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OIL AND NATURAL GAS COMMISSION (TRANSFER OF UNDERTAKING AND REPEAL) ACT 1993

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OIL AND NATURAL GAS COMMISSION (TRANSFER OF UNDERTAKING AND REPEAL) ACT 1993

THE OIL AND NATURAL GAS COMMISSION (TRANSFER OF UNDERTAKING AND REPEAL) Act,1993 NO. 65 OF 1993 [4th S An Act to provide for the transfer and vesting of the underta- king of the Oil and Natural Gas Commission to and in the Oil and Natu- ral Gas Corporation Limited, a company incorporated under the Companies , Act, 1956, and for matters connected therewith or incidental thereto and also to repeal the Oil and Natural Gas Commission Act, 1959. BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:-

1. Short title and commencement. (1) This Act may be called the Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993.

(2) It shall be deemed to have come into force on the 2nd day of July, 1993.

2. Definitions. In this Act, unless the context otherwise requires,- (a) "appointed day" means such date1* as the Central Govern- ment may, by notification in the Official Gazette, appoint under section 3; (b) "Corporation" means the Oil and Natural Gas Corporation Limited, a company registered under the Companies Act, 1956 (1 of 1956); (c) "Commission" means the Oil and Natural Gas Commission

established under sub-section (1) of section 3 of the Oil and Natural Gas Commission Act, 1959 (43 of 1959); 2 (d) "prescribed" means prescribed by rules made under this Act.

3. Undertaking of Commission to vest in Corporation. On such date as the Central Government may, by notification in the Official Gazette, appoint, the undertaking of the Commission shall stand transferred to, and vest in, the Corporation.

4. General effect of vesting of undertaking in Corporation.

(1) On and from the appointed day, the entire capital of the Commission shall, by virtue of this Act, stand vested in the Corporation.

(2) The undertaking of the Commission which is transferred to, and which vests in, the Coporation under section 3 shall be deemed to include all assets, rights, powers, authorities and privileges and all properties, movable and immovable, real and personal, corporeal or incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, works, workshops, vehicles, oil rigs, oil platforms, cash balances, deposits, foreign currencies, reserves, reserve funds or any other investments, securities, tenancies, leases and book debts and all other rights and interests arising out of such properties as were immediately before the appointed day in the ownership, possession or power of the Commission in relation to its undertaking, whether within or outside India, all books of account and registers, records and documents relating thereto and shall also be deemed to include all liabilities and obligations of whatever kind, within or outside India, of the Commission in relation to its undertaking subsisting immediately before the appointed day.

(3) All contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working arrangements subsisting immediately before the appointed day and affecting the Commission shall cease to have effect or to be enforceable against the Commission and shall be of as full force and effect against or in favour of the Corporation and enforceable as fully and effectually as if, instead of the Commission the Corporation had been named therein or had been a party thereto.

(4) Any proceeding or cause of action pending or existing immediately before the appointed day by or against the Commission in relation to its undertaking may, as from the appointed day, be continued and enforced by, or against the Corporation as it might have been enforced by or against the Commission, if this Act had not been in force, and shall cease to be enforceable by or against the Commission.

5. Licences, etc., to be deemed to have been granted to Corporation. With effect from the appointed day, all licences, leases, concessions, permits, quotas, benefits, privileges and exemptions granted to the Commission in connection with the affairs of the Commission under any law for the time being in force, shall be deemed to have been granted to the Corporation.

6. Tax exemption or benefit to continue to have effect. (1) Where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to the Com- mission under the Income-tax Act, 1961 (43 of 1961), such exemption, assessment or benefit shall continue to have effect, in relation to the Corporation. 1. 1.2.1994: Vide Notification No. G.S.R. 44 (E), dt. 28.1.1994. 3

(2) Where any payment made by the Commission is exempt from deduction of the tax at source under any provision of the Income-tax Act, 1961 (43 of 1961), the exemption from tax will continue to be available as if the provisions of the said Act made applicable to the Commission were operative in relation to the Corporation.

(3) The transfer and vesting of the undertaking or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the Income-Lax Act, 1961 (43 of 1961), for the purpose of capital gains.

7. Guarantee to be operative. Any guarantee given for or in favour of the Commission with respect to any loan or lease finance or other assistance shall continue to be operative in relation to the Corporation.

