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 commencement.
(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 concerns 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 different 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-