1947 : Bom. XXXIV] o . 2470 THE BOMBAY ADZUDICATION PROCEEDINGS (TRARSFER/'. AND CONTINUANCE) ACT, 1947. . CONTENTS. Pruawmra. SzorIoNs. 1. Short title and extent. 9. Provincial Government’s power to make order for transfer snd continusnee of adjudication proceedings before 'Tribunsl. _‘ 8. Penalty. 4. BSavings. o 5. Repealof Bombay Ordinance IV of 1047.
xXiv 1947. Xiv of 1047, BOMBAY ACT No. XXXIV. OF 1947.1 [T BoMBaY ADIUDICATION PROCEEDINGS (TRANSFER AND CONTINUANCE) AcT, 1947.] [22nd November 1947] An Act to provide for the transfer and continuance of adjudication proceedings in - {rade disputes referred to an Adjudicator for adjudioatm‘nl under rule 81A ofgsthe Defence of India Rules and pending before such Adjudicstor. WHEREAS it is expedient to enable the Provincial Government to transfer to and continue before, a Tribunal constituted by the Provineial Government under the Industrial Disputes Act, 1947, adjudication proceedings in trade disputes referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator at the commencemert of this Act ; Tt is hereby enacted as follows :— : 1. (I) This Act may be called the Bombay Adjudication Proceedings (Tranefer Bbort tiths and Continuance) Act, 1947. I nes मैं sad oxtock. {2) Tt extends to the whale of the Province of Bombay. 8. The Provincial Government may, by order notified in the Qfficial Gazefte, Erovineisl direct that any proceedings in any trade dispute referred to an Adjudieator for Gomrm_mpa adjudication under rule 81A of the Defence of India Rules and pending before Tiake order such Adjudicator av the commencement of this Act shall, from the stage reached for tranafer before the Adjudicator, be transferred to, and contipued before, s Tribunal ool ronstituted by the Provincial Government under the Industrial Disputes Act, 1947 adjudieation glermemaf'ter referred to as the said Act), and thereupon such dispute shall be {3 roceedings d to be an industrial dispute within the meaning of the said Act and all the Teibanal, provisions of the said Act ghall apply in relation to such dispute as if it were peferred to the Tribunal for adjudication under the said Act. o 8. TForthe avoidance of doubt it is hereby declared that any employer, workman Penalty. or person, Who commits an offence under section 26, 27, 28, 29, 30 or 31 of the said Act in relation to such digpute the proceedings in which have been transferred to, and continwed before, 8 Tribunal under section 2, shail be liable to the ? punishment provided in any of the said sections. . 4. Nothing in this Act shall affect— ः ह रण . ' . . . fim (व) sny penalty, forfeiture or punishment incurred in respect .of any contravention of the provisions of rule 81A of the Defence of India Rules or of any order made thereunder in relation to a trade dispute the proceedings in whith have been transferred tc, and. eo_ntm'ued before, & Tribunal under gection 2 ; or (b) any investigation, legal proceeding or remedy in respect of any penalty, forfeiture or punishment as aforesaid ; gnd any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any puch penalty, forfeiture or punishment may be imposed, as if this Act had not been made. : i]'o:.demfim.mmw—_———w_MMMMIMT,PMV,MSM-' -~
Bepeal of Bombay Qrdinance IV of 1947, 2482 5. The 1947, is hereb Ordinance we Proocedings (Tronsfer [1947 : Bom, XXXIV ond Continuance) Act, 1947 bay Adjudivation Proceedings (Transfer and Continuance) Ordinance Ordim repealed ; and it is hereby declared that the provigions of section 7 x,, v of ‘ 1047 of the Bombay General Clauses Act, 1904, shall apply to the repeal as if फिर न, I e an enactment ’ 1904,