The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002

Administered Ministry: Ministry of Finance / Department of Investment and Public Asset Management

Act details

Short titleThe Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002
Long titleAn Act to provide for the transfer and vesting of the undertaking (excluding the specified undertaking) of the Unit Trust of India to the specified company to be formed and registered under the Companies Act, 1956, and the transfer and vesting of the specified undertaking of the Unit Trust of India in the Administrator and for matters connected therewith or incidental thereto and also to repeal the Unit Trust of India Act, 1963.
Act number58 of 2002
Act year2002
Enactment date17 Dec 2002
MinistryMinistry of Finance / Department of Investment and Public Asset Management
DepartmentDepartment of Investment and Public Asset Management
JurisdictionCentral (Parliament of India)
Sections25
Schedules2
StatusNot repealed
Last checked on India Code29 Oct 2026
SourceIndia Code, Government of India

Summary

Summary of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002
Key Provisions
1. Transfer of Undertakings: - Undertaking (excluding specified): Transferred to and vested in a specified company. Transfer and vest the undertaking (excluding the specified undertaking) of the Unit Trust of India (UTI) to a specified company.
• Specified Undertaking: Transferred to and vested in an Administrator.
2. Effect of Vesting: - Includes all assets, rights, liabilities, properties, and obligations.
• Pending proceedings continue against the new entities.
3. Administrator's Role:
• Manages the specified undertaking.
• Powers include managing affairs and redeeming units.
4. Repeal and Saving: - Repeals the Unit Trust of India Act, 1963.
• Actions under the repealed Act are deemed under this Act.
5. Specified Undertaking: - Includes various unit schemes (e.g., Unit Scheme 1964, Children's Gift Plan-1970).
6. Implementation & Provisions
• Appointed Day: Set by the Central Government.
• Financial & Administrative Details: Initial capital refund, overriding effect, board of advisers, and tax exemptions.

Legislative history

Legislative History:

The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002

Act Title The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002

Act Number 58 of 2002

Act ID (India Code) 200258

Presidential Assent Date December 17, 2002

Enforcement Date October 29, 2002

Nodal Ministry Ministry of Finance

Precedent & Historical Context

1. The US-64 Financial Crisis:

o Unit Trust of India (UTI) was established in 1963 as a statutory public sector financial institution. Its flagship flagship guaranteed-return scheme, US-64 (Unit Scheme 1964), suffered severe structural deficits and liquidity issues following market downturns in 1998 and 2001.

o Statutory intervention became necessary to bailout retail investors, protect systemic stability, and restructure UTI into commercially viable and regulatory-compliant SEBI entities.

2. The Tarapore Committee Recommendations:

o High-level committees recommended repealing the overarching 1963 Act to ring-fence government-guaranteed liabilities from market-linked mutual fund assets, transferring operations under the standard Companies Act, 1956 and SEBI Mutual Fund Regulations framework.

Parliamentary Trajectory & Enactment

• October 29, 2002: The President of India promulgated the Unit Trust of India (Transfer of Undertaking and Repeal) Ordinance, 2002 (Ord. 5 of 2002) to execute the immediate split of UTI.

• Enactment: Received Presidential Assent on October 29, 2002.

• Enforcement: Enforced on October 29, 2002.

• Source: Official Records of Parliament, India Code, and Ministry of Finance (Department of Investment and Public Asset Management).