Associated Cement (Vesting) Act, 1974

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THE ASSOCIATED CEMENT (VESTING) ACT, 1974 
 
 
 
CONTENTS 
 
1.  Short title and commencement 
2.  Definitions 
3.  Vesting of Associated Cement in Corporation 
4.  Continuance in service of employees, etc. 
5.  Administration, etc., of the Associated Cement 
6.  Provident Fund 
7.  Investment by the Federal Government 
8.  Indemnity 
9.  Bar of jurisdiction 
10.  Power to make rules 
11.  Removal of difficulties 
12.  [Repeal]  
 

 
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THE ASSOCIATED CEMENT (VESTING) ACT, 1974 
1ACT No. VII OF 1975 
[13th January, 1975] 
An Act to provide for the vesting of the Associated Cement in the State Cement Corporation of 
Pakistan Limited. 
 WHEREAS it is expedient to provide for the vesting of the Associated Cement in the State 
Cement Corporation of Pakistan Limited and for matters connected there with or incidental thereto; 
 It is hereby enacted as follows:___ 
 1. Short title and commencement.___(1) This Act may be called the Associated Cement 
(Vesting) Act, 1974. 
 (2) It shall come into force at once. 
 2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,___ 
(a)  “Associated Cement” means the undertakings known as Associated Cement 
which immediately before the commencing day vested in the Federal 
Government, together with all lands, buildings, machinery, appliances, fixtures 
and funds appertaining thereto; 
(b)  “commencing day” means the day on which this Act comes into force; and 
(c)  “Corporation” means the State Cement Corporation of Pakistan Limited 
formed and registered under the Companies Act, 1913 (VII of 1913). 
 3. Vesting of Associated Cement in Corporation.— As from the commencing day,— 
(a)  the Associated Cement shall vest in the Corporation and all powers which 
immediately before that day were exerciseable by the Federal Government in 
relation to the Associated Cement shall be exerciseable by the Corporation ; 
(b)  all rights, properties, assets, liabilities, debts and obligations of the Federal 
Government relating to the Associated Cement shall be the rights, properties, 
assets, liabilities, debts and obligations of the Corporation; 
(c)  any contract made, or deemed to have been made, on behalf of the President 
for the purposes of the Associated Cement shall be deemed to have been 
made on behalf of the Corporation; 
(d)  all suits and other legal proceedings in relation to the Associated Cement 
instituted, or deemed to have been instituted, by or against the Federal 
Government shall be deemed to be suits and proceedings instituted by or 
against the Corporation and may be proceeded with accordingly ; and 
 
1For Statement of Objects and Reasons, see Gaz. of P., 1974, Ext., Pt.III, p.1357. 
 
