the monies standing, on the
dissolution of the Appellate Authority or the Board, to the credit of such provident fund, superannuation,
welfare or other fund, stand transferred to, and vest in, the Central Government and such monies which
stand so transferred shall be dealt with by that Government in such manner as may be prescribed;

1[(b) On such date as may be notified by the Central Government in this behalf, any appeal preferred
to the Appellate Authority or any reference made or inquiry pending to or before the Board or any
proceeding of whatever nature pending before the Appellate Authority or the Board under the Sick
Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) shall stand abated:

Provided that a company in respect of which such appeal or reference or inquiry stands abated under
this clause may make reference to the National Company Law Tribunal under the Insolvency and
Bankruptcy Code, 2016 within one hundred and eighty days from the commencement of the Insolvency
and Bankruptcy Code, 2016 in accordance with the provisions of the Insolvency and Bankruptcy Code,
2016:

Provided further that no fees shall be payable for making such reference under Insolvency and
Bankruptcy Code, 2016 by a company whose appeal or reference or inquiry stands abated under this
clause.]

2[Provided also that any scheme sanctioned under sub-section (4) or any scheme under
implementation under sub-section (12) of section 18 of the Sick Industrial Companies (Special
Provisions) Act, 1985 shall be deemed to be an approved resolution plan under sub-section (1) of section
31 of the Insolvency and Bankruptcy Code, 2016 and the same shall be dealt with, in accordance with the
provisions of Part II of the said Code:

Provided also that in case, the statutory period within which an appeal was allowed under the Sick
Industrial Companies (Special Provisions) Act, 1985 against an order of the Board had not expired as on
the date of notification of this Act, an appeal against any such deemed approved resolution plan may be
preferred by any person before National Company Law Appellate Tribunal within ninety days from the
date of publication of this order.]

(c) the balance of all monies (including any fee) received by, or advanced to the Appellate
Authority or the Board, as the case may be, and not spent by it before the commencement of this Act
shall, on the commencement of this Act, stand transferred to, and vest in, the Central Government and
shall be utilised for the purposes of clauses (e) and (f);

(d) all property of whatever kind owned by, or vested in, the Appellate Authority or the Board, as
the case may be, and not spent by it before the commencement of this Act shall, on the
commencement of this Act, stand transferred to, and shall vest in the Central Government;

(e) all liabilities and obligations of whatever kind incurred by the Appellate Authority or the
Board and subsisting immediately before the commencement of this Act shall, on and from the
commencement of this Act, be deemed to be the liabilities or obligations, as the case maybe, of the
Central Government; and any proceeding or cause of action, pending or existing immediately before
the commencement of this Act by or against the Appellate Authority or the Board in relation to such
liability or obligation may, as from the commencement of this Act, be continued or enforced by or
against the Central Government;

(f) all monies vested in the Central Government under clause (c) shall, after deducting the amount
incurred for discharging the liabilities and obligations referred to in that clause, be refunded by the
Central Government to the person to whom such amount is due.

**5. Saving.—(1) The repeal by this Act of the repealed enactment shall not—**

1. Subs. by Act 31 of 2016, s. 252 and the Eighth Schedule, for sub-clause (b) (w.e.f. 1-11-2016).
2. Ins. by _vide the Insolvency and Bankruptcy Code (Removal of Difficulties) Order, 2017_ _vide Notification No. SO1683(E)_
dated 24-05-2017.


-----

(a) affect any other enactment in which the repealed enactment has been applied, incorporated or
referred to;

(b) affect the previous operation of the repealed enactment or anything duly done or suffered
there under;

(c) affect any right, privilege, obligation or liability acquired, accrued, or incurred under the
repealed enactment;

(d) affect any order made by the Board for sanction of the schemes;

(e) affect the validity, invalidity, effect or consequences of anything already done or suffered, or
any right, title, obligation or liability already acquired, accrued or incurred or any remedy or
proceeding in respect thereof or any release or discharge of or from any debt, penalty, obligation,
liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

(f) affect any penalty, forfeiture or punishment incurred in respect of any offence committed
against the repealed enactment, affect any investigation, legal proceedings or remedy in respect of
any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any
such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such
privilege, forfeiture or punishment may be imposed as if this Act had not been passed;

(g) affect any principle or rule of law, or established jurisdiction, form or course of pleading,
practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or
appointment, notwithstanding that the same respectively may have been in any manner affirmed or
recognised or derived by, in, or from, the repealed enactment;

(h) revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction,
exemption, usage, practice, procedure or other matter or thing not now existing or in force.

(2) Save as otherwise provided in section 4 and in sub-section (1) of this section, the mention of
particular matters in the said section and sub-section shall not be held to prejudice or affect the general
application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal.

**6. Power to make rules.—(1) The Central Government may, by notification, make rules for carrying**
out the provisions of 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 which the monies standing to the credit of provident fund, superannuation,
welfare or other fund of officers and employees on their transfer to the Central Government, shall be
dealt with by that Government under the fourth proviso to clause (a) of section 4;

(b) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be made, by rules.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule 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.

___________


-----