8. Provisions in respect of officers and other employees of

Commission. (1) Every officer or other employee of the Commission (except a member or the chairman) serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the Corporation by virtue of this Act, become, as from the appointed day, an officer or, as the case may be, other employee of the Corporation and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under the Commission if its undertaking had not vested in the Corporation and shall continue to do so as an officer or other employee of the Corporation or until the expiry of a period of one year from the appointed day if such _officer or other employee opts not to be the officer or other, employee of the Corporation within such period.

(2) Where an officer or other employee of the Commission opts

under sub-section (1) not to be in the employment or service of the Corporation such officer or other employee shall be deemed to have resigned.

(3) 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 service of any officer or other employee of the Commission to the Corporation 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.

(4) The officers and other employees who have retired before the appointed day from the service of the Commission and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the Corporation.

(5) The trusts of the provident fund, gratuity fund or the superannuation scheme of the Commission and any other bodies created for the welfare of officers or other employees shall continue to discharge their functions in the Corporation as was being done hitherto in the Commission and any tax exemptions granted to the provident fund, gratuity fund and the superannuation scheme or any other bodies created for the welfare of officers or other employees shall continue to be applied to the Corporation.

(6) Notwithstanding anything contained in this Act or in the Companies Act, 1956 (1 of 1956) or in any other law for the time being in force or in the 4 regulations of the Commission, no member or chairman of the Commis- sion shall be entitled to any compensation against the Commission or the Corporation for the loss of office or for the premature termination of any contract of management entered into by him with the Commission.

9. Power of entry. (1) For the purposes of ascertaining the availability of any oil or natural gas, the Central Government may, on the request being made by the Corporation, authorise any officer or employee of the Corporation, 'by general or special order,-- (a) to enter and inspect any land; (b) to survey and take measurements of such land; (c) to dig holes or perform any other functions for the purposes of measuring or prospecting for the availability of oil and natural gas; and (d) to examine any document, book, register or record in the possession or power of any person having the control of or connected with any such land and place marks of identification thereon and take extracts from and make copies of any such document, book, register or record.

(2) Every person authorised by the Central Government under sub-

section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

(3) The Corporation shall be liable to pay compensation for any loss or damage caused to the land caused by its officers or employees

in performing the functions under sub-section (1) in such manner as may be prescribed to the occupier of the land.

(4) The amount of compensation payable under sub-section (3) shall be determined by the competent authority appointed by the Central Government in the manner prescribed.

10. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, 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 the amount, and the manner of paying compensation for any loss or damage caused to the land by the officers and employees of the Corporation under sub-

sections (3) and (4) of section 9.

(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.

11. Repeal of Act 48 of 1959. (1) On the appointed day, the Oil and Natural Gas Commission Act, 1959 shall stand repealed. 5

(2) Notwithstanding such repeal, the Corporation shall, so far as may be, comply with the provisions of sections 22 and 23 of the said Act so repealed for any of the purposes related to the annual accounts of the Commission.

12. Repeal and saving. (1) The Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Ordinance, 1993 (Ord. 28 of 1993) is hereby repealed.

(2) Notwithstanding the repeal of the Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Ordinance, 1993 (Ord. 28 of 1993) anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provision of this Act.

1. Short title and commencement. (1) This Act may be called the Public Records Act, 1993.

(2) It shall come into force on such date1* as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions. In this Act, unless the context otherwise requires,- (a) "Board" means the Archival Advisory Board constituted under

sub-section (1) of section 13; --------------------------------------------------------------------- * 1-3-1995 : Vide Notification No. S.O. 128 (E), dated 1-3-1995. --------------------------------------------------------------------- 2 (b) "Director General" means the Director General of Archives appointed by the Central Government and includes any officer authorised by that Government to perform the duties of the Director General; (c) "head of the Archives" means a person holding the charge of the Archives of the Union territory Administration; (d) "prescribed" means prescribed by rules made under this Act; (e) "public records" includes- (i) any document, manuscript and file; (ii) any microfilm, microfiche and facsimile copy of a document; (iii) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (iv) any other material produced by a computer or by any other device, of any records creating agency; ---------------------------------------------------------------------- 1. 1-3-1995, Vide Notifn. No. S.O. 128E, dated 1-3-1995. (f) records creating agency includes,- (i) in relation to the Central Government, any ministry, department or office of that Government; (ii) in relation to any statutory body or corporation wholly or substantially controlled or financed by the Central Government, or commission or any committee constituted by that Government, the offices of the said body, corporation, commission or committee; (iii) in relation to a Union territory Administration, any department or office of that Administration; (iv) in relation to any statutory body or corporation wholly or substantially controlled or financed by Union territory Administration or commission or any committee constituted by that Administration, the offices of the said body, corporation, commission or committee; (g) "records officer" means the officer nominated by the

records creating agency under sub-section (1) of section 5.

superviseoperations connected with administration, management, etc., of publicrecords. 3. Power of the Central Government to coordinate, regulate and supervise operations connected with administration, management, etc.,

of public records. (1) The Central Government shall have the power to coordinate, regulate and supervise the operations connected with the administration, management, preservation, selection, disposal and retirement of public records under this Act.

