(1) No court shall take cognizance of any offence punishable under this Ordinance, save on complaint made by or under the authority of the appropriate Government.
(2) No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Ordinance.
31. No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any rule made thereunder.
32. Nothing in this Ordinance shall apply to—
(i) employees employed by any insurer carrying en general insurance business and the employees employed by the Life Insurance Corporation of India;
(ii) seamen as defined in clause (42) of section 3 of the Merchant Shipping Act, 1958;
(iii) employees registered or listed under any scheme made under the Dock Workers (Regulation of Employment) Act, 1948, and employed by registered or listed employers;
(iu) employees employed in an establishment engaged in any industry carried on by or under the authority of any department of the Central Government or a State Government or a local authority;
(u) employees employed by—
(a) the Indian Red Cross Society or any other institution of a Hke nature (including its branches);
(b) universities and other educational institutions; and
(c) institutions (including hospitals, chambers of commerce and social welfare institutions) established not for purposes of profit;
(»i) employees employed through contractors on building operations;
Cognizance of offences.
Protection of action taken under the Ordinance.
Ordinance not to apply to certain classes of employees 159 G of I Ex—3- i8o THE GAZETTE OF INDIA EXTRAORDINARY [PART II Ordinance to apply to certain pending disputes regarding payment of bonus.
(vn) employees—•
(a) who have entered before the commencement of this Ordinance into any agreement or settlement with their employers for payment of an annual bonus linked with production or productivity in lieu of bonus based on profits; or
(b) who may enter alter such commencement into any agreement or settlement with their employers for payment of such annual bonus in lieu of the bonus payable under this Ordinance, for the period for which such agreement or settlement is in operation;
(viii) employees employed by the Reserve Bank of India;
(ir) employees employed by—
(a) the Industrial Finance Corporation of India;
(b) any Financial Corporation established under section 3, ov any Joint Financial Corporation established under section 3A, of the State Financial Corporations Act, 1951;
(c) the Deposit Insurance Corporation;
(d) the Agricultural Refinance Corporation;
(e) the Unit Trust of India; and (/) the Industrial Development Bank of India;
(.r) employees employed in any establishment in public sector, save as otherwise provided in this Ordinance.
33. Where immediately before the 2nd September, 1964, any industrial dispute regarding payment of bonus relating tc any accounting year ending on any day in the year 1962, and any subsequent accounting year was pending before the appropriate Government or before any Tribunal or other authority constituted under the Industrial Disputes Act, 1947, or under any corresponding law relating to investigation and settlement of industrial disputes in a State, such dispute shall be decided in accordance with the provisions of this Ordinance.
Explanation.—A dispute shall be deemed to be pending before the appropriate Government where no decision of that Government on any application made to it under the said Act or such corresponding law for reference of that dispute to adjudication has been made or where having received the report of the Conciliation Officer (by whatever designation known) under the said Act or law, the appropriate Government has not passed any order refusing to make such reference.
63 of IQ5 1 14 of I9J7 SEC. 1] THE GAZETTE OV INDIA EXTRAORDINARY 181