Amendment status not verified — confirm the current text below against the official source.
Inserted by section 3 of Uttrakhand Act no 24 of 2015. [The United Provinces Industrial Disputes Act, 1947] [Section 3-A] (f) for exercising control over any public utility service, or any subsidiary undertaking by authorizing any person (hereinafter referred to as an authorized controller) to exercise with respect to such service, undertaking or part thereof, such functions of control as may be specified in the order and on, the making of such order the service, undertaking or part, as the case may be, shall so long as the order continues to be carried on in accordance with any directions given by the authorized controller in accordance with the provisions of the order; and every person having any functions of management of such service, undertaking or part thereof, shall comply with such directions; (g) for any incidental or supplementary matters which appear to the [State Government]1 necessary or expedient for the purposes of the order : Provided that no order made under clause (b) -- (i) shall require an employer to observe terms and conditions of employment less favour able to the workmen than these which were applicable to them at any time within three months preceding the date of the order; (ii) [***]2 Control of trade or business of & public utility service or subsidiary undertaking 3 A 2 (1) Where the trade or business of any public utility service or any subsidiary undertaking has closed or is likely to be closed. the State Government , may, on the application of more than one- half of the total number of partners and owning between them more than fifty percent share therein, by order, published in the Gazette, authorize any person to carryon the trade or business, for the period, in the manner and to the extent provided in the order: Provided that no such order shall be made unless the State Government is further satisfied that it is necessary for the maintenance of supplies and services essential to the life of the community or for maintaining employment: Provided further that the State Government may, from time to time, by order, published in the Gazette, extend the period specified it if the order aforesaid. (2) While a person authorized under sub-section (1) is carrying on the trade or business of the service or undertaking- (a) such person shall be entitled to the management of the affairs of the service or undertaking to the exclusion of any other person acting or purporting to act on behalf of the firm, and for the purposes of such management, shall be entitled to employ such staff or other agency as he thinks fit.; (b) the partners or any other person shall not have the right to control or take part in the carrying on of the trade or business; (c) such person shall be deemed to be acting as the agent of the service or undertaking and, such object only to such restrictions as the State 73 Government may impose, shall have in relation to the management of the affairs of the service or undertaking all such powers and authority as the service or undertaking itself would have if its trade of business were not taken over under sub-section (1) ;