Section 4 in Gurugram Metropolitan Development Authority (Haryana State Industrial and Infrastructure Development Corporation Properties, interests in Properties, Rights and Liabilities) transfer scheme, 2018
4. Effects of transfer.
(1)On and from the effective date and subject to the terms and conditions specified in the Act and this transfer scheme, the assets and liabilities, proceedings and records, whether physical or digital, of the Haryana State Industrial and Infrastructure Development Corporation that form part of Schedules A and B shall stand transferred to and vest in Authority absolutely for all intents and purposes, without any further act or thing to be done by the State Government or the Haryana State Industrial and Infrastructure Development Corporation or any person.(2)Upon such transfer, Authority shall, from the effective date, discharge all functions, duties, responsibilities and liabilities with respect to or arising from the transferred properties or the operations and maintenance thereof.(3)Upon such transfer and with effect from the effective date, the loans, subventions and obligations of Haryana State Industrial and Infrastructure Development Corporation shall stand extinguished and cancelled, which shall be in full and final settlement of all claims of Haryana State Industrial and Infrastructure Development Corporation except as set out in this transfer scheme or any other notification as may be issued by the State Government.(4)On such transfer and vesting of the functions provided hereinabove and except as otherwise provided, Authority shall be responsible for all functions, contracts, rights, deeds, schemes, bonds, agreements, arrangements, proceedings and other instruments of whatever nature relating to the properties transferred to it to which the Haryana State Industrial and Infrastructure Development Corporation was a party, subsisting or having effect on the effective date, and in the same manner as the Haryana State Industrial and Infrastructure Development Corporation was liable immediately before the effective date, and the same shall remain in force and effect against or in favour of Authority and may be enforced effectively as if Authority had been a party thereto instead of the Haryana State Industrial and Infrastructure Development Corporation.(5)Nothing in the clause above shall apply to rights, responsibilities, liabilities and obligations in respect of the employees and other personnel of the Haryana State Industrial and Infrastructure Development Corporation and matters relating to employees and other personnel of the Haryana State Industrial and Infrastructure Development Corporation, including statutory dues such as salary, wages, gratuity, pension, provident fund, leave encashment/medical benefits, compensation and retirement benefits.(6)As consideration for the transfer and vesting as specified in this transfer scheme, the State Government shall, by order, notify the balance sheet and financials deemed to have been transferred from the Haryana State Industrial and Infrastructure Development Corporation to Authority.(7)The State Government may, by an order to be issued for the purpose, amend, vary, modify, add, delete or otherwise change the terms and conditions specified in the Schedules at any time during the provisional period mentioned in clause 7 of this transfer scheme.(8)The rights in the properties or interests in properties transferred to Authority shall be subject to the restrictions and limitations specified in this transfer scheme or in the applicable Schedule.(9)Notwithstanding anything contained in the transfer scheme, the Haryana State Industrial and Infrastructure Development Corporation shall provide right of way access to Authority for infrastructure development works in respect of roads under the ownership, management and control of the Haryana State Industrial and Infrastructure Development Corporation in the Gurugram Metropolitan Area.
