Rajasthan act 009 of 1961 : The Rajasthan Relief Undertakings (Special Provisions) Act, 1961

(1) This Act may be called the Rajasthan Relief Undertakings (Special Provisions) Act, 1961.

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(2) It extends to the whole of the State of Rajasthan.

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(3) It shall come into force at once.

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In this Act, unless the context otherwise requires,—

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(1) “industry” means any business, trade, undertaking, manufacture, or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation, or vocation of workmen, and the word “industrial” shall be construed accordingly;

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(2) “relief undertaking” means an industrial undertaking in respect of which a declaration under section 3 is in force.

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Substituted by section 2 of Rajasthan Act No. 20 of 1999, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 30-9-1999.

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(1) If at any time, it appears to the State Government necessary to do so, the State Government may, by notification in the official Gazette, declare that an industrial undertaking specified in the notification, whether started, acquired, or otherwise taken over by the State Government, or in respect of which a notified order under section 18-A of the Industries (Development and Regulation) Act, 1951 (Central Act 65 of 1951) is in operation, and carried on, or proposed to be carried on, by itself, or under its authority, or to which any loan, guarantee, or other financial assistance has been provided by the State Government, shall, with effect from the date specified for the purpose in the notification, be a relief undertaking for the purposes of this Act.

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²[Explanation.- The issuance and publication of a notification under sub-section (1) in respect of any industrial undertaking shall not have the effect of treating the employees of that industrial undertaking as Government Servants unless they are specifically appointed as such in writing, by a special order of the State Government, issued subsequent to the said notification, to manage the affairs of that industrial undertaking.]

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(2) A notification under sub-section (1) shall have effect for such period not exceeding two years as may be secified in the notification; but it shall be renewable by like notifications, from time to time, for further periods not exceeding twelve months at a time, so however, that the total period in the aggregate does not exceed ¹[twenty years].

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(1) Notwithstanding any law, usage, custom, contract, instrument, decree, order, award, submission, settlement, standing order or other provisions whatsoever, the State Government may, by notification in the official Gazette, direct that-

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(a) in relation to any relief undertaking and in respect of the period for which the relief undertaking continues as such under sub-section (2) of section 3-

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(i) all or any of the laws mentioned in the Schedule to this Act or any provisions thereof shall not apply (and such relief undertaking shall be exempted therefrom) or shall, if so directed by the State Government, be applied with such modifications (which do not however affect the policy of the said laws) as may be specified in the notification; and

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(ii) all or any of the agreements, settlements, awards or standing orders made under any of the laws mentioned in the Schedule to this Act which may be applicable to the undertaking immediately before it was acquired or taken over by the State Government or before the issue of the notified order in respect thereof under section 18-A of the Industries (Development and Regulation) Act, 1951 (Central Acrt 65 of 1951), or before any loan, guarantee, or other financial assistance was provided to it, by the State Government, shall be suspended in operation, or shall, if so directed by the State Government, be applied with such modifications as may be specified in the notification; and

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(b) no suit or other legal proceeding shall be instituted or commenced or if pending, shall be proceeded with, against any industrial undertaking during the period in which it remains a relief undertaking.

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Explanation.- Legal proceeding means any proceeding under any law before any court, tribunal, officer, authority or arbitrator, started on a plaint, petition of appeal, application, reference, or otherwise.

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²[Provided that a notification issued under this Act shall have no effect in respect of any law, legal proceedings, agreement, settlement, award, standing order or the like relating to the payment of wages to the workmen of the industrial undertaking specified in the said notification:

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Provided further that with the issuance and publication of notification under section 3 or section 4 of the Act, the State Government shall, in no case, be liable for payment of the wages or any other financial obligations or otherwise on behalf of the industrial undertaking specified in the said notification.]

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(2) The period, during which any suit or legal proceeding cannot be instituted or commenced because of the provisions of clause (b) of sub-section (1), shall be excluded in computing the period of limitation prescribed by the Indian Limitation Act, 1908 (Central Act 9 of 1908), or any other law for the time being in force, for such suit or proceeding.

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(3) A notification under sub-section (1) shall have effect from such date, not being earlier than the date referred to in sub-section (1) of section 3, as may be specified therein.

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