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(e)  all orders and instructions issued by the President or the Federal Government 
before the commencing day in relation to the Associated Cement shall, to the 
extent they are not inconsistent with the provisions of this Act, be deemed to 
be orders and instructions issued by the Corporation. 
 4. Continuance in service of employees, etc.___ (1) Every officer and employee 
employed for the purposes of the Associated Cement shall, on the commencing day, become an 
officer or employee, as the case may be, of the Corporation and shall hold office therein on such 
terms and conditions, which are not less favourable than those to which he was entitled immediately 
before the commencing day, as the Corporation may determine: 
 Provided that an officer or employee of the Corporation shall, unless his services are earlier 
terminated in accordance with the terms and conditions applicable to him, retire from service on the 
completion of the fifty-eighth year of his age. 
 (2) Any officer or employee who becomes an officer or employee of the Corporation under 
sub-section (1) may be transferred— 
(a)  by the Corporation, to any company or project set up by it, or 
(b)  by the Federal Government, to any other corporation, company or industrial 
unit controlled by it, 
and shall hold office therein on terms and conditions which are not less favourable than those to 
which he was entitled immediately before such transfer. 
 (3) Any officer or employee who becomes an officer or employee of the Corporation under 
sub-section (1), or is transferred under sub-section (2), shall not be entitled to any compensation or to 
the designation which he was holding immediately before the commencing day or, as the case may 
be, the date of such transfer, and no claim for such compensation or designation shall be entertained 
by any court, tribunal or other authority. 
 (4) If any question arises as to whether any person was, immediately before the commencing 
day, an officer or employee employed for the purposes of the Associated Cement, the question shall 
be referred to the Federal Government whose decision shall be final. 
 5. Administration, etc., of the Associated Cement.___ (1) The Corporation shall, subject to 
the provisions of this Act, be competent to administer, control, operate, manage, reorganise or 
dispose of the Associated Cement in such manner as it deems fit. 
 (2) In particular and without prejudice to the generality of the foregoing provision, the 
Corporation may, with the approval of the Federal Government, transfer the management of the 
Associated Cement to one or more companies sponsored by the Corporation and registered under the 
Companies Act, 1913 (VII of 1913). 
 6. Provident Fund.___ (1) Notwithstanding anything contained in the rules relating to the 
Provident Fund of the Staff of the Associated Cement and the Provident Fund of the Workers of 
Associated Cement, the accumulated balance standing to the credit of every officer or employee 
referred to in sub-section (1) of section 4 in either of those Funds immediately before the 
commencing day shall be paid to the Corporation. 
 
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 (2) An officer or employee referred to in sub-section (1) of section 4 shall be deemed to have 
become as from the commencing day a member of the Provident Fund established, by the 
Corporation and, in the records of such Provident Fund, a separate account shall be opened for such 
officer or employee and be credited with the amount of the accumulated balance standing to the 
credit of such officer or employee in the Provident Fund of the Staff of the Associated Cement or, as 
the case may be, the Provident Fund of the Workers of the Associated Cement immediately before 
the commencing day. 
 
 (3) Where the services of any officer or employee referred to in sub-section (1) of section 4 
are transferred to any other corporation or company, the accumulated balance standing to the credit 
of every such officer or employee in the Provident Fund of the Corporation immediately before such 
transfer shall be paid to such other corporation or company and, in the records of the Provident Fund 
of the corporation or company, a separate account shall be opened for such officer or employee and 
be credited with the amount of the accumulated balance standing to his credit in the Provident Fund 
of the Corporation immediately before such transfer. 
 7. Investment by the Federal Government.___ (1) The investment made by the Federal 
Government in the Associated Cement before the commencing day shall be deemed to be the 
Federal Government's equity in the Corporation: 
 Provided that the loans advanced for the expansion of the factories of the Associated Cement 
and the interest thereon shall be repayable by the Corporation. 
 (2) The amount of equity referred to in sub-section (1) shall be determined by the 
Federal Government in consultation with the Corporation. 
 8. Indemnity.— No suit, prosecution or other legal proceeding shall lie against the Federal 
Government, the Corporation or any other person for anything in good faith done or intended or 
purported to be done under this Act. 
 9. Bar of jurisdiction.___ (1) No court shall call in question, or permit to be called in 
question any provision of this Act, or of any rule or order made or anything done or any action 
taken or purporting to be made, done or taken thereunder. 
 (2) No court shall grant any injunction, make any order or entertain any proceedings in 
relation to anything done or intended or purporting to be done under this Act. 
 10. Power to make rules.— The Federal Government may, by notification in the official 
Gazette, make such rules as appear to it to be necessary or expedient for carrying out the purposes of 
this Act. 
 11. Removal of difficulties.— If any difficulty arises in giving effect to any provision of 
this Act, the Federal Government may make such order or issue such directive, not inconsistent with 
the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of 
removing the difficulty: 
 Provided that no such order shall be made after the expiry of one year from the commencing 
day. 
 
 12. [Repeal].— Omitted by the Federal Laws (Revision and Declaration) Ordinance, 
1981 (XXVII of 1981),s.3 and Sch.,II. 
         
______________    Uploaded on 26.12.2023