REGISTERED No. D- 28
of India The Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI , SATURDAY, JUNE 11, 1849
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi , the 11th June , 1049
ORDINANCE NO . XI OF 1949 .
AN
ORDINANCE
to provide for the payment , in the form of Post Office National Savings Gertificates , of bonus payable to workmen or employees under the ward of any Industrial Tri. bunal or of the Industrial Court , Bombay, in Reference ( IC ) No. 7 of 1949 .
WHEREAS an e zency has arisen which makes it necessary to provide for the payment , in the form of Post Office National Savings Certificates , of bonus payable to workmen or employees under the award of any Industrial Tribunal or of the Industrial Court , Bombay , in Reference ( 10 ) No. 7 of 1949 ;
NOW , THEREFORE , in exorcise of the powers conferred by seotion 42 of the Government of India Act , 1935 ( 26 Goo . 5 , 0. 2) , the Governor- Genoral is pleased to make and promulgate the following Ordinanco :---
1. Short title , extent and commencement.-( 1 ) This Ordinance maybe called the Industrial Tribunais Payment of Bonus ( National Savings Certificates ) Ordi . nance , 1949 .
(2 ) Itoxtonds to all the Provincos of India except section which oxtends to the Province of Bombay only .
(3) It shall come into force at once .
2. Payment of bonus in the form of Post Office National Saving's Certificates .- ( 1) Notwithstanding anythin ; contained in he Payment of Wages Act , 1936 ( IV of 1936) , or in any other law for the time being in foro , it shallbe lawful for any Industrial Tribunal, w. on making an award in relation to any industrial dispute , to direer that the bonus which may become payable under the award shall , to the extent of any part thereof not ex eeding one - half of the amount of the
(979) 980
THE GAZETTE OF INDIA EXTRAORDINARY , JUNE 11 , 1949
bonus in any case , be pald in the form of Post Office National Savings Certificates of such denominational values as may be specified by the Industrial Tribunal:
Provided that no such direction shall be made under this sub - section , if it will have the effect of reducing the amount of the bonus payable in cash to the workman to less than the amount of the basic wages payable to him for a month's service.
(2 ) Any direction made by an Industrial Tribunal under sub - section ( 1 ) shall be binding on the parties thereto in the same manner ard to the same extent as the award in which it is made is binding on the parties under the law for the time being in force relating thereto .
Explanation . In this section--
(a ) " Industrial Tribunal " means any Industrial Tribunal constituted under the Industrial Disputes Act , 1947 ( XIV of 1947 ) , and includes any arbitrator, officer , Board of Arbitration , Industrial ( ourt , Labour Court or other authority appointed or constituted under any other law for the time being in force relating to the adjudication of industrial disputes ;
(b) words used but not defined herein and defined in the Industrial Disputes Act , 1947 (XV of 194 ) , or in any other law for the time being in force relating to the adjudication of industrial di putes have the meanings assigned to them in that Act , or other law as the case may be .
3. Special provision for the payment of bonus in Reference ( 10 ) No. 7 of 1940 of the Industrial Court , Bombay.-Notwithstanding anything contained in the Payment of Wages Act , 1936 ( IV of 1.36 ) , or in any other law for the time being in forco,
(a) the scoond instalment of tho bonus payabloga οι fore the 30th day of June , 1949 , under the torms of the awa d, dated the 23rd day of April , 1949, in Reforence ( 10 ) No. 7 of 949 , made by the Industrial Court , Bombay, con- stituted under the Industrial Relations Act , 1946 ( Bombay Aot XI of 1947 ), and
(b ) the Lonus payable in one lump sum on or before the 30th day of November , 1940 , under the terms of the said award ,
shall , to the extent of two - thirds of the amount thereof in the case specified in clause ( a ) and to the oxtent of one - third of the amount thereof in the caso specified in olause ( 6) , be paid to the persons entitled thoroto under the said award in the form of 12 - Year Post Office National Savings Cortifica.os .
4. Penalties . ( 1) If any porson contravenos any of the provisions of this Ordinance or of any rule made thereunder , he shall be punishablo with imprison- ment for a term which may extend to one month , or with fine , or with both .
(2 ) Whero a porson committing an offonce undor this Ordinance or of any rule mado therounder is a company , or other body corporate , or an association of persons (whether incorporated or not ) , every dirootor , manager, soorotary, agent or other officor or porson concerned with the management thereof shall, unless he proves that the offonce was committed without his knowledge or consunt , be doomod to bo guilty of such offence .
THE GAZETTE OF INDIA EXTRAORDINARY , JUNE 11 , 1949 981
5. Power to make rules .( 1) The Central Government may, by notification in the official Gazotte, make rules for the purpose of giving effect to the provisions of this Ordinance .
(2 ) In particular, and without prejudice to the gonorality of the forogoing power , such rules may provido for-
(a) the manner in which any Post Office National Savings Cortificates may be purchased or issued for the purpose of this Ordinance ;
(b) the manner in which fractions of rupee may be rounded off to the nearost rupeo ; and
(c) the payment in cash or otherwise of any part of the bonus for which it is not practicable to issue any denomination of Post Office National Savings Certificates .
C. RAJAGOPALACHARI ,
Governor-General .
K. V. K. SUNDARAM ,
Secretary .
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