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Bombay Presidency - Act

The Bombay Labour Welfare Board (Reconstitution) Order, 1959.

BOMBAY PRESIDENCY
India

The Bombay Labour Welfare Board (Reconstitution) Order, 1959.

Rule THE-BOMBAY-LABOUR-WELFARE-BOARD-RECONSTITUTION-ORDER-1959 of 1959

Published on 15 December 1959
Commenced on 15 December 1959
[This is the version of this document from 15 December 1959.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Labour Welfare Board (Reconstitution) Order, 1959.Published vide Notification Gazette of India, 1959, Part 2, Section 3 (i), p. 1659 (w.e.f. 15th December, 1959)G.S.R. 1357, dated 4th December, 1959. - In exercise of the powers conferred by sub-section (1) of Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), the Central Government, after consulting the Government of the States of Bombay, Mysore and Rajasthan, approves with certain modifications, the scheme forwarded by the Government of Bombay relating to the reconstitution and re-organisation of the Bombay Labour Welfare Board, a Corporation constituted under the Bombay Labour Welfare Fund Act, 1953 (Bombay Act 40 of 1953) and for the purpose of giving effect to the scheme so approved, the Central Government hereby makes the following Order, namely:-

1. Short title and commencement.

(1)This Order may be called the Bombay Labour Welfare Board (Reconstitution) Order, 1959.

(2)It shall come into force on the 15th day of December, 1959.

2. Definitions.

(1)In this Order, unless the context otherwise requires-

(a)"Abu area" means the Abu Road taluka of Banaskantha district transferred from the former State of Bombay to the new State of Rajasthan;

(b)"Act" means the Bombay Labour Welfare Fund Act, 1953 (Bombay Act 40 of 1953);

(c)"appointed day" means the date on which the Order comes into force;

(d)"Bombay area" means the territories which immediately before first day of November, 1956, were comprised in the State of Bombay, excluding the Abu area and the Karnatak area;

(d)"existing Board" means the Bombay Labour Welfare Board constituted under the Act;

(f)"Karnataka area" means the Bijapur, Dharwar and Kanara districts, and the Belgaum district (excluding the Chandgad taluka), transferred from the former State of Bombay to the new State of Mysore;

(g)"new Board" in relation to Karnataka area-

(a)as respects any period before its constitution under section 4 of the Act, shall mean the Government of Mysore; and

(b)as respects any period after such constitution, shall mean the Board so constituted;

(h)"Statement" means a Statement appended to this Order.

(2)The words and expressions used but not defined in this Order and defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Exclusion of certain areas from operation of existing Board and creation of new Board for Karnataka area.

(a)As from the appointed day, the existing Board shall cease to function and operate in the Abu area and the Karnataka area and shall be deemed to have been constituted for the Bombay area, and

(b)a new Board shall be constituted for the Karnataka area within a period of [four] [Substituted, by G.S.R. 80, dated 10th January, 1962 with retrospective effect.] years from the appointed day:

Provided that in respect of the Karnataka area, the Government of Mysore shall, until a Board is duly constituted for the said area under Section 4 of the Act, perform the functions, discharge the duties and exercise the powers of the new Board and shall be deemed to be the new Board constituted under the Act for the said area.

4. Transfer of certain assets of existing Board.

- Subject to the other provisions of this Order, as from the appointed day, all machinery, stores, articles and other goods belonging to the existing Board and mentioned in Statements I, II and III shall pass to and vest in the new Board.

5. Liabilities for repayment of loans made to the existing Board.

- The existing Board shall continue to be liable to repay to the Government of Bombay all loans received by it up to the appointed day from the Government of Bombay together with the interest thereon for expenditure on account of schemes. For this purpose, the existing Board shall be eligible to retain all sums paid or payable into the Fund under Section 3 of the Act in respect of the period ending on the 31st October, 1956 (whether collected before or after that date). All sums of the like kind collected in respect of the Karnataka area for the period commencing on the 1st November, 1956, and ending on the appointed day shall be paid by the existing Board to the new Board.

6. Cash balances to continue to vest in existing Board.

- Subject to the other provisions of this Order, the balance standing to the credit of the Fund (including any securities in which the Fund is invested under Section 9 of the Act) and any cash balances held by the existing Board in any Bank, Treasury or sub-Treasury, immediately before the appointed day, shall continue to vest in and be held by the said Board as reorganised.

