REGISTERED No. D-( D) -72 रजिस्ट्री सं० डी-( डी) -72
भारत का राजपत्र
The Gazette of India
प्रभाष (रण
EXTRAORDINARY
भाग II--खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 20]
नई दिल्ली, मंगलवार , अप्रैल 12, 1977 /क्षेत्र 22, 1899
No. 20]
NEW DELHI , TUESDAY , APRIL 12 , 1977 / CHAITRA 22 , 1899
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 12th April, 1977 / Chaitra 22 , 1899 ( Saka)
The following Act of Parliament received the assent of the Vice- President acting as President on the 11th April , 1977 , and is hereby published for general information : -
THE FOOD CORPORATIONS ( AMENDMENT) ACT , 1977
No 12 OF 1977
[11th April, 1977 ]
An Act further to amend the Food Corporations Act , 1964 .
BE it enacted by Parliament in the Twenty- eighth Year of the Repub- lic of India as follows :-
1. (1 ) This Act may be called the Food Corporations (Amendment ) Act, 1977 .
37 of 1964.
(2) It shall be deemed to have come into force on the 31st day of December , 1976 .
Short title and com- mence- ment.
2. In section 12A of the Food Corporations Act, 1964 ( hereinafter referred to as the principal Act) ---
Amend- ment of section 12A, (i) in sub - section ( 3) , for the words , brackets and figures " sub- ject to the provisions of sub - sections ( 4 ) , ( 5) and ( 6 ) ", the words , brackets , figures and letters " subject to the provisions of sub- sections (4 ) , ( 4A ) , ( 4B ) , ( 4C) , (5 ) and (6) " shall be substituted;
(121) [PART II-
122
THE GAZETTE OF INDIA EXTRAORDINARY
(vi) after sub -section (4) , the following sub - sections shall be inserted , namely: -
(4) , " (4A) Notwithstanding anything contained in sub - section
( a) every officer or other employee in respect of whom an order of transfer under sub -section ( 1) had been made before the date of commencement of the Food Corporations (Amendment ) Act , 1977 ( hereafter in this section referred to as the appointed day ) shall , whether or not he had exercised the option under sub - section (4 ) before the appointed day , exercise such option within six months from the appointed day; and
(b ) every officer or other employee in respect of whom an order of transfer under sub -section (1 ) may be made after the appointed day shall , within six months from the date of such order , exercise his option under sub - section ( 4) ,
and in each such case such option once exercised shall be final:
Provided that where an officer or other employee having exercised an option under sub -section (4 ) before the appointed day-
(1) has died or retired before the appointed day, or dies or retires after the appointed day , before exercising the option as required by this sub - section, or
(iv) does not exercise the option as required by this sub - section ,
the option already exercised by him shall be deemed to have been validly exercised by him under sub - section ( 4 ) .
(4B) Where an officer or other employee-
(a) has died or retired , or dies or retires , after an order of transfer under sub - section ( 1 ) in respect of such officer or other employee is made but before exercising the option under sub - section ( 4) or, as the case may be , as required by sub - section (4A ) ; or
(b) has died or retired , or dies or retires , before an order of transfer under sub - section ( 1 ) in respect of such officer or other employee is made,
he shall , notwithstanding anything contained in sub - section (4 ) or sub - section (4A) ,-
(i) in a case falling under clause (a) , be deemed to have exercised an option under sub - section (4 ) ; and THE GAZETTE OF INDIA EXTRAORDINARY
SEC, 1 ]
123
(vi) in a case falling under clause ( b ) , be deemed to have been transferred under sub -section (1 ) and exercised an option under sub- section (4) ,
to be governed by the leave , provident fund , retirement or other terminal benefits admissible to the employees of the Central Government in accordance with the rules and orders of the Central Government as amended from time to time:
Provided that nothing in clause (a) of this sub - section shall apply to an officer or other employee who has , before the appointed day, been paid the terminal benefits as admissible to the employees of the Corporation under the regulations made by the Corporation under this Act, unless such officer or other em- ployee refunds in a lump sum within sıx months from the ap- pointed day the amount of contributions made by the Corporation towards such terminal benefits :
Provided further that nothing in clause (b ) of this sub -sec- tion shall apply to an officer or other employee who has intı- mated, under the proviso to sub - section ( 1 ) , his intention of not becoming an employee of the Corporation ,
(4C) Where an officer or other employee has exercised an option under sub- section (4 ) , or exercises , or is deemed to have exercised, an option under that sub - section, read with sub- section (4A) or sub - section (4B ) , to be governed by the leave , provident fund , retirement or other terminal benefits admissible to the employees of the Central Government, such benefits shall be calculated on the basis of the pay and allowances drawn by him in the Corporation." .
16 of 1976.
3. ( 1) The Food Corporations (Amendment ) Ordinance , 1976 , is hereby repealed .
Repeal and saving.
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act, as amended by this Act .
K. K. SUNDARAM , Secy . to the Govt . of India .
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1977