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State-owned Manufacturing Industries Workers (Conditions of Service) Act, 1993

Published in Bangladesh Gazette Extraordinary
Dated 11th December, 1993

Act No.34 of 1993

An Act made to implement certain recommendations of the National Wages and Productivity Commission established for the determination of the conditions of service of the workers of State-owned manufactoring industries

Whereas it is expedient to provide for the implementation of certain recommendations of the National Wages and Productivity Commission for the determination of the conditions of service of the workers of State-owned manufactoring industries and to provide for matters relating thereto;

Now, therefore, it is enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the State-owned Manufactoring Industries Workers (Conditions of Service) Act, 1993.
(2) It shall be deemed to have come into force on the 1st day of July, 1991.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "Commission" means the National Wages and Productivity Commission established through Resolution No. SHROZ(?)-10/Wages-2/90 (1)/05 issued on 29th Pausha, 1398/13th January, 1992, accordingly;
b) "night shift", in relation to a State-owned manufacturing industry where a day's work is done in different shifts, means a shift carried out after midnight;
c) "State-owned manufactoring industry" means any manufacturing industry owned, nationalised or taken over by the Government or vested in the Government;
d) "worker" means any person, skilled or unskilled, who works for hire or any other kind of remuneration:
Provided that it shall not include persons who are employed in any managerial, administrative, supervisory or solely clerical capacity or who are agricultural workers engaged in an agricultural farm, whether ancillary to any industrial unit or not.
3. Power of the Government to determine the conditions of service of workers on the basis of certain recommendations of the Commission.- (1) Notwithstanding anything contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969) or in any other law, or in any rule, regulation, by-law, agreement, award,settlement, custom, usage or conditions of service for the time being in force,the Government (may), with a view to implementing any recommendation of the Commission, by notification in the official Gazette, (determine) the wages, bonus, medical allowance, house rent allowance, conveyance allowance, leave, gratuity and night shift allowance which shall be payable or admissible to any worker employed in any State-owned manufactoring industry, and no worker shall receive or enjoy, and no person or institution shall allow such worker any wages, bonus, medical allowance, house rent allowance, conveyance allowance, leave, gratuity and night shift allowance in excess of what is so determined.
(2) A notification under sub-section (1) may be made so as to be retrospective to any date not earlier than the first day of July, 1991.

4. Certain agreements etc. to be void.- Where any agreement, settlement or award, whether made before or after the commencement of this Act, is repugnant to anything determined by the Government under section 3, such agreement, settlement or award shall be void and shall not be enforceable in any way.

5. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

6. Repeals and savings.- (1) The State-owned Manufacturing Industries Workers (Conditions of Service) Ordinance, 1992 (Ordinance No.9, 1993) stands herewith repealed.
(2) Notwithstanding such repeal, any action done or any measure taken under the repealed Ordinance shall be deemed to have been done or taken under this Act.
 
 
 


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