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Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947, (Maharashtra) Complete Act

Title: the Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947

State: Maharashtra

Year: 1947

Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender

Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947, (Maharashtra) Preamble

Title: the Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947

State: Maharashtra

Year: 1947

THE BOMBAY ADJUDICATION PROCEEDINGS (TRANSFER AND CONTINUANCE) ACT, 1947 [Act No. 34 of 1947]1 [22nd November, 1947] PREAMBLE An Act to provide for the transfer and continuance of adjudication proceedings in trade disputes referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator. WHEREAS it is expedient to enable the Provincial Government to transfer to, and continue before, a Tribunal constituted by the Provincial Government under the Industrial Disputes Act, 1947, adjudication proceedings in trade disputes referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator at the commencement of this Act; It is hereby enacted as follows :-- ___________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1947. Pt. V, p. 339.

BOMBAY ADJUDICATION PROCEEDINGS (TRANSFER AND CONTINUANCE) ACT, 1947, (Maharashtra) Section 2

Title: Provincial Government's power to make order for transfer and continuance of adjudication proceedings before Tribunal

State: Maharashtra

Year: 1947

The Provincial Government may, by order notified in the Official Gazette, direct that any proceedings in any trade dispute referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator at the commencement of this Act shall, from the stage reached before the Adjudicator, be transferred to, and continued before, a Tribunal constituted by the Provincial Government under the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act), and thereupon such dispute shall be deemed to be an industrial dispute within the meaning of the said Act and all the provisions of the said Act shall apply in relation to such dispute as if it were referred to the Tribunal for adjudication under the said Act.

The Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947 Complete Act

State: Maharashtra

Year: 1947

.....all the provisions of the said Act shall apply in relation to such dispute as if it were referred to the Tribunal for adjudication under the said Act. SECTION 03: PENALTY For the avoidance of doubt it is hereby declared that any employer, workman or person, who commits an offence under sections 26, 27, 28, 29, 30 or 31 of the said Act in relation to such dispute the proceedings in which have been transferred to, and continued before a Tribunal under section 2, shall be liable to the punishment provided in any of the said sections. SECTION 04: SAVINGS Nothing in this Act shall affect- (a) any penalty, forfeiture or punishment incurred in respect of any contravention of the provisions of rule 81A of the Defence of India Rules or of any order made thereunder in relation to a trade dispute the proceedings in which have been transferred to, and continued before, a Tribunal under section 2; or (b) any investigation, legal proceeding or remedy in respect of any penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had.....

Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947, (Maharashtra) Section 1

Title: Short Title and Extent

State: Maharashtra

Year: 1947

(1) This Act may be called the Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947. (2) It extends to the whole of the Province of Bombay.

Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947, (Maharashtra) Section 3

Title: Penalty

State: Maharashtra

Year: 1947

For the avoidance of doubt it is hereby declared that any employer, workman or person, who commits an offence under sections 26, 27, 28, 29, 30 or 31 of the said Act in relation to such dispute the proceedings in which have been transferred to, and continued before, a Tribunal under section 2, shall be liable to the punishment provided in any of the said sections.

Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947, (Maharashtra) Section 4

Title: Savings

State: Maharashtra

Year: 1947

Nothing in this Act shall affect -- (a) any penalty, forfeiture or punishment incurred in respect of any contravention of the provisions of rule 81A of the Defence of India Rules or of any order made thereunder in relation to a trade dispute the proceedings in which have been transferred to, and continued before, a Tribunal under section 2; or (b) any investigation, legal proceeding or remedy in respect of any penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been made.

Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947, (Maharashtra) Section 5

Title: Repeal of Bombay Ordinance Iv of 1947

State: Maharashtra

Year: 1947

The Bombay Adjudication Proceedings (Transfer and Continuance) Ordinance, 1947, is hereby repealed; and it is hereby declared that the provisions of section 7 of the Bombay General Clauses Act, 1904, shall apply to the repeal as if that Ordinance were an enactment.

Industrial Disputes Act, 1947 Section 25FF

Title: Compensation to Workmen in Case of Transfer of Undertakings

State: Central

Year: 1947

.....the transfer, if-- (a) the service of the workman has not been interrupted by such transfer; (b) the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; and (c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by the transfer.] ________________________ 1. Section 25FF Inserted by Act 41 of 1956, section 3 (w.e.f. 4-9-1956) and Substituted by Act 18 of 1957, section 3 (w.r.e.f. 28-11-1956).

Bombay Agricultural Debtors Relief Act, 1947, (Maharashtra) Section 19

Title: Transfer of Pending Suits, Appeals, Applications and Proceedings to the Court

State: Maharashtra

Year: 1947

.....application or proceeding is transferred under sub-section (1) or sub-section (2), decides the preliminary issue mentioned in clause (a) of sub-section (1) of section 17 in the negative or that mentioned in clause (b) of the said sub-section (1) in the affirmative, it shall retransfer the suit, appeal, application or proceeding to the Court from which it had been transferred to itself after the disposal and subject to the result of the appeal where an appeal is filed, and after the expiry of the period prescribed for an appeal where no appeal is filed. (5) When any suit, appeal, application or proceeding is retransferred to the Court under sub-section (4), the said Court shall proceed with the same. 4[(6) When such suit, appeal, application or proceeding involves the determination of any issue entirely unconnected with the adjustment of debts, the transfer of such suit, appeal, application or proceeding under this section shall not empower the Court to determine the said issue and the determination of such issue shall be made as if the transfer of the suit, appeal, application or proceeding was not made under this section. (7) When any question arises regarding the.....