BHARAT PETROLEUM CORPORATION LIMITED (DETERMINATION OF ONDITIONS OF SERVICE OF EMPLOYEE) ACT

THE BHARAT PETROLEUM CORPORATION LIMITED (DETERMINATION OFONDITIONS OF SERVICE OF EMPLOYEE) ACT, 1988

ACT No. 44 OF 1988

3rdSeptember, 1988

An Act to empower the Central Government to determine theconditions of service of the officers and employees of Bharat PetroleumCorporation Limited and for matters connected therewith.

WHEREAS for the purpose ofmaking the conditions of service of this officers and employees of the BharatPetroleum Corporation Limited comparable with the conditions of service of theofficers and employees of other public sector companies, it is necessary toempower the Central Government to determine the conditions of service of theofficers and employees of the said Corporation.

BE it enacted by Parliament inthe Thirty–ninth Year of the Republicof India as follows: –

1.Short title and commencement: (1) This Act may be called theBharat Petroleum Corporation Limited (Determination of Conditions of Service ofEmployees) Act, 1988.

(2) It shall be deemed to havecome into force on the 2nd day of July, 1988.

2.Definitions: In this Act, unless the context otherwise requires;-

(a) "BurmahShell" means the Burmah Shell Oil Storage andDistributing Company of India Limited, a foreign company within the meaning ofsection 591 of the Companies Act, 1956 (1 of 1956) as it existed immediatelybefore the appointed day under the Burmah Shell(Acquisition of Undertakings of India) Act, 1976 (2 of 1976);

(b) "BurmahShell Refineries" means the Burmah ShellRefineries Limited, a company registered under the Indian Companies Act, 1913(7 of 1913), as it existed immediately before it became a Governmentcompany;

(c) "Corporation"means the Bharat Petroleum Corporation Limited, a Government company, asdefined in section 617 of the Companies Act, 1956 (1 of 1956);

(d) "officersand employee of the Corporation" includes; ––

(i) the officers and employeeswho were in the service of the Burmah ShellRefineries and who continued to be in the service of the said company after itbecame a Government company; and

(ii) the officers and employeeswho were in the service of Burmah Shell and whoseservices were transferred to the Corporation by section 9 of the Burmah Shell (Acquisition of Undertakings in India) Act,1976 (2 of 1976);

(e) "public sectorcompany" means any corporation established by or under any Central Act ora Government company as defined in section 617 of the Companies Act, 1956 (1 of1956).

3.Power of Central Governmentto frame schemes to determine conditions of service of officers and employees: (1) Where the CentralGovernment is satisfied that for the purpose of making the conditions ofservice of the officers and employees of the Corporation comparable with theconditions of service of the officer and employee of other public sectorcompanies, it is necessary so to do, it may, notwithstanding anything containedin the Industrial Disputes Act, 1947 (34 of 1947) or any other law orany agreement, settlement, award or other instrument for the time being inforce, and notwithstanding any judgment, decree or order of any court, tribunalor other authority, frame one or more schemes for the purpose of determinationof the conditions of service of the officers and employees of the Corporation.

(2) While framing any schemeunder sub–section (1), it shall be competent for the Central Governmentto provide for the continuance, after the commencement of any such scheme, ofsuch of the emoluments or other benefits as were payable to, or, entitled to bereceived by, the officers and employees of the Corporation referred to in sub–clause(i) Burmah Shell Refineries became a Governmentcompany, or as the case may be, immediately before the appointed day under the Burmah Shell (Acquisition of Undertakings in India) Act,1976 (2 of 1976).

(3) The Central Government maymake a scheme to amend or vary any scheme made under sub–section (1).

(4) The power to make anyscheme under sub–section (1) or sub–section (3) shall include; –

(a) thepower to give retrospective effect to any such scheme or any provision thereof;and

(b) thepower to amend, by way of addition, variation or repeal, any existingprovisions determining the conditions of service of the officers and employeesof the Corporation in force immediately before the commencement of this Act.

(5) Every scheme made under sub–section(1) or sub–section (3) shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the scheme, or both Houses agree that the schemeshall not be made, the scheme shall thereafter have effect only in suchmodified form or be of effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previous done under that scheme.

4.Repeal and saving: (1) The Bharat PetroleumCorporation Limited (Determination of Conditions of Service of Employee)Ordinance, 1988 (6 of 1988) is hereby repealed.

(2) Notwithstanding suchrepeal, anything done or any action taken under the said Ordinance shall bedeemed to have been done or taken under the corresponding provisions of thisAct.

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