7. Contracts.

- Where, before the appointed day, the existing Board has made any contract, then the contract shall be deemed to have been made-

(a)by the new Board if the purposes of the contract as from the appointed day, are exclusively relatable to the Karnataka area, and

(b)by the existing Board, as reorganised, in any other case;

and accordingly, all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights and liabilities of the existing Board, be the rights and liabilities of the new Board or the reorganised existing Board, as the case may be.

8. Apportionment of expenditure of existing Board from 1st November 1956 to appointed day.

- The expenditure incurred by the existing Board for the period commencing on the 1st day of November, 1956, and ending with the appointed day, in respect of activities conducted by it in the Karnataka area, shall be reimbursed to it by the new Board.

9. Residuary provision.

- The benefit or burden of any assets or liabilities of the existing Board not dealt with in the foregoing provisions shall-

(a)if the assets are situated, or the liability arises, in the Karnataka area, pass to the new Board,

(b)in any other ease, continue to be the assets or liabilities of the existing Board as reorganised:

Provided that the initial allocation of the benefit or burden under this paragraph shall be subject to such financial adjustment as may be agreed upon between the parties concerned, or in default of such agreement, as the Central Government may direct.

10. Legal proceedings.

- Where, immediately before the appointed day, the existing Board is a party to any legal proceedings with respect to any property rights or liabilities transferred to the new Board under this Order, that Board shall be deemed to be substituted for the existing Board as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

11. Provisions relating to employees of existing Board.

(1)Every employee of the existing Board who, immediately before the appointed day, is serving in the Karnataka area, shall, as from that day, be deemed to have been allotted to serve in connection with the affairs of the new Board. A list of such employees is given in Statement IV.

(2)Nothing in this paragraph shall be deemed to affect the right of the new Board to determine after the appointed day, the conditions of service of persons allotted to it under sub-paragraph (1):Provided that the conditions of service applicable immediately before the appointed day to the case of any such person shall not be varied to his disadvantage, except with the previous approval of the Central Government.

12. Adaptations and modifications in the Act.

- As from the appointed day, the Act shall, until altered, repealed or amended by the competent Legislature of the State, have effect subject to the modifications specified in Schedule hereto annexed.

Schedule

[See paragraph 12]The Bombay Labour Welfare Fund Act, 1953(Bombay Act 40 of 1953)

1. For sub-section (2) of Section 1, the following sub-section shall be substituted, namely:-

"(2) It extends to the territories which immediately before the 1st day of November, 1956, were comprised in the State of Bombay, excluding the territory transferred to the new State of Rajasthan under Section 10 of the States Reorganisation Act, 1956 (37 of 1956)."

2. In Section 2,-

(i)in Clause (1) for the words "the Bombay Labour Welfare Board", the words "either of the Labour Welfare Boards" shall be substituted;(ii)after Clause (1), the following clause shall be inserted, namely:-"(la) "Bombay area" means the territories which immediately before the 1st day of November, 1956 were comprised in the State of Bombay excluding the Karnataka area and the territory transferred to the new State of Rajasthan under Section 10 of the States Reorganisation Act, 1956 (37 of 1956);"(iii)in Clause (6) for the words "Bombay Labour Fund", the words "either of the Labour Welfare Funds" shall be substituted;(iv)after Clause (8), the following clause shall be inserted, namely:-

(8A)"Karnataka area" means the Bijapur, Dharwar and Kanara districts, and the Belgaum district except the Chandgad taluka transferred from the former State of Bombay to the new State of Mysore."

3. After Section 2, the following section shall be inserted, namely:-

"2A. Construction of certain references in the Act. - In the application of the provisions of this Act to the Karnataka area, any reference therein to any expression mentioned in column 1 of the Table below shall be construed as a reference to the corresponding expression mentioned in column 2 of the said Table.TABLE

1	2
State Government or Government	.	.	Government of the State of Mysore.
Official Gazette	.	.	.	.	.	Official Gazette of the Mysore Government.
Bombay Public Trusts Act, 1950	.	.	.	Bombay Public Trusts Act, 1950 as in force in the Karnatakaarea.

