In Defence of India Rules, 1962—Rule 125
Rule 125-A describes and particularises the undertakings to which this rule will be applicable. The provision in this rule that “in this rule unless the context otherwise requires an ‘undertaking’ means any undertaking (including an undertaking vested in or controlled or managed by, a local authority) which is engaged in the production, generation, supply, distribution or provision of water, transport, fuel, light, electricity or other power or any other thing or service which is notified by the Government as essential to the life of the community”, is merely descriptive of the undertaking to which this rule is applicable.
The words “which is engaged in the production……..” merely describes the kind of undertaking by referring to the nature of the activity of the undertaking for bringing it within the purview of R. 125-A and they have no bearing on the question whether the activities are in the process of being carried on or have been stopped. The expression any undertaking which is ‘engaged in’ has been used to describe the nature of business of the undertaking and is merely descriptive of the undertaking to which this rule will apply. The take over of the management of an undertaking to which R. 125-A is applicable may become all the more necessary in larger public interest and for effectively serving the purposes for which this rule has been incorporated, particularly when an undertaking engaged in any kind of activity coming within the purview of this rule stops functioning, to enable the undertaking to function for achieving the purposes for which these provisions have been made[AIR 1984 SC 1346 ]