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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, SATURDAY, APRIL 30, 1940

GOVERNMENT OF INDIA

MINISTRY OF LAW.

New Delhi, the 30th April, 1949

ORDINANCE No. VI OF 1949

ORDINANCE

In provise for the, adjudication of industrial disputes concerning certain banking

and, insurance companies.

WHEREAS an emergency has arisen which makes it necessary to provide for the adjudication of industrial disputes concerning banting and insurance companies having branches or other establishments in more than one Province;

Now, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1935 (26 Geo. 5, c. 2), the Governor-General is pleas- ed to make and promulgate the following Ordinance:—

1. Short title, extent and commencement.—(i) This Ordinance may be called the Industrial Disputes (Banking and Insurance Companies) Ordinance, 1949.

(2) It extends to all the Provinces of India. (3) It shall come into force at once. 2. Definitions.—In this Ordinance, unless there is anything repugnant in the subject or context, the expressions "award", "banking company", "industrial dispute" and "insurance company" have the meanings respectively assigned to them in section 2 of the Industrial Disputes Act, 1947 (XIV of 1947) as amend- ed by this Ordinance.

3. Amendment of section 2, Act XIV of 1947.—In section 2 of the industrial Disputes Act, 1.947 (hereinafter referred to as the said Act),—

(1) in sub-clause (i) of clause (a), for the words 'a mine, oil-field" the words "a banking or an insurance company, a mine, an oil-field" shall be substituted;

(2) after clause (b), the following clause shall be inserted, namely:—

"(bb) 'banking company' means a banking company as defined in section 5 of the Banking Companies Act, 1949 (X of 1949) having branches or other establishments in more than one Province, and in- cludes the Imperial Bank of India"; (749) 750 T HE GA2&tS& Of INDIA KXTBAGRMNAilX, APBIL BO, 194& (3) alter clause (/cj, tlie following clause shall be inserted, namely; •(/f/c) 'insurance company' means an insurance company as deiin-

fid in section 2 ol the insurance Act, 1U.38 (IV bf 11)38) having branches or other establishments hi inore than one Province;"...

4. Prohibition of references by .Provincial Governments ol certain industrial disputes for adjudication, inquiry or settlement.—Notwithstanding anything contained in any other Jaw, it nhail not be competent to¹ a Provincial Govern- ment or any afliuer or authority subordinate to such government to refer an industrial dispute concerning any banking or insurance company, or any matter relating to such dispute, to any tribunal or other authority for adjudication., inquiry or settlement

' 6. Abatement of proceedings relating to disputes pending before Provincial tribunals and reference of such disputes to tribunals constituted by the Central Government.—(1) Where under any lawi any industrial dispute concerning any banking or insurance company or any matter relating to such dispute hus, before the commencement of thin Ordinance, been, referred by a Provincial Government or any officer or authority subordinate to such. Government to any tribunal or other authority for adjudication or settlement and any proceedings in respect of or arising out of such reference were immediately before such commencement pending before any tribunal or other authority, then on the date of jjuch commencement such reference shall be deemed to be withdrawn and all such proceedings shall abate.

(#) The Central Government Bh.ftll; ae soon as may be after the commence- ment of this Ordinance, by order in writing, refer under section 10 of the said Act every industrial dispute to which the provisions of sub-section) (I) apply to an Industrial Tribunal constituted under the said Act for adjudication,

6. Powers ol Central Government to refer disputes In respeot of which, awards

or decisions have been made for readjudicatlon. - (1) Where any award o decision has been made in respect of any industrial dispute concerning any banking or insurance company by any tribunal or other authority constituted or appointed by a Provincial Government, or tiny officer or authority sub- ordinate to such Government, then the Central Government may, not- withstanding that the said award or decision is in force, by order in writing refer under section 10 of the said Act the dispute or any of the matters in dis- pute to an Industrial Tribunal constituted under the said" Act for readjudication and stay the implementation of the award or decision eo made or of any part of suoh award or decision until the Industrial Tribunal to which the dispute or any of the matters in dispute is referred for re-adjudication has submitted its award or for such further period ns the Central Government may consider necessary.

(3) After the Industrial Tribunal to which tho dispute or any of the matters In diBjmte has been so referred for readjurlioation has submitted its award undcu: sub-section (1) of section 15 of the said Act, the Central Government may, bv order in writing, declare that the award or decision previously made in respeci of such dispute by the tribunal or other authority constituted or appointed bj the -Provinoial Government or any officer or authority subordinate to such Gov- ernment or such part of that award or decision us may be specified in the order eholj. cease to be in operation.

C. BAJAGOPALACHAEI,

Oovernor-OetMT'il

K. V. K. STJNDABAM, OLecy. to the Government of India1 UBLISHED BY THK M A N A C ER OF PUBLICATIONS, DflLHJ, INIJIA. PBINTKD BY TH" MANAOKB. GoriRKMiNT or TNPIA Passe, Nrw DMLHJ, IWPII.