(2) The Central Government in relation to the public records of the records creating agencies specified in sub-clauses (i) and (ii) of clause (f) of section 2 and the Union territory Administration in relation to the public records of the records creating agencies specified in sub-clauses (iii) and (iv) of the said clause, may, by order, authorise the Director General or the head of the Archives, as the case may be, subject to such conditions as may be specified in the o[[rder, to carry out all or any of the following functions, namely:- (a) supervision, management and control of the Archives; (b) acceptance for deposit of public records of permanent nature after such period as may be prescribed; 3 (c) custody, use and withdrawal of public records: (d) arrangement, preservation and exhibition of public records; (e) preparation of inventories, indices, catalogues and other reference media of public records; [[[ (f) analysing, developing, promoting and coordinating the standards, procedures and the techniques for improvement of the records management system; (g) ensuring the maintenance, arrangement and security of public records in the SArchives and in the offices of the records creating agency; (h) promoting utilisation of available space and maintenance equipments for preserving public records; (i) tendering advice to records creating agencies on the compilation, classification and disposal of records and application of standards, procedures and techniques of records management; (j) survey and inspection of public records; (k) organising training programmes in various disciplines of Archives administration and records management; [ (l) accepting records from any private source; (m) regulating access to public records; (n) receiving records from defunct bodies and making arrangement for securing public records in the event of national emergency; (o) receiving reports on records management and disposal practices from the records officer; (p) providing authenticated copies of, or extracts from, public records; (q) destroying or disposal of public records; (r) obtaining on lease or purchasing or accepting as gift any document of historical or national importance.

4. Prohibition against taking of public records out of India. No person shall take or cause to be taken out of India any public re- cords without the prior approval of the Central Government: Provided that no such prior approval shall be required if any public records are taken or sent out of India for any official purpose.

5. Records officer. (1) Every records creating agency shall nominate one of its records officer to discharge the functions under this Act.

(2) Every records creating agency may set up such number of record rooms in such places as it deems fit and shall place each record room under the charge of a records officer.

6. Responsibilities of records officer. (1) The records officer shall be responsible for- (a) proper arrangement, maintenance and preservation of public records under his charge; 4 (b) periodical review of all public records and weeding out public records of euphemeral value; (c) appraisal of public records which are more than twenty- five years old in consultation with the National Archives of India or, as the case may be, the Archives of the Union territory with a view to retaining public records of permanent value; (d) destruction of public records in such manner and subject to such conditions as may be prescribed under sub-

section (1) of section 8; (e) compilation of a schedule of retention for public records in consultation with the National Archive of India or, as the case may be, the Archives of the Union territory; (f) periodical review for downgrading of classified public records in such manner as may be prescribed; (g) adoption of such standards, procedures and techniques as may be recommended from time to time by the National Archives of India for improvement of record management system and maintenance of security of public records; (h) compilation of annual indices of public records; (i) compilation of organisational history and annual supplement thereto; (j) assisting the National Archives of India or, as the case may be, the Archives of the Union territory for public records management; (k) submission of annual report to the Director General or, as the case may be, head of the Archives in such manner as may be prescribed; (l) transferring of records of any defunct body to the National Archives of India or the Archives of the Union territory, as the case may be, for preservation.

(2) The records officer shall act under the direction of the Director General or, as the case may be, head of the Archives while

discharging the responsibilities specified in sub-section (1);

ofunauthorised removal, destruction, etc., of public records in hiscustody. 7. Records officer to take appropriate action in the event of unauthorised removal, destruction, etc., of public records in his

custody. (1) The records officer shall, in the event of any unauthorised removal, destruction, defacement or alteration of any public records under his charge, forthwith take appropriate action for the recovery or restoration of such public records.

(2) The records officer shall submit a report in writing to the Director General or as the case may be, the head of the Archives without any delay on any information about any unauthorised removal, destruction, defacement or alteration of any public records under his charge and about the action initiated by him and shall taken action as he may deem necessary subject to the directions, if any, given by the Director General or, as the case may be, head of the Archives.

