LexThe Maharashtra Relief Undertakings (Special Provisions) Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1958 : XCVI] 1
THE MAHARASHTRA RELIEF UNDERTAKINGS
(SPECIAL PROVISIONS) ACT
[Text as on 23rd November 2023]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and extent.
2. Definitions.
3. Declaration of relief undertaking.
4. Power to prescribe industrial relations and other facilities temporarily for relief undertaking.
SCHEDULE
2 The Maharashtra Relief Undertakings [1958 : XCVI
(Special Provisions) Act
1958 : XCVI] The Maharashtra Relief Undertakings 3
(Special Provisions) Act
LIST OF AMENDMENT ACTS
1. Amended by Bom. 1 of 19601
2. Adapted and modified by the Maharashtra Adaptatio n of Laws (State and C oncurrent
Subjects) Order, 1960.
3. Amended by Mah. 26 of 19642
4. Amended by Mah. 11 of 1969
5. Amended by Mah. 24 of 2012 (22-8-2012)
1 Bombay Ordinance No. V of 1959 was repealed by Bom. 1 of 1960, s. 6.
2 Maharashtra Ordinance No. III of 1964 was repealed by Mah. 26 of 1964, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Relief Undertakings [1958 : XCVI
(Special Provisions) Act
1958 : XCVI] The Maharashtra Relief Undertakings 5
(Special Provisions) Act
ACT No. XCVI OF 19581
[THE MAHARASHTRA RELIEF UNDERTAKINGS (SPECIAL PROVISIONS) ACT.]
[This Act received the assent of the President on the 23rd November 1958; assent was first published
in Bombay Government Gazette, Extraordinary, Part IV, on 2nd December 1958.]
An Act to make temporary provisions for industrial relations and other matters to enable
the State Government 2[to conduct, or to provide loan, guarantee or financial assistance
for the conduct of, certain industrial undertakings as a measure of preventing
unemployment or of unemployment relief].
WHEREAS it is expedient to make temporary provisions for industrial relations and other matters
to enable the State Government 3[to conduct, or to provide loan, guar antee or financial assistance for
the conduct of, certain industrial undertakings as a meas ure of preventing unemployment or of
unemployment relief];
It is hereby enacted in the Ninth Year of the Republic of India as follows :—
1. Short title and extent. — (1) This Act may be called 4[the Maharashtra Relief Undertakings
(Special Provisions) Act].
(2) It extends to the whole of the 5[State of Maharashtra].
2. Definitions.— In this Act, unless the context otherwise requires,—
(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;
(2) “relief undertaking” means an industrial undertaking in respect of which a declaration under
section 3 is in force.
3. Declaration of relief undertaking. — (1) If at any time it appears to the State Government
necessary to do so, the State Government may, by noti fication in the Official Gazette, declare that an
industrial undertaking specified in the notification whether started, acquired or otherwise taken over by
the State Government, and carried on or proposed to be carried on by itself or under its authority, 6[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, 7[be conducted] to serve as
a measure 8[of preventing unempl oyment or ] of unemployment relief and the undertaking shall
accordingly 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 9[twelve months] at a time, so however that all the periods in
the aggregate do not exceed 10[fifteen years].
4. Power to prescribe industrial relations and other facilities tem porarily for relief
undertaking.— (1) Notwithstanding any law, usage, custom, contract, instrument, decree, order,
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Part V., pp. 206 and 207.
2 These words were substituted for the words “to conduct industrial undertakings as a measure of unemployment relief”
by Bom. 1 of 1960, ss. 2 and 3.
3 These words were substituted for the words “to conduct industrial unde rtakings as a measure of unemployment relief”
by Bom. 1 of 1960, ss. 2 and 3.
4 The short title was amended for the existing short title “the Bombay Relief Undertakings (Special Provisions) Act, 1958”
by Mah. 24 of 2012, ss. 2 and 3, Schedule entry 71, w.e.f. 1-5-1960.
5 These wards were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
6 These words were inserted by Bom. 1 of 1960, s. 4(1)(a).
7 These words were substituted for the words “be so carried on” by Bom. 1 of 1960, s. 4(1)(b).
8 These words were inserted by Bom. 1 of 1960, s. 4(1)(c).
9 These words were substituted for the words “six months” by Bom. I of 1960, s. 4(2)(a).
10 These words were substituted for the words “ten years” by Mah. 11 of 1969, s. 2.
6 The Maharashtra Relief Undertakings [1958 : XCVI
(Special Provisions) Act
award, submission, settlement, standing order or other provision whatsoever, the State Governmen t
may, by notification in the Official Gazette, direct that—
(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—
(i) all or any of the laws in the S chedule to this Act or any provisions thereof
shall not apply (and such relief undertaking shall be exempt 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;
(ii) all or any of the agreements, settlements, awards or standing orders made
under any of the laws 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
1[or before any loan, guarantee or other financial assistance was provided to it by, or
with the approval of, the State Government,] for being run as a relief undertaking, 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;
(iii) rights, privileges, obligations and liabilities shall be determined and be
enforceable in accordance with 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 pen ding before any
court, tribunal, officer or authority shall be stayed;
(b) the right, privilege, obligation or liability referred to in clause ( a) ( iv) shall, on the
notification ceasing to have force, revive and be enforceable and the proceedings referre d to
therein shall be continued:
Provided that in computing the period of limitation for the enforcement of such right,
privilege, obligation or liab ility, the period during which it was suspended under clause ( a) (iv)
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 21 of the 2Bombay General Clauses Act, 1904 (Bom. I of 1904) , shall apply to the power to
issue such notification.
1 These words were inserted by Bom. I of 1960, s. 5.
2 The short title of the Act was amended as “the Maharashtra General Clauses Act” by Mah. 24 of 2012, ss. 2 and 3,
schedule entry w.e.f. 1-5-1960.
1958 : XCVI] The Maharashtra Relief Undertakings 7
(Special Provisions) Act
SCHEDULE
Central Acts.
1. The Industrial Employment (Standing Orders) Act, 1946 (XX of 1946).
2. The Industrial Disputes Act, 1947 (XIV of 1947).
Bombay Acts.
3. 1[The Bombay Industrial Relations Act, 1946 (Bom. XI of 1947).
4. 2[The Bombay Shops and Establishments Act, 1948 (Bom. LXXIX of 1948).
Madhya Pradesh Acts.
5. The Central Provinces and Berar Shops and Establishments Act, 1947 (C. P. and Berar Act No.
XXII of 1947).
6. The Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (C. P. and Berar Act
No. XXIII of 1947).
3[* * *]
Hyderabad Act.
8. The Hyderabad Shops and Establishments Act, 1951 (Hyd. Act X of 1951).
1 Short title of the Act was amended as “the Maharashtra Industrial Relations Act” by Mah. 24 of 2012, ss. 2 and 3,
Schedule entry 25, w.e.f. 1-5-1960.
2 Short title of the Act was amended “the Maharashtra shops and Establishments Act.” by Mah. 24 of 2012, ss. 2 and 3
Schedule entry 34, w.e.f. 1-5-1960.
3 Entry 7 was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.