| State | Central Government |
| Year | 1981 |
| Section Title | Provisions Relating to Employees |
(1) Every whole-time officer or other employee of a specified company who was, immediately before the appointed day, employed by that company in connection with its undertakings in India and every whole-time officer or other employee of a specified company who was immediately before the appointed day, temporarily holding any assignment outside India shall on the appointed day, become an officer or other employee , as the case may be of the central government or the conserved government company, (herein after referred to as the successor government company) in which the right title and interest of the specified company in relation to its undertakings in India have vested under this Act and shall hold office or service under the central government or the successor government company as the case may be, on the same terms and conditions and with the same rights to pension ,.gratuity and other matters as would have been admissible to him if there had been no such vesting and shall l continue to do so unless and until his employment under the central government or the successor government company is duly terminated or until his remuneration and conditions of service are duly altered by the central government or the successor government company.
(2) Subject to rules made in this behalf under section 22 , every whole -time officer or other employee of oil India who was immediately before the appointed day , employed by it in India and every whole -time officer or other employee of Oil India who was , immediately before the appointed day, temporally holding any assignment outside India shall , on and from that day , continue to be an officer or other employee of Oil India on the same terms and conditions and with the same rights to pension , gratuity and other matters as are admissible to him immediately before that day and shall continue to hold such office unless and until his employment under Oil India is duly terminated or until his remuneration and conditions of service are duly altered by that company.
(3) If any question arises as to whether any person was a whole time officer or other employee of a specified company , or as to whether any officer or other employee was employed wholly or mainly in connection with the undertakings of that company in India immediately before the appointed day, or whatever any whole-time officer or other employee of a specified company was temporarily holding any assignment outside India , the question shall be referred ,within a period of two years from the appointed day, to the central government which shall after giving an opportunity of being heard to the person concerned in the matter , decide it in such manner as it thinks fit and such decision shall be final .
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), the payment of gratuity Act, 1972 (39 of 1972), or in any law for the time being in force the transfer of the services of any officer or other employees , under sub-section (1) ,shall not entitle any such officer or other employee to any compensation or gratuity under those Acts or such other law, and no such claim shall be entertained by any court , tribunal or other authority.
Provident superannuation, welfare fund, etc.
(1) Where a provident super annuation welfare or other fund has been established by a specified company for the benefit of the persons employed by it in connection with its undertakings in India or for the benefit of such persons and persons employed by Oil India, the moneys relatable to the employees
(a) whose services are transferred by or under this Act to the Central Government or the successor Government Company or as the case may be continued with Oil India or
(b) who are in receipt of pension or other pensionary benefits immediately before the appointed day
shall out of the moneys standing on that day to the credit of such provident superannuation, welfare or other fund stand transferred to and vested in the Central Government or the successor Government company or Oil India as the case may be free from any trust, that may have been constituted by the specified company in respect thereof
(2) The moneys which stand transferred under sub-section (1) to the Central Government or the successor Government company or Oil India shall be dealt with by the Central Government or that company or Oil India as the case may be in such manner as may be prescribed.
(3) The successor Government company or Oil India as the case may be shall as soon as may be after the appointed day, constitute, in respect of the moneys and other assets which are transferred to and vested in it under this section, one or more trusts having objects as similar to the object of the existing trust, as in the circumstances may be practicable; so however that the rights and interests of the beneficiaries of the trust referred to in sub-section (1) are not in any way prejudiced or diminished.
(4) Where all the moneys and other assets belonging to an existing trust are transferred to and vested in the Central Government or the successor Government company or Oil India under this section the trustees of such trust shall as from the date of such vesting stand discharged from the trust except as respects things done or omitted to be done before the date of such vesting.