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State Financial Corporation Act, 1951


32B. Effect of notified order under section 32A

On the issue of a notified order under section 32A,-

(a) in any case in which the industrial concern is a company as defined in the Companies Act, 1956 (1 of 1956), all persons holding office as Directors of the industrial concern and in any other case, all persons holding any office having the powers of superintendence, direction and control of the industrial concern, 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 concern and any managing agent or any Director or manager thereof holding office as such immediately before the issue of the notified order shall be deemed to have terminated;

(c) in the case of an industrial concern which is a company as defined in the Companies Act, 1956 (1 of 1956), the managing agent, if any, appointed under section 32A shall be deemed to have been duly appointed in pursuance of the said Act and the Memorandum and Articles of Association of the industrial concern and the provisions of the said Act and 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 Financial Corporation;

(d) the Directors or the administrators appointed under section 32A shall take such steps as may be necessary to take into their custody or under their control all the property, effects and actionable claims to which the industrial concern is, or appears to be, entitled and all the property and effects of the industrial concern shall be deemed to be in the custody of the Directors or administrators, as the case may be, as from the date of the notified order;

(e) the Directors appointed under section 32A shall, for all purposes, be the Directors of the industrial concern duly constituted under the Companies Act, 1956 (1 of 1956), and such Directors or as the case may be, the Administrators appointed under section 32A, shall alone be entitled to exercise all the powers of the Directors or as the case may be, of the persons exercising powers of superintendence, direction and control, of the industrial concern, whether such powers are derived from the said Act or from the Memorandum or Articles of Association of the industrial concern or from any other source whatsoever.



State Financial Corporation Act, 1951 Back




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