The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982
# THE STATE BANK OF SIKKIM (ACQUISITION OF SHARES) AND 
 MISCELLANEOUS PROVISIONS ACT, 1982

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 ARRANGEMENT OF SECTIONS
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CHAPTER I

PRELIMINARY

SECTIONS

1. Short title and commencement.
2. Definitions.

CHAPTER II

ACQUISITION AND TRANSFER OF CERTAIN SHARES OF SIKKIM BANK

3. Vesting in the Central Government of certain shares of Sikkim.

CHAPTER III

VESTING OF UNDERTAKINGS OF SIKKIM BANK IN THE CENTRAL GOVERNMENT

4. Vesting of undertaking of Sikkim Bank.
5. General effect of vesting.
6. Vesting of the shares and undertakings of Sikkim Bank in the State Government.
7. Power of State Government to direct vesting of the undertakings of Sikkim Bank the Sikkim

Co-operative bank.

CHAPTER IV

PAYMENT OF AMOUNTS

8. Payment of amounts.

CHAPTER V

MANAGEMENT, ETC., OF THE UNDERTAKINGS OF SIKK

9. Management, etc., of the undertakings of Sikkim Bank
10. Date of delivery, possession of property acquired and documents relating thereto.

CHAPTER VI

PROVISIONS RELATING TO THE EMPLOYEES OF THE SIKKIM BANK

11. Transfer of service of existing officers and employees of the Sikkim Bank to the

co-operative bank.

CHAPTER VII

MISCELLANEOUS

12. Act to have overriding effect.
13. Protection of action taken in good faith.
14. Penalties.
15. Offences by companies.
16. Delegation of powers.
17. Power of Central Government to make rules.
18. Power to remove difficulties.

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SECTIONS

19. References to Sikkim Bank in other laws.
20. Dissolution of Sikkim Bank.

THE SCHEDULE.


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# THE STATE BANK OF SIKKIM (ACQUISITION OF SHARES) AND 
 MISCELLANEOUS PROVISIONS ACT, 1982

 ACT NO. 62 OF 1982

[6th November, 1982.]

# An Act to provide, in the public interest, for the acquisition of certain shares of the State Bank of
 Sikkim for the purpose of better consolidation and extension of banking facilities in the State of Sikkim and for matters connected therewith or incidental thereto.

WHEREAS for the purpose of better consolidation and extension of banking facilities in the State of

Sikkim, it is expedient to provide for a single apex banking institution in that State, and for that purpose
to provide for the acquisition of certain shares of the State Bank of Sikkim and for matters connected
therewith or incidental thereto;

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

CHAPTER I

PRELIMINARY

**1. Short title and commencement.—(1) This Act may be called the State Bank of Sikkim**

(Acquisition of Shares) and Miscellaneous Provisions Act, 1982.

(2) It shall come into force on such date as the Central Government may, by notification in the

Official Gazette, appoint.

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

(a) “appointed day” means the date on which this Act comes into force;

(b) “co-operative bank” means the Sikkim State Co-operative Bank Limited, a society registered

under the Sikkim Co-operative Societies Act, 1978 (Sikkim Act No. 12 of 1978);

(c) “notification” means a notification published in the Official Gazette;

(d) “prescribed” means prescribed by rules made under this Act;

(e) “Sikkim Bank” means the State Bank of Sikkim constituted under the State Bank of Sikkim

Proclamation, 1968;

(f) “State Government” means the State Government of Sikkim;

(g) “United Commercial Bank” means the United Commercial Bank constituted under section 3

of the Banking Companies (Acquisition and Transfer of Undertakings)Act, 1970 (5 of 1970);

(h) words and expressions used herein and not defined but defined in the Companies Act, 1956

(1 of 1956), shall have the meanings respectively assigned to them in that Act.

CHAPTER II

ACQUISITION AND TRANSFER OF CERTAIN SHARES OF SIKKIM BANK

**3. Vesting in the Central Government of certain shares of Sikkim Bank.—(1) On the appointed**

day, all the shares in the share capital of the State Bank of Sikkim, other than the shares held by the State
Government, shall, by virtue of this Act, stand transferred to, and shall vest in, the Central Government.

(2) All the shares which have vested in the Central Government under sub-section (1) shall, by force

of such vesting, be freed and discharged of all trusts, liabilities, obligations, mortgages, charges, liens and
other encumbrances affecting them, and any attachment or injunction or any decree or order of any court,
tribunal or other authority restricting the use of such shares in any manner shall be deemed to have been
withdrawn.

