[9th February, 1985] An
Act further to amend the General Insurance Business (Nationalisation) Act, 1972 Be
it enacted by Parliament in the Thirty-fifth Year of the Republic of India as
follows:- (1)
This Act may be
called the General Insurance Business (Nationalisation) Amendment Act, 1985. (2)
It shall be deemed to
have come into force on the 17th day of September, 1984. In
Section 3 of the General Insurance Business (Nationalisation) Act, 1972 (57 of
1972) (hereinafter referred to as the principal Act), in clause (o), after the
words and figures ?framed under Section 16?, the words, figures and letter ?and
also includes a scheme framed under Section 17-A? shall be inserted. In
Section 16 of the principal Act, after sub-section (7), the following
sub-section shall be inserted, namely:- ?(8) The power to frame a scheme under sub-section (1),
and the power conferred by sub-section (6) to add to, amend or vary any scheme
framed under this section, shall include the power to frame such scheme with
retrospective effect from a date not earlier than the appointed day.?. In
the principal Act, after Chapter V, the following Chapter shall be inserted,
namely:- ?CHAPTER V-A TERMS AND CONDITIONS OF SERVICE OF
OFFICERS AND OTHER EMPLOYEES 17-A.
Power of Central Government to regulate the terms and conditions of service of
officers and other employees.- (1)
The Central
Government may, by notification in the Official Gazette, frame one or more
schemes for regulating the pay scales and other terms and conditions of service
of officers and other employees of the Corporation or of any acquiring the
company. (2)
A scheme framed under
sub-section (1) may add to, amend or vary any scheme framed under Section 16
[including any addition, amendment or variation made therein by notification
under sub-section (6) of Section 16] with respect to rationalisation or revision
of pay scales and other terms and conditions of service of officers and other
employees of the Corporation or of any acquiring company, to provide for
further rationalisation or revision of such pay scales and other terms and
conditions of service notwithstanding that such further rationalisation or
revision is unrelated to, or unconnected with, the amalgamation of insurance
companies or merger consequent on nationalisation of general insurance
business. (3)
The Central
Government may, by notification, add to, amend or vary any scheme framed under
this section. (4)
The power to frame a
scheme under sub-section (1), and the power conferred by sub-section (3) to add
to, amend or vary any scheme framed under this section, shall include the power
to frame such scheme, or, as the case may be, to make such addition, amendment
or variation in any scheme framed under this section, with retrospective effect
from a date not earlier than the appointed day. (5)
A copy of every
scheme, and every amendment thereto, framed under this section shall be laid,
as soon as may be after it is made, before each House of Parliament. (6)
The provisions of
this section and of any scheme framed under it shall have effect
notwithstanding anything to the contrary contained in any other law or any agreement,
award or other instrument for the time being in force.?. (1)
Notwithstanding
anything contained in any judgment, decree or order of any court, tribunal or
other authority or in any other law, agreement, award or other instrument for
the time being in force, every scheme framed or purporting to have been framed
with retrospective effect under sub-section (1) of Section 16 of the principal
Act and every notification made or purporting to have been made with
retrospective effect under sub-section (6) of that section before the
commencement of the General Insurance Business (Nationalisation) Amendment Act,
1985 shall be, and shall be deemed always to have been, for all purposes, as
valid and effective as if the amendment made in the said Section 16 by Section
3 of this Act had been part of that section and had been in force at all
material times. (2)
Notwithstanding
anything contained in any judgment, decree or order of any court, tribunal or
other authority or in any other law, agreement, award or other instrument for
the time being in force,- (a)
every scheme framed,
or purporting to have been framed, by the Central Government under sub-section
(1) of Section 16 of the principal Act; and (b)
every notification
made, or purporting to have been made, by the Central Government under
sub-section (6) of the said Section 16, before the commencement of the General
Insurance Business (Nationalisation) Amendment Act, 1985, in so far as such
scheme or notification provides (whether with or without retrospective effect)
for any rationalisation or revision of pay scales or other terms and conditions
of service of officers and other employees of the Corporation or of any
acquiring company, otherwise than in relation to, or in connection with,
amalgamation of insurance companies or merger consequent on nationalisation of
general insurance business shall be, and shall be deemed always to have been,
for all purposes, as valid and effective as if Section 17-A, as inserted in the
principal Act by Section 4, of this Act had been part of the principal Act, and
had been in force at all material times and such schemes or notification in so
far as it provides as aforesaid had been framed or made, under the said Section
17-A: Provided
that nothing in this section shall apply to, or in relation to, the
notification dated the 30th day of September, 1980, framing the General
Insurance (Nationalisation and Revision Pay Scales and Other Conditions of
Service of Supervisory, Clerical and Subordinate Staff) Second Amendment
Scheme, 1980. Explanation.-In
this section, the expressions ?acquiring company? and ?Corporation? shall have
the meanings respectively assigned to them in the principal Act. (1)
The General Insurance
Business (Nationalisation) Amendment Ordinance, 1984 (10 of 1984) is hereby
repealed. (2)
Notwithstanding such
repeal, anything done or any action taken under the principal Act, as amended
by the said Ordinance, shall be deemed to have been done or taken under the
principal Act, as amended by this Act.General Insurance
Business (Nationalisation) Amendment Act, 1985
[Act 3 of 1985]???????