4. For sub-section (1) of Section 3, the following sub-section shall be substituted:-

"3(1) The State Governments of Bombay and Mysore shall constitute a Labour Welfare Fund for the Bombay area and the Karnataka area respectively and notwithstanding anything contained in any other law for the time being in force, the sums specified in sub-section (2) shall be paid into the Fund."

5. In Section 4,-

(i)in sub-section (1), for the sentence beginning with "The State Government" and ending with "under this Act." the following shall be substituted, namely:-

"The State Governments of Bombay and Mysore shall, by notification in the Official Gazette, constitute a Board for the purpose of administering the Fund and to carry on such other functions assigned to the Board by or under this Act for the Bombay area and the Karnataka area respectively";

(ii)in sub-section (5), for the words "The Board shall be a body corporate by the name of the Bombay Labour Welfare Board" the following shall be substituted, namely:-

"The Board shall be known by the name of the Bombay Labour Welfare Board or, as the case may be the Mysore Labour Welfare Board and it shall be a body corporate";

(iii)after sub-section (5), the following sub-section shall be inserted, namely:-

"(6) Until a Board for the Bombay area is constituted in accordance with the provisions of sub-section (1), the existing Board functioning and operating immediately before the commencement of the Bombay Labour Welfare Board (Reconstitution) Order, 1959, shall be deemed to be the Board for the purposes of this Act for that area; and on the constitution of the Board under sub-section (1),-

(a)the existing Board shall stand dissolved:

(b)all properties, funds and dues which are vested in or realisable by the existing Board shall vest in, and be realisable by, the Board so constituted; and

(c)all liabilities which were enforceable against the existing Board shall be enforceable against the Board so constituted."

6. After Section 4, the following section shall be inserted, namely:-

"4A Powers of the Board in respect of the Karnataka area to be exercised by the Government of Mysore for certain period. - Notwithstanding anything contained in this Act, in respect of the Karnataka area, the Stale Government of Mysore shall, until the constitution of the Board under Section 4 which shall not be later than [four] [Substituted, by G.S.R. 80, dated 10th January, 1962 with retrospective effect.] years from the date of commencement of the Order made by the Central Government in respect of this Act under Section 4 of the Inter-State Corporations Act, 1957, perform the functions, discharge the duties and exercise the powers of such Board."Statement IList showing dead stock articles at Mill Road Centre, Hubli

SI. No.	Name of the article	No. or Qty.		Book value		Remarks
(1)	(2)	(3)		(4)		(5)
			Rs.	As.	Ps.
1	Chairs-with arms	10	160	0	0
2	Chairs-with spring cushion	1	22	0	0
3	Chairs-without arms	9	139	0	0
4	Chairs-without arms	9	126	0	0
5	Table with drawer	1	32	0	0
6	Table with side cupboard and drawer	1	130	0	0
7	Table with drawers	1	47	0	0
8	Table without drawers	5	300	0	0
9	Table withdrawer	1	35	0	0
10	Carromnbo and tables	4	90	0	0
11	Stools (ordinary)	1	8	0	0
12	Stools (ordinary)	2	18	0	0
13	Stools with shelves	2	36	0	0
14	Benches-plain	2	60	0	0
15	Benches with back	2	90	0	0
16	Benches plain	1	30	0	0
17	Benches with back	1	80	0	0
18	Wooden cupboards	2	330	0	0
19	Wooden cupboards	2	230	0	0
20	Wooden cupboards	1	123	12	0
21	Wooden cupboards	1	20	0	0
22	Show case	1
23	Wooden file races	1	28	0	0
24	Wooden file races	2	50	0	0
25	Rack for Dumbells	1	20	0	0
26	Black Board	1	14	8	0
27	Signboard	1	8	0	0
28	Small Sign Board	1	1	2	0
29	Notice Board	1	2	0	0
30	Parallel Bar	1		..
31	Malkhamb	1		..
32	Hand Harmonium	1	225	0	0
33	Tabla and dugga set	1	Set 65	0	0
34	Radio G.E.C.	1	587	1	0
35	Addagram	1	120	0	0
36	Sewing machine Usha with cap and stand	1	278	0	6
37	Sewing machine hand Usha without cap	1	185	0	0
38	Steel cabinet	1	292	3	0
39	Safe	1	447	3	0
40	Wall clock	1
41	Patromax lamp	1	59	11	6
42	Steel trunks	2	40	0	0
43	First Aid Box	1	..	..	..
44	Aluminium pots with lid	1	4	8	0
45	Steel spoon	1	2	3	0
46	Brass pot (big)	1	..	..	..
47	Brass pot (lota)	1	3	5	0
48	Brass (glasses) watis	7	4	7	4
49	Brass cups	6	..	..	..
50	Brass (glasses)	2	2	10	6
51	Brass saucers	6	..	..	..
52	Brass cup	1	..	..	..
53	Loud speaker	1	..	..	..
54	Wooden trays	4	20	0	0
55	Wooden trays	1	..	..	..
56	Wooden trays	5	..	..	..
57	Cheap wooden box	1	10	0	0
58	Usha foot sewing machine with stand	1	235	0	0
59	Wooden devdari boxes	3	21	0	0
60	Chairs without arms	2	28	0	0
61	Chairs without arms	1	14	15	3
62	Scale with weights	1	..	..	..
			2926	10	1

