REGISTERED No. D(DN)127/88 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 46] NEW DELHI, SATURDAY, JULY 2, 1988/ASADHA 11, 1910 (SAKA) Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 2hd July, 1988/Asadha 11, 1910 (Saka) THE RHARAT PETROLEUM CORPORATION LIMITED (DETERMINATION OF CONDITIONS OF SERVICE OF EMPLOYEES), ORDINANCE, 1988 No. 6 OF 1988 Promulgated by the President in the Thirty-ninth Year of the Republic of India.
An Ordinance to empower the Central Government to determine the conditions of service of the officers and employees of Bharat Petroleum 'Corporation Limited and for matters connected therewith.
WHEREAS for the purpose of making the conditions of service of the officers and employees of the Bharat Petroleum Corporation Limited comparable with the conditions of service of the officers and employees of other public sector companies, it is necessary to empower the Central Government to determine the conditions of service of the officers and employees of the said Corporation;
AND WHEREAS a Bill to empower the Central Government to determine the conditions of service of the officers and employees of Bharat Petroleum Corporation Limited and for matters connected therewith, has been passed by the House of the People and is pending in the Council of States;
( 1 ) 2 THE GAZETTE. OF INDIA EXTRAORDINARY PART XI— Short litic and commenccmeni.
Definitions.
Power of Centra] Government to frame schemes to determine conditions of service of officers and employees.
AND WHEBEAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the Bill;
Now THEREFORE in exercise of the powers conferred by clause (1) at article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: — 1, (1) This Ordinance may be called the Bharat Petroleum Corporation Limited (Determination of Conditions of Service of Employees) Ordinance, 1986.
(2) It shall come into force at once-
2. In this Ordinaries, unless the context otherwise requires,.—
(a) "Burmah, Shell" means the Bunnah Shell Oil Storage and Distributing Company of India Limited a foreign company within the meaning of section 591 of the Companies Act, 1956 as it existed immediately before the appointed day under the Burmah Shell (Acquisition oi' Undertakings in India) Act, 1976;
(b) "Burmah Shell Refineries" means the Burmah Shell Refineries Limited, a company registered under the Indian Companies Act, 1913, as it existed immediately before it became a Government company,
(c) "Corporation'' means the Bharat Petroleum Corporation.
Limited, a Government company, as denned in section 617 of the Companies Act, 1956;
(d) "officers and employees of the Corporation" includes,—
(i) the officers and employees who were in the service of the Burmah Shell Refineries and who continued to be in the service of the said company after it became a Government company; and
(ii) the officers and employees who were in the service ol Burmah Shell and whose services were transferred to the Corporation by section 9 of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976;
(e) "public sector company" means any corporation established by or undw any Central Act or a Government company as defined in section 617 of the Companies Act, 1956.
3. (1) Where the Central Government is satisfied that for the purpose of making the conditions of service of the officers and employees of the Corporation comparable with the conditions Of service of tha officers and employees of other public sector companies, it is necessary so to do, it may, notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other law or any agreement, settlement, award or other instrument for the time being in forde, and notwithstanding any judgment, decree or order of any court, tribunal or other authority, frame one or more schemes fon the purpose of determination of the conditions of service of the officers and Employees of the Corporation.
1 of 1956.
2 of 1976.
7 of 1913.
J of 1956 2 of 1976.
1 of 1956, 14 of T947.
SBC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 2 of 1976.
(2) While framing any scheme under sub-section (1), it shall be competent for the Central Government to provide for the continuance, after the commencement of any such scheme, of such of the emoluments or other benefits as were payable to, or entitled to be received by, the officers and employees of the Corporation referred to in sub-clause (i) or sub-clause (ii) of clause (d) of section 2 immediately before the Burmah Shell Refineries became a Government company, or as the case may be, immediately before the appointed day under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976.
(3) The Central Government may make a scheme to amend or vary any scheme made under sub-section (1).
(4) The power to make any scheme under sub-section (1) or subsection (3) shall include,—
(a) the power to give retrospective effect to any such scheme or any provision thereof; and
(b) tile power to amend, by way of addition, variation or repeal, any existing provisions determining the conditions of service of the officers and employees of the Corporation in force immediately before the commencement of this Ordinance.
(5) Every scheme made under sub-section (1) or sub-section (3) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme, or both Houses agre^ that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice t0 the validity of anything previously done under that scheme.
R. VENKATARAMAN, President.
C. RAMAN MENON, Additional Secy, to the Govt. of Tndia.
PRINTED BY THE MANAGER, GOVERNMENT QF INDIA PRESS, MINTO ROAD, NEW DBLHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1988