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(3) Notwithstanding the transfer of the shares of the Sikkim Bank to the Central Government under

sub-section (1), any person holding such shares, who immediately before the appointed day is entitled to
payment of dividend on such shares, shall be entitled to receive from the co-operative bank—

(a) all dividends accruing due on his shares in respect of the half-year which ended before the

appointed day and remaining unpaid;

(b) dividends calculated at a rate to be specified by the Central Government in respect of any

period immediately preceding the appointed day for which the Sikkim Bank had not declared any
dividend.

CHAPTER III

VESTING OF UNDERTAKINGS OF SIKKIM BANK IN THE CENTRAL GOVERNMENT

**4. Vesting of undertaking of Sikkim Bank.—On the appointed day, the undertakings of the Sikkim**

Bank shall, by virtue of this Act, stand transferred to, and shall vest in, the Central Government.

**5. General effect of vesting.—(1) The undertakings of the Sikkim Bank shall be deemed to include**

all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash
balances, reserve funds, investments and all other rights and interests in, or arising out of, such property
as were immediately before the appointed day in the ownership, possession, power or control of the
Sikkim Bank in relation to its undertakings, and all books of account, registers, records and all other
documents of whatever nature relating thereto and shall also be deemed to include all borrowings,
liabilities and obligations of whatever kind then subsisting of the Sikkim Bank in relation to its
undertakings.

(2) Unless otherwise expressly provided in this Act, all contracts, deeds, bonds, agreements, powers

of attorney, grants of legal representation and other instruments of whatever nature subsisting or having
effect immediately before the appointed day and to which the Sikkim Bank is a party or which are in
favour of the said Bank shall be of as full force and effect against or in favour of the Central Government.

(3) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any

business of the undertakings which have been transferred under section 4 is pending by or against the
Sikkim Bank, the same shall not abate, be discontinued, or be in any way prejudicially affected by reason
of the transfer of the undertakings of the Sikkim Bank or of anything contained in this Act, but the suit,
appeal or other proceeding may be continued, prosecuted or enforced by or against the Central
Government.

**6. Vesting of the shares and undertakings of Sikkim Bank in the State Government.—(1)**

Notwithstanding anything contained in sections 3, 4 and 5, the Central Government shall, as soon as may
be, after the commencement of this Act, direct, by notification, that the shares of the Sikkim Bank which
have vested in the Central Government under section 3 and the undertakings of the Sikkim Bank which
have vested in the Central Government under section 4 shall, instead of continuing to vest in the Central
Government, vest in the State Government of Sikkim, on the date of the notification.

(2) Where the shares and the undertakings of the Sikkim Bank vest In the State Government under

sub-section (1), the State Government shall, on and from the date of such vesting, be deemed to have
become the owner in relation to such shares and undertakings and all the rights and liabilities of the
Central Government in relation to such shares and undertakings shall, on and from the date of such
vesting, be deemed to have become the rights and liabilities, respectively, of the State Government.

**7. Power of State Government to direct vesting of the undertakings of Sikkim Bank the Sikkim**

**Co-operative bank.—(1) Notwithstanding anything contained in sections 4, 5 and 6, the State**
Government may, if it is satisfied that the co-operative bank is willing to comply, or has complied, with
such terms and conditions as that Government may think fit to impose, including the terms and conditions
regarding allotment of its shares, direct, by notification, that the undertakings of the Sikkim Bank which
have vested in the Central Government under section 4 and thereafter in the State Government under
section 6, shall, instead of continuing to vest in the State Government, vest in the co-operative bank either

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on the date of the notification or on such earlier or later date (not being a date earlier than the appointed
day) as maybe specified in the notification.

(2) Where the undertakings of the Sikkim Bank vest in the co-operative bank under sub-section (1),

that bank shall, on and from the date of such vesting, be deemed to have become the owner in relation to
such undertakings, and all the rights and liabilities of the Central Government or the State Government in
relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the
rights and liabilities, respectively, of the co-operative bank.

CHAPTER IV

PAYMENT OF AMOUNTS

**8. Payment of amounts.—(1)For the transfer to, and vesting in, the Central Government, of the**

shares of the Sikkim Bank under section 3, there shall be given by the Central Government to the holders
of such shares in cash and in the manner specified in the Schedule, an amount of rupees eight lakhs
twelve thousand two hundred and ninety-five.

(2)The amount specified in sub-section (1) shall carry simple interest at the rate of five and a half per

cent. per annum for the period commencing on the appointed day and ending on the date on which
payment of such amount is made to the shareholders.

