Section 3A(2) in U.P. Industrial Disputes Act, 1947
(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 to her agency, as he thinks fit;(b)the partners or any other person shall not have the right to control or take part in or 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, subject only to such restrictions as the State 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 or business were not taken over under sub-section (1);(d)such person shall not, in respect of such matters relating to the said management as may be specified by order of the State Government, be bound by any obligation or limitation imposed on him as agent of the service or undertaking by or under any law, instrument or contract;(e)such person shall be entitled to retain out of the assets of the service or undertaking all cost, charges and expenses of, or incidental to, the said management and such remuneration as may be fixed by the State Government.
