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The Andhra Pradesh Relief, Undertakings (Special Provisions) Act, 1971.

Andhra Pradesh · state statute
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THE ANDHRA PRADESH RELIEF UNDERTAKINGS
(SPECIAL PROVISIONS) ACT, 1971
ACT NO. 19 OF 1971
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Declaration of relief undertakings
4. Power to direct industrial relations and other facilities temporarily for
relief undertaking
5. Power of Government to amend the Schedules
6. Notifications to be laid on the table of the Legislature
7. Repeal of Ordinance 2 of 1971
 SCHEDULES
THE ANDHRA PRADESH RELIEF UNDERTAKINGS
(SPECIAL PROVISIONS) ACT, 1971
ACT No. 19 OF 1971
AN ACT TO MAKE SPECIAL PROVISIONS FOR A LIMITED PERIOD IN
RESPECT OF INDUSTRIAL RELATIONS AND OTHER MATTERS TO
ENABLE THE GOVERNMENT TO CONDUCT CERTAIN INDUSTRIAL
UNDERTAKINGS AS A MEASURE OF UNEMPLOYMENT RELIEF OR
OF PREVENTING UNEMPLOYMENT IN THE STATE OF ANDHRA
PRADESH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Twenty-second Year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Relief, Undertakings (Special Provisions) Act, 1971.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 6th May, 1971.
2. Definitions - In this Act, unless the context otherwise requires,-
(1) "Government" means the State Government;
(2) "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 β€œindustrial”
shall be construed accordingly;
(3) "notification" means a notification published in the Andhra Pradesh
Gazette;
(4) "relief undertaking" means an industrial undertaking in respect of
which a declaration under section 3 is in force.
3. Declaration of relief undertakings  -(1) If, at any time, it appears
necessary to the Government so to do, they may, by notification, declare that
any industrial undertaking specified in the first Schedule to this Act, whether
started, acquired or otherwise taken over by the Government and carried on or
proposed to be carried on by the Government or under their authority, or to
which any loan, guarantee or other financial assistance has been provided by
the Government, shall, with effect on and from the date specified for the
purpose in the notification, be conducted to serve as a measure of
unemployment relief or of preventing unemployment; and every such
undertaking shall be deemed to be a relief undertaking for the purposes of this
Act.
(2) A notification under sub-section (1) shall have effect for such period
not exceeding twelve months as may be specified 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 all the periods in the
aggregate do not exceed five years.
4. Power to direct industrial relations and other facilities temporarily for
relief undertaking - (1) Notwithstanding any law, usage, custom, contract,
instrument, decree, order, award, submission, settlement, standing order or
other provision whatsoever the Government may, by notification, direct that-
(a) in relation to any relief undertaking and in respect of the period
of which the relief undertaking continues as such under sub-
section (2) of section 3-
(i) all or any of the laws in the Second Schedule to this Act or
any provisions thereof shall not apply or shall, if so directed
by the Government, be applied with such modifications, not
affecting the policy of the said Law, as may be specified in
the notification;
(ii) all or any of the agreements, settlements, awards or
standing orders made under any of the laws in the Second
Schedule to this Act, which may be applicable to the
undertaking immediately before it was acquired or taken
over by the Government or before any loan, guarantee or
other financial assistance was provided to it, by, or with the
approval of the Government, for being run as a relief
undertaking, shall be suspended in operation, or shall, if so
directed by the Government, be applied with such
modifications as may be specified in the notification;
(iii) rights, privileges, obligations and liabilities shall be
determined and be enforceable in accordance with sub-
clauses (i) and (ii) and the notification;
(iv) any right, privilege; obligation or liability accrued or
incurred before the undertaking was declared a relief
undertaking and any remedy for the enforcement thereof
shall be suspended and all proceedings relative thereto
pending before any court, tribunal, officer or authority shall
be stayed.
(b) the right, privilege, obligation or liability referred to in sub-
clause (iv) of clause (a), shall, on the notification ceasing to have
force, revive and be enforceable and the proceedings referred to
therein shall be continued:
Provided that in computing the period of limitation for the
enforcement of such right, privilege, obligation or liability, the
period during which it was suspended under sub-clause (iv) of
clause (a) shall be excluded notwithstanding anything contained in
any law for the time being in force.
(2) 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, and the provisions of section 15 of the Andhra
Pradesh General Clauses Act, 1891 (Andhra Pradesh Act 1 of 1891), shall apply
to the power to issue such notification.
(3) Nothing in this section shall affect the rights, privileges, obligations
and liabilities accruing from or arising out of any contract, agreement,
assurance of property, settlement, award, standing order or other instrument
in force, decree, judgment or final order of a court to which the Central
Government or any institution wholly or partly financed by that Government is
a party or with which the Central Government is concerned.
5. Power of Government to amend the Schedules - The Government may, by
notification, add to, alter or amend the First Schedule or the Second Schedule
and on any such notification being issued the First Schedule or the Second
Schedule, as the case may be, shall be deemed to be amended accordingly:
Provided that any notification to add to, alter or amend the Second
Schedule shall be issued only after obtaining the concurrence of the Central
Government.
6. Notifications to be laid on the table of the Legislature - Every notification
issued under section 3 or section 4 or section 5 shall immediately after it is
issued be laid before each House of the State Legislature if it is in session and
if it is not in session, in the session immediately following, for a total period of
fourteen days which may be comprised in one session or in two successive
sessions and if, before the expiration of the session in which it is so laid or the
session immediately following both Houses agree in making modification in the
notification, or in the annulment of the notification, the notification shall, from
the date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, as the case may be, so however
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that notification.
7. Repeal of Ordinance 2 of 1971 - The Andhra Pradesh Relief Undertakings
(Special Provisions) Ordinance, 1971, is hereby repealed.
THE FIRST SCHEDULE
[Section 3 (1)]
Industrial Undertakings
1. The Azam Jahi Mills, Limited, Hyderabad.
2. The Netha Co-operative Spinning Mills, Limited, Hyderabad.
THE SECOND SCHEDULE
[Section 4 (1)]
Central Acts
1. The Industrial Employment (Standing Orders) Act, 1946 (XX of 1946).
2. The Industrial Disputes Act, 1947 (XIV of 1947).
ANDHRA PRADESH ACT
The Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964).

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