Section 18B:
Effect of notified order under section 18A.
1[18B. Effect of notified order under section 18A.--(1) On the issue of a notified order under section
18A authorising the taking over of the management of an industrial undertaking,
(a) all persons in charge of the management, including persons holding office as managers or
directors of the industrial undertaking immediately before the issue of the notified order, shall be
deemed to have vacated their offices as such;
(b) any contract of management between the industrial undertaking and any managing agent or
any director thereof holding office as such immediately before the issue of the notified order shall be
deemed to have been terminated;
(c) the managing agent, if any, appointed under section 18A shall be deemed to have been duly
appointed as the managing agent in pursuance of the Indian Companies Act, 1913 (7 of 1913), and
the memorandum and articles of association of the industrial undertaking, and the provisions of the
said Act and of the memorandum and articles shall, subject to the other provisions contained in this
Act, apply accordingly, but no such managing agent shall be removed from office except with the
previous consent of the Central Government;
(d) the person or body of persons authorised under section 18A to take over the management shall
take all such steps as may be necessary to take into his or their custody or control all the property,
effects and actionable claims to which the industrial undertaking is or appears to be entitled, and all
the property and effects of the industrial undertaking shall be deemed to be in the custody of the
person or, as the case may be, the body of persons as from the date of the notified order; and
(e) the persons, if any, authorised under section 18A to take over the management of an industrial
undertaking which is a company shall be for all purposes the directors of the industrial undertaking
duly constituted under the Indian Companies Act, 1913 (7 of 1913), and shall alone be entitled to
exercise all the powers of the directors of the industrial undertaking, whether such powers are derived
from the said Act or from the memorandum or articles of association of the industrial undertaking or
from any other source.
(2) Subject to the other provisions contained in this Act and to the control of the Central Government,
the person or body of persons authorised to take over the management of an industrial undertaking, shall
take such steps as may be necessary for the purpose of efficiently managing the business of the industrial
undertaking and shall exercise such other powers and have such other duties as may be prescribed.
(3) Where any person or body of persons has been authorised to exercise any functions of control in
relation to an industrial undertaking, the undertaking shall be carried on pursuant to any directions given
by the authorised person in accordance with the provisions of the notified order, and any person having
any functions of management in relation to the undertaking or part thereof shall comply with all such
directions.
(4) The person or body of persons authorised under section 2[18A] shall, notwithstanding anything
contained in the memorandum or articles of association of the industrial undertaking, exercise his or their
functions in accordance with such directions as may be given by the Central Government so, however,
that he or they shall not have any power to give any other person any directions under this section
inconsistent with the provisions of any Act or instrument determining the functions of the authority
carrying on the undertaking except in so far as may be specifically provided by the notified order.]
Notes:
1. Ins. by Act 26 of 1953, s. 13 (w.e.f. 1-10-1953).
2. Subs. by Act 36 of 1957, s. 3 and the Second Schedule, for "18" (w.e.f. 17-9-1957).