The Industrial Disputes ( West Bengal Amendment ) Act, 1971

Zegfstsred No.C207 (cid:9) No. 410A(V) Tatruita (6azritr Extraordinary Published by Authority (cid:9) (cid:9) 13H.ADRA 6] SATI-RD1Y„-V1G15"1:` -);S, 1071 ( SA KA 1893 PART V.—Acts of the Parliament of India assented to by the President and Acts enacted and Ordinances promulgated by the President. GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE (Legislative Department) iV(a, D1jj, th( 2sth August, /971 812niirc: 6. 1893 iSaka). The 1olowing President's Act enacted on the 28th August, 1971. is published Ln general information (cid:9) THE INDUSTRIAL DISPUTES (WEST BENGAL AMENDMENT) ACT, 1971. No. 8 oi 1971 Enacted by the President in the Twentv-second Year of the Republic of India, An Act further tv. amend the Industria! Disputes Act. 1947, in its application to the State of West Bengal. In vxercise of the powers conferred by section 3 of the 31 of 1Wil. West Bengal State Legislature. kDelegamion of Powers) Act, (071, the l'ri.sident is pleased to enact as follows: 1. This Act. 'nay be called the Industrial Disputesi (West Short title. Bengal Amendment) Act, 1971, 2. The Industrial Disputes Act. 1947 Olereinafter reterr- App1ie.a- 14 of 1947, ed(cid:9) to as the principal Art), shall, in its application to the tion. State of Wvsi: Bengal, be amended for the purpose and in (11c manner hereinafter provided, 1632(a) • • 16'32(0 THE CALCUTTA GAZETTE. EXTRAORDINARY, AUGUST 28, 1971(cid:9) [PART V insertion 3. After section 25FF of the principal Act, the follow- of new ing section shall be inserted. namely:— section 725IFFA. '-Sixty days' notice 25FFA. (1) An employer who intends to be given of inten- to close down an undertaking shall tion to close dow-n any undertaking. serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the State Government stating clearly the reasons for the intended closure of the under- taking: Provided that nothing in this section shall apply to— (a) an undertaking in which nor more than fifty work- men are employed or were employed on any day of the preceding twelve months ; tb) a branch establishment, in the State of West Bengal, of— (I) an establishment, being a company registered. j of 195G. under the Companies Act, 1956. having regis- tered office outside the said State, or (ii) any other establishment, having head office out- side the said State, where the closure of such branch establishment ha become necessary consequent on the closure of the regis- tered office or the head office, as the case may be, of that establishment or that other establishment. (2) Notwithstanding(cid:9) anything contained in sub-section; if), the State Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the em- ployer or the like it is necessary so to do. by' order. direct that provisions of sub-section (1> shall not apply in relation to such undei taking for' such period as may be specified in the order.". Insert ion 4. After section 30 of the principal Act, tha following. of new section shall be inserted, namely: sect ion "Penalty for closure 30A. Any employer who closes down without not ice. any undertaking without complying with the provisions of section 25FFA. shall be punishable with imprisonmeat lot a term which may extend to six months and with lino which may extend to five thousand ropees.". V. V. r.; IR , President N. D. P. NAMBOODIRIPAD. Joint Secy. to the Govt. of 'India. • PART VI(cid:9) THE CALCUTTA GAZETTE, EXTRAORDINARY, AUGUST 28, 1971 (cid:9) 1632(c) REASONS FOR THE ENACTMENT In the recent past a number of industrial e stablishments have closed down in West Bengal leading to loss of produc- tion and great hardships to the workers . There is at present no legal bar to the employers declaring sudden closures ; under the Industrial Disputes Act, they are requir- ed to give either one month's notice or pay Nvages in lieu of notice to the workmen. Government consider that it should have an opportunity to go into the causes of closures and take such steps as it may think necessary for avoiding the closures. A compulsory notice of sixty days for this purpose is being provided for by suitable amendment of the Industrial Disputes Act. 19-47. 2. The requirement of prior notice before closure shall not apply, however. in respect of (a) small establishments employing less than fifty workmen, (b) closure of branch establishments situated in the State of %Vest Bengal in con- sequence of the closure of registered office or the head offiee, as the case may be, of establishments situated outside that State. Provision is also being; made to grant exemptions from the requirement of prior notice in certain exceptional circum- stances, such as. accident in the undertaking, death of the employer or the like. The proposed section 30A lays down the penalty for closing down any undertaking without the prescribed notice. 3. The Committee constituted under the proviso to sub- section (.3‘ of section 3 of the West Bengal State Legislature (Delegation of Powers) Act. 1971 (31 of 1971). has been con- sulted be:',:ve the enactment of this measure as a President's Act. P. M. NAYAK. Secretary to the Govt. of India. Department of Labour and Emplownent. l'iintwit(cid:9) tho :,:uporintenitent. Uctvernment Printing, We:it. Beugal.