REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 65] NEW DELHI, FRIDAY, DECEMBER 23,I966/Pausa 2, 1888 (saka)
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF LAW
(Legislative Department)
New Delhi, the 23rd December, 1966/Pausa 2, 1888 (Saka)
THE ESSENTIAL COMMODITIES (SECOND
AMENDMENT) ORDINANCE, 1966
No. 13 OF 1966
Promulgated by the President in the Seventeenth Year of the
Republic of India.
An Ordinance further to amend the Essential Commodities Act
1955, and to continue the Essential
Commodities
(Amendment) Act, 1964, for a further period.
WHEREAS Parliament is not in session and the President is satisfied
that circumstances exist which render it necessary for him to take
immediate action;
NoWj THEREFORE, in exercise of the powers conferred by clause
(1) of article 123 of the Constitution, the President is pleased to
promulgate the following Ordinance: —
1. (1) This Ordinance may be called the Essential Commodities
(Second Amendment) Ordinance, 1966.
Short title
and com-
mencement.
(757)
758
THE GAZETTE OF INDIA EXTRAORDINARY
[PAHT II
(2) It shall come into force at once.
2. During the penod of operation of this Ordinance, the Essential
Commodities Act, 1955 (hereinafter referred to as the principal Act),
shall have effect subject to the amendment specified in section 3
3. In section 3 of the principal Act, after sub-section
(4), the
following sub-sections shall be inserted, namely: —
"(4A) Where, for any reason, supplies of any article or thing
required for the production or manufacture of an essential
commodity are not adequate to meet the full requirements of all
the undertakings engaged in the production or manufacture of
such commodity and the Central Government is of opinion that
with the available supplies of such article or thing all the
undertakings engaged in the production or manufacture of such
commodity should, as far as practicable, be kept as going con-
cerns for the production or manufacture of such commodity to
the fullest extent possible and also for the prevention of
unemployment, as far as practicable, amongst persons employed
in .such undertakings, it may, by order, direct that—
(a) no employer shall close his undertaking, whether
partially or wholly, except with the previous permission in
writing of such officer as may be specified in this behalf in
the order;
(fa) no employer shall keep his undertaking working for
more than such number of days in a week and such number
of hours each day, as may be specified in the order.
(4B) Where in pursuance of an order under clause (b) of
sub-section (4A) an undertaking is closed, whether partially or
wholly for any day or number of days in a week, the employer
of the undertaking shall pay for such closure to each of the
persons employed in the undertaking or any part thereof which
is closed, compensation which shall be equal to fifty per cent,
of the total of the basic wages and dearness allowance that would
have been payable to such person had there been no such
closure,
(4C) For removal of doubt, it is hereby declared that differ-
ent orders may be made under sub-section (4A) in respect of—
(i) different classes of undertakings: or
Act io oi
1955 to be
temporarily
amended.
Amendment
of section 3
SBC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
759
(ii) undertakings in different areas.".
4. Notwithstanding anything to the contrary contained in any lav
for the time being in force, where
an employer in respect of ai
undertaking engaged in the production
or manufacture of cottor
textiles has closed such undertaking either wholly or partially on an]
day in a week during the period between the 12th day of December
1966, and the commencement of this Ordinance, both days inclusive
in pursuance of the decision taken by the Government of India ir
that behalf and specified by the Textile Commissioner to the Govern
ment of India, Bombay, in his circular dated the 3rd December, 1966,—
(a) such undertaking shall be deemed to have been closed 01
each such day in accordance with law; and
(b) the
employer
shall
pay
compensation
for
sucr
closure to the persons employed (including badli workmen) ir
the undertaking at the rate provided for in section 25C of th«
Industrial Disputes Act, 1947.
6, The duration of the Essential Commodities (Amendment) Act
1964. is hereby extended b> a period of one year up to and including
the 31st day of December, 1967, and accordingly, during the perioc
of operation of this Ordinance, that Act shall have effect subject tc
the modification that in section 1 of that Act, in sub-section (3), foi
the words, figures and letters "the 31st day of December, 1966", the
words, figures and letters "the 31st day of December, 1967" shall b«
substituted.
S. RADHAKRISHNAN,
President.
S. P. SEN-VARMA,
Secy, to the Govt. of Ivdia.
14 of 1947,
Vali dation
of closure of
cotton textile
mills 00
certain days.
Continuance
of Act 47 of
1947-
PRTNTir IN INDIA BY THE GENERAL MANAGED, GOVERNMENT OP INDIA PRESS,
MTNTO ROAD, NEW DELHJ AND PUBLISHED BY THE MANAGER OF PUBLICATIONS,
DELHI, 1906-