REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 412] NEW DELHI, MONDAY, NOVEMBER 16,1970/KARTIKA 25, 1892
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION
(Department of Labour and Employment)
ORDER
New Delhi, the 12th November 1970
S.O. 3759.—Whereas the Central Government la of opinion that an industrial dispute exists between the management of the Oil and Natural Gas Commission, Dehra Dun and their workmen in respect of the matters specified in the Schedule h e r e to annexed;
And whereas the Central Government is of opinion that the said dispute involves a question of national importance and that the dispute is also of such ft nature that industrial establishments situated in more than one State are likely to be affected by such dispute.
And whereas the Central Government Is of opinion that the dispute should be adjudicated by a National Tribunal.
Now, therefore, in exercise of the powers conferred by Section 7B and sub-section (1A) of section 10 of the Industrial Disputes Act, 1947 (14 of 1947). the Central Government hereby constitutes a National Industrial Tribunal a* Delhi at which Shri Mahesh Chandra shall be the Presiding Officer and refers the dispute to it for
(a) of the payment of Bonus Act, 1955 as prior charge for the purposes of computation of available surplus.
(1829)
!83o THE GAZETTE OF INDIA EXTRAORDINARY [PART II—2. Whether the following amounts are allowable for computation of Gross Profits under the Payment of Bonus Act, 1965 and if allowable, to what extent?
(i) Depletion of Producing Property : Rs. 96,78,070 (net, after deducing depreciation); and
(11) Amortisation of Development Expenditure in areas other than Producing Properties : Rs. 4,63,22,374 (net, after deducting depreciation),
3. What should be the amount, if any, of Development Rebate allowable as per Payment of Bonus Act, 1965 and its bearing on the payment of bonus for the year 1966-67.
4. Whether the interest at Rs. 1,01,49,188 on loans from the Government of India charged in the Profit and Loss Account Is allowable for the computation of Gross Profits under the Payment of Bonus Act, 1965 ?
5. What should be the amount deductible as direct taxes in terms of section 6(c) of the Payment of Bonus Act, 1965 for arriving at the available surplus.
6. Whether the losses incurred by the Management on the fixed assets and written ofl as such in the Profit and Loss Account at Rs. 11,26,050 are deductible as an allowable expenditure for the purpose of arriving at the Gross Prolits under the Payment of Bonus Act, 19C5 ?
7- Whether the amount of Rs. 88,88,020 charged in the Profit and Loss Account as Provision for Doubtful Debts should be added back to the Profit in the computation of Gross- Profits under the Payment of Bonus Act, 1965 ?
8. Whether the amount of Rs. 59,47,077 not included In the sale proceeds of the year pending arbitration but shown as a part of the note In the Profit and Loss Account or the net amount of Rs. 24,25,532 finally determined as payable by the* Award should be added to the Income of the year ?
9. Determination of net pro/it.—Whether the provisions of the Companies Act are applicable for the determinationo f net profit? If so, to what extent and In which respect ?
10- Royalty.—Whether the amount of Rs. 1,89,17,630/- covered In expenses or Rs. 4,52,55,499/- charged towards production expenditure in profit ard loss account should be added back for computation of gross profit in view of the fact that the said amount is an expenditure on Royalties ?
11. Return on Capital.—Whether the amount of Rs. 111.69 crores being funds advanced by the Government of India to ONGC for business under section 16 of the ONGC Act 1959, be deemed to be same as paid up capital as applicable to statutory corporations or as equity share Capital applicable in the case of Indian Companies. Act ?
12. Whether the prior deduction on the basis of 8i per cent on such advances of the Government claimed by the Commission is admissible for the purpose of determination of available surplus under the Bonus Act ? Or the capital of the Commission should stand on a different footing and return for the same worked out on "the basis of the capital structure, whether there is no share capital a* recommended by Bonus Commission ?
13. Transportation and Freight.—Whether the expenditure under the head Transportation and Freight charged to profit and loss account which also include depreciation, is allowable as an expenditure under the" payment Of Bonus Act? If so, what should be the amount allowable hi this respect', and'what' shoujd^be the principles for such deductions?
14,. Com,j](utatipn qf-.Bomi$ for 19G6-C7,—O" the basis,.of the-decisjons w, the poirifs" referred to a$5ve, ,^tiat phoujcj be the ."Bonus testable ".to.'workers ^£dr,.the veal 1966-67 'as raer the Bonus Act.
[No. 4/67/70-LR-IV.]
R. ANANDAKRISHNA, Jt. Secy;
SEC 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 1831 3832 THE GAZfiTTE OF INDIA BXTRAOUDINARY [PART II—Stoc. 3(i"J