Statement IIList of Dead Stock articles, Labour Welfare Centre, Old Hubli

SI.No.	Name of the article	No. or Qty.	Book value	Remarks
			Rs.	As.	Ps.
1.	Table with two drawers and side	1	22	0	0
2.	Without side cupboard, cupboard	1	15	0	0
3.	With drawers	2	44	0	0
4.	With drawers	1	47	8	0
5.	With arms	4	16	0	0
6.	Chairs with arms	1	5	0	0
7.	Chairs with arms	1	6	0	0
8.	Chairs with arms	4	64	0	0
9.	Cupboard	1	25	0	0
10.	Cupboard in Devdari	1	4	8	0
11	Cupboard for Libraries	7	135	0	0
12	Show cupboard	1	5	0	0
13	Light wooden cupboard	1	5	5	9
14	Stools (1 big and 1 small)	2	4	0	0
15	Black Board with stand	1	4	0	0
16	Stell cabinet	1	92	3	0
17	Notice Board, small	2	4	0	0
18	File rack of steel	1	61	0	0
19	Small size (steel trunks)	3	13	8	0
20	Middle size (steel trunks)	6	78	13	9
21	Big size (steel trunks)	11	176	0	0
22	Wall clock (square)	1	..	..	..
23	Radio G.E.C.B.C. 4972R	1	535	15	0
24	Harmonium	1	60	0	0
25	Table and dugga	1	Set 17	0	0
26	Complaint box	1	9	4	6
27	Sign Board (big)	1	20	0	0
28	Desks box and 3 ordinary	4	14	0	0
29	Sewing machine with cover and stand (single)	1	180	0	0
30	Usha hand sewing machine without cover	1	185	0	0
31	Usha leg machine without cover	1	235	0	0
32	Looking glass	1	6	4	0
33	Benches plain	2	11	0	0
34	Benches small		11	0	0
35	Benches small	2	12	0	0
36	Benches small	2	44	0	0
37	Brass pot small	1	2	9	9
38	Big bogani with plate	1
39	Brass glasses	2	2	10	6
40	First aid box	1	..	..	..
41	Addogram	1	120	0	0
42	Stainless steel spoons	1	2	8	0
43	Aluminium pot with lid	1	4	8	0
44	Big balance	1	..	..	..
45	Small balance	1	..	..	..
46	Weight for balance 14 lbs.	1	..	..	..
47	Weight for balance 7 lbs.	1	..	..	..
48	Weight for balance 41 lbs.	1	..	..	..
49	Weight for balance 21 lbs.	1	..	..	..
50	Weight for balance 1 lbs.	2	..	..	..
51	Weight for balance 1/2 lbs.	2	..	..	..
52	Weight for balance 1/4 lbs.	2	..	..	..
53	Weight for balance 1/8 lbs.	2	..	..	..
54	Weight for balance 1/16 lbs.	2	..	..	..
55	Cutting plier	1	4	8	0
56	Hammer	1	2	1	0
57	Spanner	1	4	2	0
58	Screw driver	1	1	0	0
59	Pinjan set	2	..	..	..
60	Carrom table	2	26	0	0
61	Chairs	4	54	0	0
62	Stools	4	36	0	0
63	Wooden devdari	1	7	0	0
64	Carning Machine	1	..	..	..
65	Charka Falka	5	..	..	..
66	Handloom parts	..	..	..	..
67	Charka boxes	13	..	..	..
			2,645	5	9

