(1) This Act may be called the Bharat Petroleum CorporationLimited (Determination of Conditions of Service of Employees) Act, 1988.

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

In this Act, unless the context otherwise requires,--

(a) "Burmah Shell" means the Burmah Shell Oil Storage and Distributing Company of IndiaLimited, a foreign company within the meaning of section 591 of the Companies Act, 1956(1 of 1956)as it existed immediately before the appointed day under the Burmah Shell (Acquisition ofUndertakings in India) Act, 1976 (2 of 1976);

(b) "Burmah Shell Refineries" means the Burmah Shell Refineries Limited, a company registeredunder the Indian Companies Act, 1913 (7 of 1913), as it existed immediately before it became aGovernment company;

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

(d) "officers and employees of the Corporation" includes,--

(i) the officers and employees who were in the service of the Burmah Shell Refineries andwho continued to be in the service of the said company after it became a Government company;and

(ii) the officers and employees who were in the service of Burmah Shell and whose serviceswere transferred to the Corporation by section 9 of the Burmah Shell (Acquisition ofUndertakings in India) Act, 1976 (2 of 1976);

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

(1) Where the Central Government is satisfied that for the purpose of making theconditions of service of the officers and employees of the Corporation comparable with the conditions ofservice of the officers and employees of other public sector companies, it is necessary so to do, it may,notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or any other law orany agreement, settlement, award or other instrument for the time being in force, and notwithstanding anyjudgment, decree or order of any court, tribunal or other authority, frame one or more schemes for thepurpose of determination of the conditions of service of the officers and employees of the Corporation.

(2) While framing any scheme under sub-section (1), it shall be competent for the CentralGovernment to provide for the continuance, after the commencement of any such scheme, of such of theemoluments or other benefits as were payable to, or entitled to be received by, the officers and employees f the Corporation referred to in sub-clause (i) or sub-clause (ii) of clause (d) of section 2 immediatelybefore the Burmah Shell Refineries became a Government company, or as the case may be, immediatelybefore the appointed day under the Burmah Shell (Acquisition of Undertakings in India) Act,1976 (2 of1976).

(3) The Central Government may make a scheme to amend or vary any scheme madeunder sub-section (1).

(4) The power to make any scheme under sub-section (1) or sub-section (3) shall include,--

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

(b) the power to amend, by way of addition, variation or repeal, any existing provisionsdetermining the conditions of service of the officers and employees of the Corporation in forceimmediately 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 afterit is made, before each House of Parliament, while it is in session for a total period of thirty days whichmay be comprised in one session or in two or more successive sessions, and if, before the expiry of thesession immediately following the session or the successive sessions aforesaid, both Houses agree inmaking any modification in the scheme, or both Houses agree that the scheme should not be made, thescheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,however, that any such modification or annulment shall be without prejudice to the validity of anythingpreviously done under that scheme.

(1) The Bharat Petroleum Corporation Limited (Determination of Conditionsof Service of Employees) Ordinance, 1988 (6 of 1988), is hereby repealed.

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