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, be 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 nay, 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 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.