Statement IIIList of Dead Stock articles, Labour Welfare Centre, Gadag

SI. No.	Name of the article	No. or Qty.	Book value	Remarks
(1)	(2)	(3)		(4)		(5)
			Rs.	As.	Ps.
1	Usha (foot machine)	1	230	0	0
2	Tailor model	1	278	5	6
3	Chairs without arms	20	240	0	0
4	Chairs without arms
5	Radio G.E.C. model	1	495	0	0
6	Volley ball poles	1	Pair 30	0	0
7	Square wooden	..	..	..	..
8	Malkam (Teak)	1	150	0	0
9	Parallel Bar (Adjustable)	1	225	0	0
10	Office clock (cast iron)	1	72	0	0
11	Table Dagga (khinwood)	1	Set 45	0	0
12	Leg Harmonium	1	350	0	0
13	Benches (Teak wood)	4	100	0	0
14	Office Table (Teak wood)	1	50	0	0
15	File rack (Teak wood)	1	32	0	0
16	Carrom Tables (Teak wood)	4	90	0	0
17	Stool (Teak wood)	1	0	0	0
18	Cupboard (Teak wood)	2	230	0	0
19	Reading room table (Teak wood)	1	65	0	0
20	Godrej Storewel	1	223	2	0
21	Loud speaker (Aluminium)	1	41	12	3
22	Electric Table Lamp	1	..	..	..
23	Steel cash box	1	54	3	0
24	Usha machine stand	1	..	..	..
25	Usha machine stand	1	..	..	..
26	Sewing machine top	1		..
27	Mirror size 12" x 9"	1	6	0	0
28	Aluminium Tepetas lid	1	5	3	0
29	Mug (Aluminium)	1	0	6	0
30	Mug (Aluminium)	1	0	12	0
31	Spoon (Stainless steel)	1	1	8	0
32	First Aid Box (Steel)	1		..
33	Fibre spinning charkas	6		..
34	Batara weaving looms	2		..
35	Throdlp rViarka	2		..
36	Rope ply making machine	3		..
37	Usha foot sewing machine with stand	1	235	0	0
38	Cupboard	1	70	0	0
39	Bench	1	27	0	0
			3,356	3	9

Statement IV

		Present pay Rs.	D.A. Rs.	H.R.A. Rs.
Labour Welfare Centre, Mill Road, Hubli
Welfare Organiser
Rs.80-4-100-5-125
1. Shri N.B. Baichwal	Welfare Organiser	110 p.m.	50	10
Cleaner	*Cleaner	34-50	40	5
Rs. 30-1/2-35
2. Shri T.A. Jadhav.*
Lady Part Time Worker
Rs. 35 p.m. fixed.
3. Smt. S.E. Salins	Lady part Time Worker.	35	35	"
Part Time Worker
Rs. 30 p.m. fixed.
4. Shri S.T. Munnawalli	Male Part Time Worker	30	35	"
Labour Welfare Centre, Old Hubli
Welfare Organiser
Rs. 80-4-100-5-125
1. Shri C.J. Deviah	Welfare Organiser	125p.m.	45	7
Cleaner
Rs. 30-1/2-35
2. Shri T.U. Meherwade	Cleaner	31	40	"
Lady Part Time Worker
Rs. 35 p.m. fixed.
3. Smt. Ambabai Basrur	Lady Part Time Worker.	35	35	"
Part Time Worker
Rs. 30 p.m. fixed.
4. Shri J.T. Kalkotti	Male Part Time Worker.	30	35	"
GADAG-
Welfare Organiser
Rs. 80-4-100-5-125.
1. Shri V.R. Devangnath	Welfare Organiser	92	45	"
Cleaner
Rs. 30-1/2-35
2. Shri B.D.Chalwadi	Cleaner	31-50	40	"
Lady Part Time Worker
Rs. 35 p.m. fixed.
3. Kum. Mary A. Dastury	Lady Part Time Worker.	35	35	"
Male Part Time Worker
Rs. 30 p.m. fixed.
4. Shri G.C. Gangawati	Male Part Time Worker	30	35	"

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