The Industrial Disputes ( West Bengal Amendment ) Act, 1971

Zegfstsred No.C207 	 No. 410A(V) 
Tatruita (6azritr 
Extraordinary 
Published by Authority 
13H.ADRA 6] 
	 SATI -RD1Y„-V1G15"1:` -);S, 1071 	
( SA KA 1893 
PART V.—Acts of the Parliament of India assented to by the President and Acts enacted and Ordinances 
promulgated by the President. 
GOVERNMENT OF INDIA 
MINISTRY OF LAW AND JUSTICE 
(Legislative Department) 
iV(a ,  D1jj, th( 2sth August, /971 812niirc: 6. 
1893 iSaka). 
The 1olowing President's Act enacted on the 28th 
August, 1971. is published Ln general information 	  
THE INDUSTRIAL DISPUTES (WEST BENGAL 
AMENDMENT) ACT, 1971. 
No. 8 oi 1971 
Enacted by the President in the Twentv-second Year of the 
Republic of India, 
31 of 1Wil. 
An Act further tv .  amend the Industria! Disputes Act. 1947, 
in its application to the State of West Bengal. 
In vxercise of the powers conferred by section 3 of the 
West Bengal State Legislature. kDe legamion of Powers) Act, 
(071, the l'ri.sident is pleased to enact as follows: 
1. This Act. 'nay be called the Industrial Disputesi (West Short title. 
Bengal Amendment) Act, 1971, 
2. The Industrial Disputes Act. 1947 Olereinafter reterr- 
14 of 1947, ed 	 to as the principal Art), shall, in its application to the 
State of Wvsi: Bengal, be amended for the purpose and in 
(11c manner hereinafter provided, 
App1ie.a-
tion. 
1632(a) 
25FFA. (1) An employer who intends 
to close down an undertaking shall 
serve, at least sixty days before the 
date on which the intended closure is 
to become effective, a notice, in the prescribed 
manner, on the State Government stating clearly 
the reasons for the intended closure of the under-
taking: 
' -Sixty days' notice 
to be given of inten-
tion to close dow-n 
any undertaking. 
30A. Any employer who closes down 
any undertaking without complying 
with the provisions of section 25FFA. 
shall be punishable with imprisonmeat lot a term 
which may extend to six months and with lino 
which may extend to five thousand ropees.". 
"Penalty for closure 
without not ice. 
  
• 
      
• 
16'32(0 THE CALCUTTA GAZETTE. EXTRAORDINARY, AUGUST 28, 1971 	 [PART V 
         
         
         
insertion 
of new 
section 
725IFFA. 
3. After section 25FF of the principal Act, the follow-
ing section shall be inserted. namely:— 
Provided that nothing in this section shall apply to— 
(a) an undertaking in which nor more than fifty work-
men are employed or were employed on any 
day of the preceding twelve months ; 
tb) a branch establishment, in the State of West Bengal, 
of— 
(I) an establishment, being a company registered. j 
under the Companies Act, 1956. having regis-
tered office outside the said State, or 
(ii) any other establishment, having head office out-
side the said State, 
where the closure of such branch establishment ha 
become necessary consequent on the closure of the regis-
tered office or the head office, as the case may be, of that 
establishment or that other establishment. 
(2) Notwithstanding 	 anything contained in sub-section; 
if), the State Government may, if it is satisfied 
that owing to such exceptional circumstances as 
accident in the undertaking or death of the em-
ployer or the like it is necessary so to do. by' 
order. direct that provisions of sub-section (1> 
shall not apply in relation to such undei taking for' 
such period as may be specified in the order.". 
of 195G. 
Insert ion 
of new 
sect ion 
4. After section 30 of the principal Act, tha following. 
section shall be inserted, namely: 
V. V. r.; IR , 
President 
N. D. P. NAMBOODIRIPAD. 
Joint Secy. to the Govt. of 'India. 
• 
PART VI 	 THE CALCUTTA GAZETTE, EXTRAORDINARY, AUGUST 28, 1971 	 1632(c) 
REASONS FOR THE ENACTMENT 
In the recent past a number of industrial establishments  
have closed down in West Bengal leading to loss of produc-
tion and great hardships to the workers. There is at  
present no legal bar to the employers declaring sudden 
closures ; under the Industrial Disputes Act, they are requir-
ed to give either one month's notice or pay Nvages in lieu of 
notice to the workmen. Government consider that it should 
have an opportunity to go into the causes of closures and 
take such steps as it may think necessary for avoiding the 
closures. A compulsory notice of sixty days for this purpose 
is being provided for by suitable amendment of the Industrial 
Disputes Act. 19-47. 
2. The requirement of prior notice before closure shall 
not apply, however. in respect of (a) small establishments 
employing less than fifty workmen, (b) closure of branch 
establishments situated in the State of %Vest Bengal in con-
sequence of the closure of registered office or the head offiee, 
as the case may be, of establishments situated outside that 
State. Provision is also being; made to grant exemptions from 
the requirement of prior notice in certain exceptional circum-
stances, such as. accident in the undertaking, death of the 
employer or the like. The proposed section 30A lays down 
the penalty for closing down any undertaking without the 
prescribed notice. 
3. The Committee constituted under the proviso to sub-
section ( .3‘ of section 3 of the West Bengal State Legislature 
(Delegation of Powers) Act. 1971 (31 of 1971). has been con-
sulted be:' ,:ve the enactment of this measure as a President's 
Act. 
P. M. NAYAK. 
Secretary to the Govt. of India. 
Department of Labour and Emplownent. 
l'iintwit 	 tho : ,:uporintenitent. Uctvernment Printing, We:it. Beugal. 

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