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-