THE GAZETTE OF INDIA. EXTRAORDINARY

[PART III—SEC. 4]

NATIONAL DAIRY DEVELOPMENT BOARD

NOTIFICATION

New Delhi, the 16th February, 2001

THE NATIONAL DAIRY DEVELOPMENT BOARD WORKMEN

(Appointment, Pay and Allowances) (Amendment)

Regulations, 2001

No. DEL: NDDB.—In exercise of the powers conferred by Section 48 of the National Dairy Development Board

Act, 1987 (37 of 1987) and of all the powers enabling them in that behalf, the Board of Directors hereby make the

following amendments namely

1. Short title and commencement:

(1)

These regulations may be called the National Dairy Development Board Workmen (Appointment, Pay

and Allowances) (Amendment) Regulations, 2001.

(2)

Save as otherwise provided in these regulations, the provisions, thereof shall come into force on the

date of their publication in the Gazette of India,

Amendments to the National Dairy Development Board, Workmen (Appointment, Pay and Allowances)

Regulations, 1988.

(1)

The following Regulations may be inserted after regulation 53, thus :

"53 A, Transfer of services of Workmen to other institutions

(1)

Where a company is formed in pursuance of Section 43 of the Act to takeover the ownership or

management of any undertaking of the Board, notwithstanding anything contained in these or other

Regulations, services of every workmen, employed to or working therein on a continuous basis

immediately previous to the takeover of that undertaking, shall stand transferred to the concerned

company, and thereafter be governed by the rules of the company,

Provided that •—

(a)

every such workman shall be entitled to receive from the company pay, allowances, gratuity and

such like terms and conditions which are not less favourable than what was applicable to the

workman immediately previous to the transfer, and full credit shall be given to the earlier service

for the purpose as if the service had not been interrupted.

(b)

the company to which the workman shall stand transferred, shall be liable to pay to the workman

concerned in the event of his retrenchment, compensation in accordance with law and for the

purpose taken into account his earlier service with the Board giving full credit for the same.

(2)

In a case where any such workman as referred to in sub-regulation (1), reports in writing, within ten days

of notice, not to serve the company referred to therein the services of that workmen shall stand

terminated forthwith as if the workman concerned has been retrenched from the service, subject only

to an entitlement of fifteen days pay and dearness allowance, if any, for every completed year of service,

together with three months pay m lieu of notice in the case of confirmed workman, and one month pay

in any other case.

The provisions of sub-regulations (1) and (2) shall mutatis-mutandis apply to every case where the

Board deems it appropriate to transfer, by written agreement, the management of any of its undertaking

to any other institution.

Explanation . The expression "undertaking" in this Regulation will include any division or business of the Board which

luis been treated by it as a separate entity by maintaining separate account or otherwise."

AMRITA PATEL, Chairman

[ADVT-IH/rV/Exty./132/2000]

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