CHAPTER V

MANAGEMENT, ETC., OF THE UNDERTAKINGS OF SIKKIM BANK

**9. Management, etc., of the undertakings of Sikkim Bank.—(1) The State Government in which**

the undertakings of the Sikkim Bank have vested under section 6 shall be entitled to exercise all such
powers and do all such things as the Sikkim Bank is authorised to exercise and do in relation to its
undertakings.

(2) The general superintendence, direction, control and management of the affairs and business of the

undertakings of the Sikkim Bank which have vested under section 4 in the Central Government and under
section 6in the State Government shall, where a direction has been made by the State Government under
sub-section (1) of section 7, vest in the co-operative bank specified in such direction, and, thereupon, the
co-operative bank shall be entitled to exercise all such powers and do all such things as the Sikkim Bank
is authorised to exercise and do in relation to its undertakings.

**10. Date of delivery, possession of property acquired and documents relating thereto.—(1) On**

the vesting of the undertakings of the Sikkim Bank in the State Government under section 6, every person
in whose possession or custody or under whose control any property referred to in sub-section (1) of
section 5 may be, shall deliver the property to the State Government forthwith.

(2) Any person, who, on the appointed day, has in his possession or under his control any books,

documents or other papers relating to the undertakings of the Sikkim Bank which have vested in the State
Government under section 6 and which belong to that Bank, or would have so belonged if the
undertakings of the Sikkim Bank had not vested in the State Government, shall be liable to account for
the said books, documents or other papers to the State Government and shall deliver them up to the State
Government.

(3) The State Government may take, or cause to be taken, all necessary steps for securing possession

of all properties which have vested in that Government under this Act.

CHAPTER VI

PROVISIONS RELATING TO THE EMPLOYEES OF THE SIKKIM BANK

**11. Transfer of service of existing officers and employees of the Sikkim Bank to the co-operative**

**bank.—(1) Every officer or other employee of the Sikkim Bank (excepting the Managing Director**
thereof) in the employment of the Sikkim Bank immediately before the appointed day shall become,—

(a) an officer or other employee of the State Government on any from the appointed day, and

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(b) where the undertakings of the Sikkim Bank are directed, under sub-section (1) of section 7, to

vest in the co-operative bank, an officer or other employee of the co-operative bank on and from the
date of such vesting,

and shall hold his office or service under the State Government or the co-operative bank, as the case may
be, 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 State Government or the co-operative bank, as the case may be, is duly terminated
or until his remuneration and other conditions of service are duly altered by the State Government, or by
the co-operative bank, as the case may be.

(2) Any person who, on the appointed day, is entitled to, or is intercept of, a pension or other

superannuation or compassionate allowance or benefit from the Sikkim Bank or any provident fund,
pension or other fund or any authority administering such fund shall be entitled to be paid by, and to
receive from, the co-operative bank or any provident fund, pension or other fund or any authority
administering such fund, the same pension, allowance or benefit so long as he observes the conditions on
which the pension, allowance or benefit was granted, and if any question arises as to whether he has so
observed such conditions, the question shall be determined by the State Government.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no appointment made or

promotion, increment in salary, pension allowance or any other benefit granted to any person after the
16th day of November, 1976, and before the appointed day which would not ordinarily have been made
or granted or which would not ordinarily have been admissible under the rules or authorisations of the
Sikkim Bank or of any provident fund or other fund in force prior to the 16th day of November, 1976,
shall have effect or be payable or claimable from the co-operative bank or from any provident fund,
pension or other fund or from any authority administering the fund, unless the State Government has, by
general or special order, confirmed the appointment, promotion or increment, or has directed the
continued grant of the pension, allowance or other benefit, as the case may be.

(4) 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 of the
Sikkim Bank to the State Government or the co-operative bank shall not entitle such officer or other
employee to any compensation under that 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.

(5) Any person holding office as Managing Director of the Sikkim Bank immediately before the

appointed day shall be deemed to have vacated his office as such on the appointed day and,
notwithstanding anything contained in this Act or in any other law for the time being in force or in any
agreement or contract, he shall not be entitled to any amount from the Sikkim Bank, State Government, or
the co-operative bank for the loss of office or for the premature termination of any agreement or contact
relating to his employment, except such pension, amount or other benefit which the co-operative bank
may grant to him, having regard to what that person would have received as an officer of the Sikkim Bank
if this Act had not been passed and if he had retired from his employment in the ordinary course.

(6) Where the Managing Director of the Sikkim Bank has, after the 16th day of November, 1976 and

before the appointed day, been paid any sum by way of compensation or gratuity, the co-operative bank
shall be entitled to claim refund of any sum so paid if the payment is not confirmed by the State
Government by general or special order.

