The West Bengal Relief Undertakings ( Special Provisions ) Act, 1972

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XIII of 1972 
THE WEST BENGAL RELIEF UNDERTAKINGS 
(SPECIAL PROVISIONS) ACT, 1972. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 4th May, 1972.] 
[4th May, 1972.] 
An Act to enable the State Government to make special provisions for a 
limited period in respect of industrial relations, financial obligations 
and other like matters in relation to industrial undertakings the 
running of which is considered essential as a measure of preventing, 
or ofProviding relief against, unemployment. 
WHEREAS it is expedient to enable the State Government to make 
special provisions for a limited period in respect of industrial relations, 
financial obligations and other like matters in relation to industrial 
undertakings the running of which is considered essential as a measure 
of preventing, or of providing relief against, unemployment; 
It is hereby enacted in the Twenty-third Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Relief Undertakings 
(Special Provisions) Act, 1972. 
(2) It extends to the whole of West Bengal. 
2. In this Act unless the context otherwise requires,— 	 Definitions, 
(1) "Government company" has the meaning assigned to it in 
I of 1956. 	 section 617 of the Companies Act, 1956; 
(2) "industry" means any business, trade, undertaking, manufacture 
or calling of employers and includes any calling, service, 
employment, handicraft or industrial occupation or avoca-
tion of workmen, and the word "industrial" shall be cons-
trued accordingly; 
(3) "notification" means a notification published in the Official 
Gazette; 
(4) "relief undertaking" means a State industrial undertaking in 
respect of which a declaration under section 3 is in force; 
Short title 
and extent. 
105 
The West Bengal Relief Undertakings (Special Provisions) 
Act, 1972. 
[West Ben. Act 
(Sections 3, 4.) 
Declaration 
of relief 
undertaking. 
Application 
of certain 
enactments 
and 
contracts, 
agreements, 
etc., to relief 
undertaking. 
(5) "State industrial undertaking" means an industrial undertaking— 
(a) which is started or which, or the management of which, is 
under any law or agreement acquired or otherwise taken 
over by the State Government or by a Government 
company and is run or proposed to be run by, or under 
the authority of, the State Government or a Government 
company; or 
(b) to which any loan, advance, or grant has been given, or in 
respect of any loan whereof, a guarantee has been given, 
by the State Government or a Government company. 
3. The State Government may, if it is satisfied that it is necessary or 
expedient so to do in the public interest, with a view to enabling the 
continued running or re-starting of a State industrial undertaking as a 
measure of preventing, or of providing relief against, unemployment, 
declare, by notification, that the State industrial undertaking shall, on 
and from such date and for such period as may be specified in the noti-
fication, be a relief undertaking: 
Provided that the period so specified shall not, in the first instance, 
exceed one year but may, by a like notification, be extended, from time to 
time, by any period not exceeding one year at any one time, so, however, 
that no notification issued under this section shall in any case remain 
in force for more than five years in the aggregate. 
4. The State Government may, if it is satisfied that it is necessary 
or expedient so to do for the purposes specified in section 3, direct, by 
notification,— 
(a) that in relation to any relief undertaking all or any of the 
enactments specified in the Schedule to this Act shall 
not apply or shall apply with such adaptations, whether by 
way of modification, addition or omission (which does 
not, however, affect the policy of the said enactments), as 
may be specified in such notification; or 
(b) that the operation of all or any of the contracts, assurances of 
property, agreements, settlements, awards, standing orders 
or other instruments in force (to which any relief undertaking 
is a party or which may be applicable to any relief 
undertaking) immediately before the date on which the 
State industrial undertaking is declared to be a relief 
undertaking, shall remain suspended or that all or any of the 
rights, privileges, obligations and liabilities accruing or 
arising thereunder before the said date, shall remain 
suspended or shall be enforceable with such modifications 
and in such manner as may be specified in such notification. 
106 
The West Bengal Relief Undertakings (Special Provisions) 
Act, 1972. 
XIII of 1972.] 
(Sections 5-8.) 
5. A notification issued under section 4 shall have effect 
notwithstanding anything to the contrary contained in any other law, 
agreement or instrument or any decree or order of a court, tribunal, officer 
or other authority. 
6. Any remedy for the enforcement of any right, privilege, obligation 
or liability referred to in clause (b) of section 4 and suspended or modi-
fied by a notification under that section shall, in accordance with the 
terms of the notification, be suspended or modified, and all proceedings 
relating thereto pending before any court, tribunal, officer or other 
authority shall accordingly be stayed or be continued subject to such 
modification, so, however, that on the notification ceasing to have 
effect— 
Overriding 
effect of 
notification 
under 
section 4. 
Suspension 
or modi-
fication of 
certain 
remedies, 
rights, etc., 
stay of 
proceedings, 
their revival 
and conti-
nuance. 
any right, privilege, obligation or liability so suspended or 
modified shall revive and be enforceable as if the notifi-
cation had never been issued; and 
(b) any proceeding so stayed shall be proceeded with subject to the 
provisions of any law which may then be in force from the 
state which had been reached when the proceeding was 
stayed. 
7. In computing the period of limitation for the enforcement of any Period of 
right, privilege, obligation or liability referred to in clause (b) of limitation. 
section 4, the period during which it or the remedy for the enforcement 
thereof was suspended, shall be excluded. 
8. (1) The State Government may, subject to the condition of Power to 
previous publication, make rules to carry out the provisions of this Act. make rules. 
(2) In particular and without prejudice to the generality of the fore-
going power, such rules may provide for all or any of the following 
matters, namely :— 
(a) the rates of wages payable to the workmen and their workloads 
and the salary payable to the staff, the payment of bonus, 
gratuity, compensation, and other benefits; 
(b) the manner in which the relief undertaking should be run; 
(c) the strength of staff and labour to be employed for running the 
relief undertaking economically; 
(d) the manner in which the net profits or net losses or surplus 
funds should be appropriated or disposed of; 
(e) the percentage of profits to be utilised for the benefit of the 
persons employed in the undertaking and the manner of its 
utilisation; 
(a) 
107 
Repeal and 
savings. 
The West Bengal Relief Undertakings (Special Provisions) 
Act, 1972. 
[West Ben. Act. XIII of 1972.] 
(Section 9 and the Schedule.) 
(f) the manner in which, and the extent to which the representatives 
of the workmen may be associated with, or may participate 
in the management of the relief undertaking. 
(3) All rules made under this section shall, as soon as possible after 
they are made, be laid before the Legislative Assembly for a period of 
not less than fourteen days and shall be subject to such modifications 
as the Legislative Assembly may make during the session in which they 
are so laid or the session immediately following. 
9. (1) The West Bengal Relief Undertakings (Special Provisions) 
Ordinance, 1972, is hereby repealed. 
(2) Anything done or any action taken under the West Bengal Relief 
Undertakings (Special Provisions) Ordinance, 1972, shall be deemed to 
have been validly done or taken under this Act as if this Act had 
commenced on the 1st day of March, 1971. 
West Ben. 
Ord. V of 
1972. 
THE SCHEDULE. 
[See section 4(a).] 
1. The Industrial Employment (StAnding Orders) Act, 1946 
(20 of 1946). 
2. The Industrial Disputes Act, 1947 (14 of 1947). 
3. The Minimum Wages Act, 1948 (11 of 1948). 
4. The West Bengal Shops and Establishments Act,1963 
(West Ben. Act XIII of 1963). 
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