Govt to launch workshops to implement Vegetable Oil Products Production (See 'Corp Brief') Goyal calls for transformation from 'Van Dhan to Vyapar Dhan' (See 'Corp Brief') Banks record steady growth, improved asset quality and stronger digital performance (See 'Corp Brief') QCI and BHEL jointly organize Inter PSU Gunvatta Manthan to promote quality (See 'Corp Brief') Misc - Remedy for recovery of money instituted under Article 226 of Constitution of India is not intended to enable claimant to recover monies, recovery of which by suit is barred by limitation: HC (See 'Legal Desk') Chouhan presents 'Plant Genome Saviour Awards' to farmers in New Delhi (See 'Corp Brief') Students from Goa & Uttarakhand explore Arunachal under Ashtalakshmi Darshan (See 'Corp Brief') Commercial Courts Act 2015 - injunction on use of trade mark BISCO is valid as it is nearly identical to existing trade dress named BISCOFF: HC (See 'Legal Desk') IICA and WNS Global Services launch YBRANT programme on CSR (See 'Corp Brief') India reaffirms commitment to Equity, Climate Justice and Multilateralism at CoP30 (See 'Corp Brief') PMLA - When monies lying in account of accused which has been attached by ED is not proceeds of crime but are untainted monies bank, same needs to be released to bank: SAFEMA (See 'Legal Desk') CCI allows Lence Pte to pick up equity in AWL Agri Business (See 'Corp Brief') Yadav asks authorities from NCR States to submit Action Taken Reports on Air Pollution (See 'Corp Brief') IPR - In case of deceptive similarity and consumer confusion, defendant's continued use of mark constituted deliberate infringement: HC (See 'Legal Desk') UIDAI partners with Behavioural Insights to address awareness-related barriers (See 'Corp Brief') IPR - Evidentiary standards are requisite for establishing copyright infringement claims, particularly in relation to governmental projects and alleged appropriation of original works: HC (See 'Legal Desk') National Watershed Conference Begins in Guntur (See 'Corp Brief') DG, IICA, underscores convergence between India Inc. & armed forces (See 'Corp Brief') RERA - Real Estate Regulatory Authority is, for all intents and purposes, 'Court' for purposes of transfer jurisdiction, and High Court has jurisdiction to order transfer unless bias is shown to exist: HC (See 'Legal Desk') RM inaugurates state-of-the-art DPSU Bhavan (See 'Corp Brief') Millet reflects Odisha's heritage and future: CM (See 'Corp Brief') NI Act - Legal notice sent to cheque drawer over dishonor of the instrument, must specifically demand payment of 'cheque amount', in absence of which preconditions to institute proceedings u/s 138 do not stand fulfilled: HC (See 'Legal Desk') TRAI releases paper on Interconnection matters (See 'Corp Brief') IPR - Order Registrar of Trade Marks failing to comply with Rule 100 of Trade Marks Rules, 2017, which mandates a minimum notice period before initiating suo moto cancellation proceedings, cannot be sustained: HC (See 'Legal Desk') Rijiju visits Saudi Arabia to fix Haj quota for 2026 (See 'Corp Brief') IBC - All dues, including statutory dues owed to Central Govt., any State Govt., or any local authority, if not included in Resolution Plan, shall stand extinguished: HC (See 'Legal Desk') Chouhan to participate in 'Mandia Dibasa' to promote millets (See 'Corp Brief') A&C - Justice must be advanced on merits of case rather than defeated by technical or procedural lapses, particularly when such lapses are attributable to institutional processes beyond control of appellant: HC (See 'Legal Desk') India welcomes Brazil's initiative to establish Tropical Forests Forever Facility (See 'Corp Brief') Prevention of Corruption Act, 1988 - purpose of imposing conditions while granting bail is to secure presence of accused during trial & not to curtail personal or professional liberty: HC (See 'Legal Desk') IWAI hands over Kalughat Intermodal Terminal to PPP Operator (See 'Corp Brief') IPR - Unfair advantage of reputation and goodwill amassed by plaintiff's marks, calls for passing off against defendant: HC (See 'Legal Desk') Chouhan addresses conference of 20,000 farmers in Maharashtra (See 'Corp Brief') FERA - If exporter chose to realise export proceeds in the Indian Currency, then he had to ensure that export is made within bilateral framework of trade: SAFEMA (See 'Legal Desk') India, Bhutan unite in Prayer: Buddha Relics for Global Healing at Thimpu Festival (See 'Corp Brief') Benami - Even if there are cash infusions into bank accounts of alleged benamidar, no provisional attachment can be made in absence of evidence to show that such infusions are made by beneficial owner: SAFEMA (See 'Legal Desk') NPG evaluates projects from Ministries of Road, Highways & Railways (See 'Corp Brief') IPR - Refusal of registration is contingent upon existence of 'likelihood of confusion': HC (See 'Legal Desk') Competition Law - Dominance alone does not constitute abuse u/s 4 and competition law will intervene in digital platforms only where market-wide harm, exclusionary conduct, or unfair leveraging is evident: CCI (See 'Legal Desk') Government intervention and Corporate governance (See CORP EINSICHT)

Closure of pharma PSUs - Cabinet approves amendment in norms for sale of land

Published: Jul 17, 2019

By TIOLCORPLAWS News Service

NEW DELHI, JULY 17, 2019: THE Union Cabinet has approved the following decisions:

  1. Modifying the earlier decision dated 28.12.2016 of sale of land of PSUs to government agencies and instead permitting the sale of land as per revised DPE's guidelines dated 14.06.2018; and
  2. Providing budgetary support as loan to the tune of Rs 330.35 cr for meeting the employees' liabilities (Unpaid salary - Rs. 158.35 cr. + VRS Rs.172.00 cr.) as per following break-up:

a. IDPL - Rs.     6.50cr.

b. RDPL- Rs.  43.70cr.

c. HAL   - Rs. 280.15 cr.

(iii) Constitution of a Committee of Ministers for taking all decisions pertaining to closure/ strategic sale of the four Public Sector Undertakings, including the sale of assets and clearance of outstanding liabilities.

Major Impact:

  1. Budgetary support of Rs 330.35 cr. would help in disbursing the unpaid salaries and providing support for VRS of employees of IDPL, RDPL and HAL. The decision would mitigate sufferings of more than 1000 employees of these PSUs; and
  2. Setting up of a Committee of Ministers would expedite in process of implementation of the earlier Cabinet decision dated 28.12.2016 for closure of IDPL and RDPL and strategic sale of HAL and BCPL.

Background:

Cabinet had decided on 28.12.2016 to sell surplus land of Hindustan Antibiotics Limited (HAL), Indian Drugs & Pharmaceuticals Limited (IDPL), Rajasthan Drugs and Pharmaceuticals Ltd. (RDPL) and Bengal Chemicals & Pharmaceuticals Ltd. (BCPL) through open competitive bidding to Government agencies and clear the outstanding liabilities from the sale proceeds. It was decided that after meeting the liabilities, IDPL and RDPL would be closed and HAL and BCPL put up for strategic sale. Department took earnest efforts for sale of surplus land, but could not find buyers, despite issuing tenders more than once. Meanwhile, the Department of Public Enterprises (DPE) has issued revised guidelines on 14.06.2018 in respect of disposal of land of the PSUs. As funds could not be generated through sale of surplus land, the employees in few of the PSUs (HAL and RDPL) could not be paid salaries and VRS scheme floated. As such, it was decided to dispose of the land as per revised DPE's guidelines and seek up-front budgetary support for meeting employees' liabilities.

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