(3) The records officer may seek assistance from any government officer or any other person for the purpose of recovery or restoration of public records and such officer or person shall render all assistance to the records officers. 5

8. Destruction or disposal of public records. (1) Save as otherwise provided in any law for the time being in force no public record shall be destroyed or otherwise disposed of except in such manner and subject to such conditions as may be prescribed.

(2) No record created before the year 1892 shall be destroyed, except where, in the opinion of the Director General or, as the case may be, the head of the Archives, it is so defaced or is in such con- dition that it cannot be put to any archival use.

9. Penalty for contraventions. Whoever contravenes any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both.

10. Public records bearing security classification. No public records bearing security classification shall be transferred to the National Archives of India or the Archives of the Union territory.

11. Receipt of records from private sources. (1) The National Archives of India or the Archives of the Union territory may accept any record of historical or national importance from any private source by way of gift, purchase or otherwise.

(2) The National Archives of India or, as the case may be, the Archives of any Union territory may, in such manner and subject to such conditions as may be prescribed, make any record referred to in

sub-section (1) available to any bona fide research scholar.

12.Access to public records. (1) All unclassified public record, as are more than thirty years old and are transferred to the National Archives of India or the Archives of the Union territory may be subject to such exceptions and restrictions as may be prescribed made available to any bona fide research scholar. Explanation.-- For the purposes of this such section, the period of thirty years shall be reckoned from the year of the opening of the public record.

(2) Any records creating agency may grant to any person access to any public record in its custody in such manner and subject to such conditions as may be prescribed.

13. Archival Advisory Board. (1) The Central Government may, by notification in the Official Gazette, constitute an Archival Advisory Board for the purposes of this Act.

(2) The Board shall consist of the following members, namely:- (a) Secretary to the Government of India in the Ministry of Central Government dealing with culture (Chairman, ex officio;) (b) one officer not below the rank of Joint Secretary to the Government of India each from the Cabinet Secretariat, Ministry of Home Affairs, Ministry of Defence, Ministry of External Affairs, Ministry of Finance and Ministry of Personnel, Public Grievances and Pension (Members, ex officio;) (c) two representatives not below the rank of Joint Secretary in the Union territory Administrations to be nominated by the Central Government (Members); (d) three persons to be nominated by the Central Government for a period not exceeding three years, one being an Archivist and two being Professors in the Post-graduate Department of History in any recognised University. (Members) (e) Director General (Member-Secretary, ex officio). 6

(3) The members nominated under clause (d) of sub-section (2) shall be paid such allowances as may be prescribed.

14. Functions of the Board. The Board shall perform the following functions, namely:- (a) advise the Central Government and Union territory Administrations on matters concerning the administration, management, conservation and use of public records; (b) lay down guidelines for training of Archivists; (c) give directions for acquisition of records from private custody; (d) deal with such other matters as may be prescribed.

in archival science. 15. Power of the Director General to lay down norms and standards for courses in archival science. The Director General shall have the power to lay down norms and standards for courses curricula, assessment and examinations relating to the training in archival science and other ancillary subjects.

16. Protection of action taken in good faith. No Suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

17. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules to carry 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 period after which public records of permanent

nature may be accepted under clause (b) of sub-section (2) of section 3; (b) the manner in which and the conditions subject to which public records can be destroyed under clause (d) of sub-

section (1) of section 6; (c) the manner in which periodical review of classified public records for downgrading shall be undertaken under

clause (f) of sub-section (1) of section 6; (d) the manner in which the records officer will report to the Director General or the head of the Archives under clause

(k) of sub-section (1) of section 6; (e) the manner in which and the conditions subject to which public records may be destroyed or disposed of under sub-

section (1) of section 8; (f) the manner in which and the conditions subject to which records of historical or national importance may be made

available to research scholar under sub-section (2) of section 11; 7 (g) exceptions and restrictions subject to which public records may be made available to a research scholar under

sub-section (1) of section 12; (h) the manner in which and the conditions subject to which any records creating agency may grant to any person access to

public records in its custody under sub-section (2) of section 12; (i) the allowances payable to members of the Board under

sub-section (3) of section 13; (j) the matters with respect to which the Board may perform its functions under clause (d) of section 14; (k) any other matter which is required to be, or may be, prescribed.

18. Laying of rules before Parliament. 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 pre- viously done under that rule.


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