Section 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 18A, section 18AA or section 18FA.
1[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 18A, section
18AA or section 18FA.--(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)
Amendment Act, 1971 (72 of 1971), or under section 18AA or section 18FA, 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 Schedule 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
notified 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 from 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 18AA or section 18FA, or
(b) for more than 2[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 to the
contrary 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-section (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 before any court, tribunal, officer or other authority shall accordingly remain
stayed 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 enforceable 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.]
Notes:
1. Ins. by Act 72 of 1971, s. 6 (w.e.f. 1-11-1971).
2. Subs. by Act 17 of 1979, s. 2, for "five years" (w.e.f. 30-12-1978).