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Section 18FB -The Industries (Development And Regulation) Act, 1951

The Industries (Development And Regulation) Act, 1951

 

18FB. Power of Central Government to make certain declarations in relation to industrial undertakings, the management or control of which has been taken over under section A, section 18 AA or section 18 FA

 

(1) The Central Government may, if it is satisfied, in relation to an industrial undertaking or any part thereof, the management or control of which has been taken over under section 18A, whether before or after the commencement of the Industries (Development and Regulation) Amended Act, 1971 (72 of 1971) or under section 18 AA or section 18 FA, that it is necessary so to do in the interests of the general public with a view to preventing fall in the volume of production of any scheduled industry, it may, by notified order, declare that—

 

(a) All or any of the enactments specified in the Third Scheduled shall not apply or shall apply with such adaptations whether by way of modification, addition or omission (which does not, however, affect the policy of the said enactments) to such industrial undertaking, as may be specified in such notification order, or

 

(b) The operation of all or any, of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force (to which such industrial undertaking or the company owning such undertaking is a party or which may be applicable to such industrial undertaking or company) immediately before the date of issue of such notified order shall remain suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptations and in such manner as may be specified in the notified order

 

(2) The notified order made under sub-section (1) shall remain in force, in the first instance for a period of one year, but the duration of such notified order may be extended form time to time by a further notified order by a period not exceeding one year at a time. Provided that no such notified order shall, in any case, remain in force—

 

(a) After the expiry of the period for which the management of the industrial undertaking was taken over under section 18A, section 18 AA or section 18 FA, or

 

(b) For more than eight years in the aggregate from the date of issue of the first notified order.

 

Whichever is earlier.

 

(3) Any notified order made under sub-section (1) shall have effect notwithstanding anything contained in any other law, agreement or instrument or any decree or order of a court, tribunal, officer or other authority or of any submission, settlement or standing order.

 

(4) Any remedy for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of sub-mission (1) and suspended or modified by a notified order made under that sub-section shall, in accordance with the terms of the notified order, remain suspended or modified. And all proceedings relating thereto pending or be continued subject to such adaptations, so, however, that on the notified order ceasing to have effect-

 

(a) Any right, privilege, obligation or liability so remaining suspended or modified shall become revived and enforcement as if the notified order had never been made:

 

(b) Any proceeding so remaining stayed shall be proceeded with, subject to the provisions of any law, which may then be in force, from the stage, which had been reached when the proceedings became stayed.

 

(5) In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of sub-section (1), the period during which it or the remedy for the enforcement thereof remained suspended shall be excluded.

 

 

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The Industries (Development And Regulation) Act, 1951

 

Indian Laws – Bare Acts

 

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