Explain the circumstances under which the Central Government can takeover the management or control of an industrial undertaking without investigation under the Industries (Development and Regulation) Act, 1951.
CS Executive · Economic and Commercial Laws · PYQS · June 2016
Explain the circumstances under which the Central Government can takeover the management or control of an industrial undertaking without investigation under the Industries (Development and Regulation) Act, 1951.
Answer & Explanation:
Section 18AA of the Industries (Development and Regulation) Act, 1951 empowers the Central Government to take over industrial undertakings without investigation under certain circumstances. Section 18AA of the Act empowers the Central Government to authorise, by a notified order, any person or body of persons to take-over the management of whole or part of any industrial undertaking and to exercise prescribed functions of control, provided the Government is satisfied on the basis of documentary or other evidences in its possession that the persons in charge of such industrial undertaking have, by reckless investments or creation of encumbrances on the assets of the industrial undertaking, or by diversion of funds, brought about a situation which is likely to affect the production of articles manufactured or produced in the industrial undertaking and that immediate action is necessary to prevent such a situation; or it has been closed for a period of not less than three months (whether by reason of the voluntary winding up of the company owning the industrial undertaking or for any other reason) and such closure is prejudicial to the concerned scheduled industry and that the financial condition of the company owning the industrial undertaking and the condition of the plant and machinery of such undertaking are such that it is possible to restart the undertaking and such restarting is necessary in the interests of the general public.
Topics: Industries (Development and Regulation) Act, 1951
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