CHAPTER VII

MISCELLANEOUS

**12. Act to have overriding effect.—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 effect by virtue of any law, other than this Act, or in any decree or order of any court, tribunal or
other authority.

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**13. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding**

shall lie against the Central Government or any officer of that Government or the State Government, or
the co-operative bank or any officer of the State Government or the co-operative bank or other person
authorised by the Central Government or the State Government or the co-operative bank, for anything
which is in good faith done or intended to be done under this Act.

(2) No suit or other legal proceeding shall lie against the Central Government or any officer or other

employee of that Government or the State Government or the co-operative bank or any officer or other
employee of the State Government or of the co-operative bank or other person authorised by the State
Government or the co-operative bank, for any damage caused or likely to be caused by anything which is
in good faith done or intended to be done under this Act.

**14. Penalties.—Any person who,—**

(a) having in his possession, custody or control any property forming part of the undertakings of

the Sikkim Bank, wrongfully withholds such property from the Central Government, or the State
Government or the co-operative bank; or

(b) wrongfully obtains possession of, or retains, any property forming part of any undertaking of

the Sikkim Bank or wilfully withholds or fails to furnish to the Central Government or the State
Government or the co-operative bank, or any person or body of persons specified by that Government
or the State Government or the co-operative bank, any document relating to such undertaking which
may be in his possession, custody or control or fails to deliver to the Central Government, or the State
Government or the co-operative bank or any person or body of persons specified by the Central
Government or the State Government or the co-operative bank, any assets, books of account, registers
or other documents in his possession, custody or control, relating to the undertakings of the Sikkim
Bank; or

(c) wrongfully removes or destroys any property forming part of any undertaking of the Sikkim

Bank or prefers any claim under this Act which he knows or has reasonable cause to believe to be
false or grossly inaccurate,

shall be punishable with imprisonment for a term which may extend to two years, or with fine which may
extend to ten thousand rupees, or with both.

**15. Offences by companies.—(1) Where an offence under this Act has been committed by a**

company, every person who at the time 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 against any 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 sub-section (1), 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 guilty of
that offence and shall be liable to be proceeded against and punished accordingly.

_Explanation.—For the purposes of this section,—_

(a) “company” means anybody corporate and includes a firm or other association of individuals;

and

(b) “director”, in relation to a firm, means a partner in the firm.

**16. Delegation of powers.—(1) The Central Government may, by notification, direct that all or any**

of the powers exercisable by it under this Act, other than the powers conferred by sections 17 and 18, may
also be exercised by such person or persons as may be specified in the notification.

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(2) Whenever any delegation of power is made under sub-section (1), the person to whom such power

has been delegated shall act under the direction, control and supervision of the Central Government.

**17. Power of Central Government to make rules.—(1) The Central Government may, by**

notification, make rules for carrying out the provisions of this Act.

(2) Every rule made by the Central Government 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 from 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.

**18. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this**

Act, the Central 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.

**19. References to Sikkim Bank in other laws.—On and from the appointed day, any reference to**

Sikkim Bank in any law (other than this Act or the State Bank of Sikkim Proclamation, 1968)or in any
contract or other instrument shall, except as otherwise provided in any general or special order made by
the Central Government, be deemed to be a reference to the co-operative bank.

**20. Dissolution of Sikkim Bank.—On the date of the issue of notification under sub-section (1) of**

section 6, the Sikkim Bank shall stand dissolved, and the State Bank of Sikkim Proclamation, 1968, shall
stand repealed; and the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply
to such repeal as if the said Proclamation were a Central Act.

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THE SCHEDULE

[See section 8(1)]

MANNER OF PAYMENT OF AMOUNT FOR THE TRASNFER OF SHARES OF THE STATE BANK OF SIKKIM TO

THE CENTRAL GOVERNMENT

1. In this Schedule, “shareholder” means any person who, immediately before the appointed day, is

registered as the holder of a share in the Sikkim Bank, other than the State Government of Sikkim.

2. For every share in the share capital of the Sikkim Bank which, by reason of this Act, is transferred

to and vested in the Central Government, the Central Government shall pay to every holder thereof in the
manner specified in paragraph 3 of this Schedule an amount calculated at the rate of rupees fifty-five per
share.

3. Every person who is registered as the holder of a share in the Sikkim Bank on the appointed day

and whose shares have been acquired under the provisions of this Act shall, for every such share so held
by him, be paid an amount calculated at the rate specified in paragraph 2 by cheque drawn on the Reserve
Bank of India.

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