The rajasthan relief undertakings (special provisions) act, 1961

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THE RAJASTHAN RELIEF UNDERTAKINGS 
(SPECIAL PROVISIONS) ACT, 1961 
(Act No. 9 of 1961) 
 
 [Received the assent of the President on the 31st day of March, 1961.] 
 
 1[An Act to make special provisions to enable certain industrial undertakings to attain 
revival and to offer continued employment to their employees, by declaring them as Relief 
Undertakings, and for other matters connected therewith.] 
 
 Be it enacted by the Rajasthan State Legisl ature in the Twelfth Year of the Republic 
of India as follows:— 
 
 1. Short title, extent and commencement.—(1) This Act may be called the Rajasthan 
Relief Undertakings (Special Provisions) Act, 1961. 
 
 (2) It extends to the whole of the State of Rajasthan. 
 
 (3) It shall come into force at once. 
 
 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, b y notification in the official 
Gazette, declare that an industrial undertaking specified in the notification, whether started, 
acquired, or otherwise taken over by the State Government, or in respect of which a notified 
order under section 18 -A of the Industries (Development and Regulation) Act, 1951 
(Central Act 65 of 1951) is in operation, and carried on, or proposed to be carrie d on, by 
itself, or under its authority, 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, be a relief undertaking for the purposes of this Act. 
 
 2[Explanation.—The issuance and publication of a notification under sub-section (1) 
in respect of any industrial undertaking shall not have the effect of treating the employees 
of that industrial undertaking as Government Servant s unless they are specifically 
appointed as such in writing, by a special order of the State Government, issued subsequent 
to the said notification, to manage the affairs of that industrial undertaking.] 
                                                 
 1. Substituted by section 2 of Rajasthan Act No. 20 of 1999, published in Rajasthan Gazette, Part IV-A, 
Extraordinary, dated 30-9-1999. 
 2. Inserted by section 3 of Rajasthan Act No. 20 of 1999, published in Rajasthan Gazette, Part IV-A, 
Extraordinary, dated 30-9-1999. 
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 (2) A notification under sub -section (1) shall have  effect for such period not 
exceeding two years 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 the total period in the aggregate does not exceed 1[twenty years]. 
 
 4. Power to specify industrial relation and other facilities temporarily for relief 
undertaking.—(1) Notwithstanding any law, usage, custom, contract, instrument, decree, 
order, award, submission, settlement, standing  order or other provisions whatsoever, the 
State Government 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 mentioned in the Schedule to this Act or any 
provisions thereof shall not apply (and such relief undertaking shall be exempted 
therefrom) or shall, if so directed by the State Government, be applied with  such 
modifications (which do not how ever affect the policy of the said laws) as may 
be specified in the notification; and 
 
 (ii) all or any of the agreements, settlements, awards or standing orders made 
under any of the laws mentioned 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 or before the issue of the notified order in respect thereof 
under section 18 -A of the Industries (Development and Regulation) Act,  1951 
(Central Act 65 of 1951), or before any loan, guarantee, or other financial 
assistance was provided to it, by the State Government, 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; and 
 
 (b) no suit or other legal proceeding shall be instituted or commenced or if 
pending, shall be proceeded with, against any industrial undertaking during the period 
in which it remains a relief undertaking. 
 
 Explanation.—“Legal proceeding” means any proceeding under any law before any 
court, tribunal, officer, authority or arbitrator, started on a plaint, petition of appeal, 
application, reference, or otherwise. 
 
 2[Provided that a notification issued under th is Act shall have no effect in respect of 
any law, legal proceedings, agreement, settlement, award, standing order or the like relating 
to the payment of wages to the workmen of the industrial undertaking specified in the said 
notification: 
 
 Provided further that with the issuance and publication of notification under section 3 
or section 4 of the Act, the State Government shall, in no case, be liable for payment of the 
wages or any other financial obligations or otherwise on behalf of the industrial 
undertaking specified in the said notification.] 
                                                 
 1. Substituted by section 3 of Rajasthan Act No. 20 of 1999, published in Rajasthan Gazette, Part IV-A, 
Extraordinary, dated 30-9-1999. 
 2. Inserted by section 2 of Rajasthan Act No. 20 of 1999, published in Rajasthan Gazette, Part IV-A, 
Extraordinary, dated 30-9-1999. 
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 (2) The period, during which any suit or legal proceeding cannot be instituted or 
commenced because of the provisions of clause (b) of sub-section (1), shall be excluded in 
computing the period of limitation prescribed by the Indian Limitation Act, 1908 (Central 
Act 9 of 1908), or any other law for the time being in force, for such suit or proceeding. 
 
 (3) 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. 
 
 5. Repeal.—Rajasthan Relief Undertakings (Special Provisions) Ordinance, 1960 
(Rajasthan Ordinance 16 of 1960) is hereby repealed. 
 
SCHEDULE 
 
(Section 4) 
 
1. The Industrial Employment (Standing Orders) Act, 1946 (Central Act 20 of 
1946). 
2. The Industrial Disputes Act, 1947 (Central Act 14 of 1947), as amended by the 
Industrial Disputes (Rajasthan Amendment) Act, 1958 (Rajasthan Act 34 of 
1958). 
3. The Minimum Wages Act, 1948 (Central Act 11 of 1948). 
4. The Rajasthan Shops and Commercial Establishments Act, 1958 (Rajasthan Act 
31 of 1958). 
 
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