The Kerala Relief Undertakings (Special Provisions) Act, 1961 (No.6 of 1962)

• 55 / THE KERALA RELIEF UNDERTAKINGS (SPECIAL PROVISIONS) ACT, 1961 Preamble. Sections. 1. 2. 3. 4. 5. 6. 7. (Act 6 of 1962) CONTENTS Short title, extent and commencement. Definitions. Declaration of relief undertaking. Power to prescribe industnal 1 elations and other facilit1e~ temporarily for 1ehef undertaking. Utilisation of profits. ProtectiOn of action taken under the Act. Power to make rules. The Schedule ACT 6 OF 1962 "' THE KERALA RELIEF UNDERTAKINGS (SPECIAL PROVISIONS) ACT, 1961 An Act to.make temporary provz.szons for mdustrwl relatzo1z.s and other matters to enable the Government to conduct, or provide loan, guara11tce or ftnactal asszstance j1r the conduct of, certauz zndustrial undertakings as a measml' of prevmtmg unemployment 01 of wzem/Jl:Jymenl reltef Pr8amble.-WHEREAS 1t is expedient to make temporary provisions for mdustrial relations and othe1 matters to enable the Government to conduct, or provide loan, gua1 an tee or financial assistance for the conduct of, certam mdustrial undertakmgs as a measure of prcvcntmg unemployment or of unemployment relief; BE it enacted in the Twelfth Year of the Republic of India as follows :- I. Short title, extent and commencement.-( 1) This Act may be call eel the Kera1a Rehef Undertakings (Special Provisions) Act, 1961. . (2) It extends to the whole of the State of Ke1ala. *Received the assent of the President on the '9th day of February, 1962 and pubhshed in the Gazette Extraordinary, dated 26th day of February 1962,; 56 (3) It shall come tnto force on such date as the Government may, by notification in the Gazette, appomt. 2. DifmzftOIIS.-In tim Act, unless the context othen' tse requires,- 'y (a) " lndustt y" means any busmess, trade, undez takmg, manufacttue or Cdllmg of employers and includes any plantatiOn and any callmg, serviCe, employment, hand1craft or mdustnal occupatiOn or avocation of workmen, and the wm d " mdustrzal " shall he construed accordmgly , (b) "Relief unde1 takmg" means an mdusttial undertaking 111 respect of wh1ch a declaratiOn unde1 sectiOn 3 Is 111 force. 3. Declaratzon cf reliefundeltakwg.-(1) If at any t1mc, it appea1s to the Government necessary to do so, the Government may, i>y noti­ ficatiOn m the Gazette, declare that an mdustz1al undertak1ng ~pec1fied 111 the notificatiOn, whether started, acqu1red or othe1 w1se taken ove1 by the Government, and earned on or proposed to be rarrzed on by themselves or under the1r authonty, 01 to wh1ch any loan, guarantee or other finanCial assistance has been prov1ded by the Gove1 nment, shall, w1th effect from the date spec1fied for the purpose 111 the not1ficatwn, be conducted to serve a~ a measure of preventmg unemployment or of unemployment relief and the undertakm~ ~hall accmdmgly be deemed to be a rehef unde1 takmg foz purpose~ of tl11S Act. • I I I (2) i\ not1ficatwn under sub-sect1on (I) shall have effect for such penod not e"ceedmg two years as may be spec1fied m the notdlcatwn , but 1t shall be renewable by hke not1ficat1ons from t1me to t1me for ~~ further pettods not excecdmg twelve months at a time, so howevet thdt all the penod~ in the aggregate do not exceed five years. 4. P:Jwer t:J prescrzbe mdust1zal relatwzs and Jther Jaczlztzes temp,-arzly for relzef wzdertakzng.-Notw1thstandmg anv law, usage, custom, contract, mstrument, deCI ee, ordet, award, subnllSSlon, settlement, standmg 01 der 01 other p1 ovlston whatsoever, the Gove1 nment may, by notification m the Gazette, dnect that- (a) 111 tclation to any 1 chef undertakmg and m respect of the pe110d for wluch the 1el1ef undertakmg continue~ as such undet sub­ sectiOn (2) of sect ton 3- (z) all the plovtsions of the laws spec1fied in the Scheuule to th1s Act, wh1ch mvolve any financ1al commitment 01 expendttUI e shall not apply (and such tehefunde1takmg shall be exempt therefrom), or all or any of such ptov1~10ns shall, tf so dtrectcd by the Government, he applied w1th ~uch modtficatiOns (whtch do not however affect the policy of the said ldiiS) a~ may be speczfied m the not1ficat10n; (zz) all 01 any of the agreements, settlements, or awatds made undet any of the laws specified m the Schedule to tlus Act, which may be applicable to the undertakmg tmmedmtely befo1e 1t was acqutred or taken ove1 by the Gove1nment 01 before any loan, guatantee, 01 other financJ,ti.J~~•slance was p!OVHlcd to 1t hyorwtth the apptoval of the Govelllment lo1 bcmg run as ~ 1 ehel utH.lertakmg, shall be ~~pen<.led in / • 57 operation, or shall, 1fso di1ected by the Go,ernment, be appl1ed with such modllic'lltons as may be spectficd 111 the nottficatLOn; (b) dUimg the pe110d m wh1ch the 1 eltef undcrtakmg contmue~ as such under sub-sect10n (2) of section 3 any hab1ltty or obhgatlon of the undertakmg accrued or mcurred before the undet takmg was declared a tehef undet takmg and any remedy for the enforcement theteof shall be suspended and all p10ceedmgs 1 elattve thet eto pendmg befme any court, Tnbunal, Officer 01 authottty <>hall be stayed, (c) the 1 ight, ptivdege, obligatiOn 01 ltabi!tty referred to 111 clause (b) shall, on the notificatiOn ceasmg to have fotce, revive and be enforceable and the proceedings refetred to therein shall be contmuecl. Provided that m computmg the peuod of l1m1tatton for the enforce­ ment of such nght, pttvliege, obligation or liabi!tty, the penod dunng which tt was suspended under clause (b) shall be excluded notwtth­ standmg anythmg contamed m any Jaw for the time bemg 111 force. 5. Utzltsatt:m of profzts.-Such petcentage of the profits, 1f any, made by the Go vet nment, as may be prescnbed, m can yillg on any relief undertakmg shall be utthsed for the benefit of the persom employed m the undertakmg m such manner as may be prescnbed. 6. PrJtectwn of action taken wzder the Act.-No suit or othet legal proceedmgs shall he agamst the Gove1 nment for anythmg whtch is in good faith done or mtended to be done under thts Act. 7. Rower t:J make rules.-(1) The Government may, by not1ficat1on m the Gazette, make rules to catry out the purposes of th1s Act. (2) In particular, and without preJudtce to the genetahty of the foregoing power, such rules may provtde for all or any of the followmg matters, namely :- (a) the rates of wage~ payable to the wm kmen and thetr wot k­ loads and the salary payable to the staff, the payment of bonus, gtatmty, compensatiOn, etc. , (b) the manner m which the relief undertakmg should IJe run on behalf of the Government ; (c) the strength of staff and labour to be employed for runnmg the reltef undertakmg economtcally . (d) the manner m wh1ch the net p10fi ts or net losses 01 ~Uiplu~ funds should be appropuated or disposed of, and (e) the petcentage of ptofits to be utdtsed for the benefit of the persons employed 111 the undertakmg and the manner of tt~ utJhsation. (3) All rules made undet tlus sectiOn shall, as ~oon a~ possrble after they ate made, be la1d before the Leg•slatJvc A~sembly for a penod of not less than fourteen days and shall be subJeCt lo ~uch mod1ficat10m as the Legislative .\ssembly may make du11ng lhe se%wn 111 whtch they ate so ldid 01 the session unmed•ately follow mg. • 58 THE SCHEDULE Cmtral Acts (1) The Industrial Disputes Act, 1947. (2) The Minimum Wages Act, 1948. State Acts (I) The Travancore-Cochm Shops and Establishments Act, 1125. (2) The Madras Shops and Establishments Act, 1947. •