THE BHARAT PETROLEUM CORPORATION LIMITED (DETERMINATION OF

CONDITIONS OF SERVICE OF EMPLOYEE) ACT, 1988

[ 3rd September, 1988.]
An Act to empower the Central Government to determine the conditions of service of the officers
and emploees of !harat "etrole#m Corporation $imited and for matters connected therewith.
%&'('AS for the p#rpose of ma)in* the conditions of service of this officers and emploees of
the !harat "etrole#m Corporation $imited comparable with the conditions of service of the
officers and emploees of other p#blic sector companies, it is necessar to empower the Central
Government to determine the conditions of service of the officers and emploees of the said
Corporation.
!' it enacted b "arliament in the +hirt,ninth -ear of the (ep#blic of .ndia as follows /,,
1.Short tt!" #$% &o''"$&"'"$t.(
011 +his Act ma be called the !harat "etrole#m Corporation $imited 02etermination of Conditions
of Service of 'mploees1 Act, 1988.
031 .t shall be deemed to have come into force on the 3nd da of 4#l, 1988.
).D"*$to$+.( .n this Act, #nless the conte5t otherwise re6#ires,,,
0a1 7!#rmah Shell7 means the !#rmah Shell 8il Stora*e and 2istrib#tin* Compan of .ndia
$imited, a forei*n compan within the meanin* of section 991 of the Companies Act, 199: 01 of
199:1as it e5isted immediatel before the appointed da #nder the !#rmah Shell 0Ac6#isition of
;nderta)in*s of .ndia1 Act, 19<: 03 of 19<:.1=
0b1 7!#rmah Shell (efineries7 means the !#rmah Shell (efineries $imited, a compan re*istered
#nder the .ndian Companies Act, 1913 0< of 1913.1, as it e5isted immediatel before it became a
Government compan=
0c1 7Corporation7 means the !harat "etrole#m Corporation $imited, a Government compan, as
defined in section :1< of the Companies Act, 199: 01 of 199:.1=
0d1 7officers and emploee of the Corporation7 incl#des,,,
0i1 the officers and emploees who were in the service of the !#rmah Shell (efineries and who
contin#ed to be in the service of the said compan after it became a Government compan= and
0ii1 the officers and emploees who were in the service of !#rmah Shell and whose services were
transferred to the Corporation b section 9 of the !#rmah Shell 0Ac6#isition of ;nderta)in*s in
.ndia1 Act, 19<: 03 of 19<:.1=
0e1 7p#blic sector compan7 means an corporation established b or #nder an Central Act or a
Government compan as defined in section :1< of the Companies Act, 199: 01 of 199:.1.
,.Po-"r o* C"$tr#! .o/"r$'"$t to *r#'" +&h"'"+ to %"t"r'$" &o$%to$+ o* +"r/&" o*
o**&"r+ #$% "'0!o1""+.(
011 %here the Central Government is satisfied that for the p#rpose of ma)in* the conditions of
service of the officers and emploees of the Corporation comparable with the conditions of
service of the officer and emploee of other p#blic sector companies, it is necessar so to do, it
ma, notwithstandin* anthin* contained in the .nd#strial 2isp#tes Act, 19>< 03> of 19><.1 or an
other law or an a*reement, settlement, award or other instr#ment for the time bein* in force, and
notwithstandin* an ?#d*ment, decree or order of an co#rt, trib#nal or other a#thorit, frame one
or more schemes for the p#rpose of determination of the conditions of service of the officers and
emploees of the Corporation.
031 %hile framin* an scheme #nder s#b,section 011, it shall be competent for the Central
Government to provide for the contin#ance, after the commencement of an s#ch scheme, of
s#ch of the emol#ments or other benefits as were paable to, or, entitled to be received b, the
officers and emploees of the Corporation referred to in s#b,cla#se 0i1 !#rmah Shell (efineries
became a Government compan, or as the case ma be, immediatel before the appointed da
#nder the !#rmah Shell 0Ac6#isition of ;nderta)in*s in .ndia 1 Act, 19<: 03 of 19<:.1.
031 +he Central Government ma ma)e a scheme to amend or var an scheme made #nder
s#b,section 011.
0>1 +he power to ma)e an scheme #nder s#b,section 011 or s#b,section 031 shall incl#de,,,
0a1 the power to *ive retrospective effect to an s#ch scheme or an provision thereof= and
0b1 the power to amend, b wa of addition, variation or repeal, an e5istin* provisions
determinin* the conditions of service of the officers and emploees of the Corporation in force
immediatel before the commencement of this Act.
091 'ver scheme made #nder s#b,section 011 or s#b,section 031 shall be laid, as soon as ma be
after it is made, before each &o#se of "arliament, while it is in session for a total period of thirt
das which ma be comprised in one session or in two or more s#ccessive sessions, and if,
before the e5pir of the session immediatel followin* the session or the s#ccessive sessions
aforesaid, both &o#ses a*ree in ma)in* an modification in the scheme, or both &o#ses a*ree
that the scheme shall not be made, the scheme shall thereafter have effect onl in s#ch modified
form or be of effect, as the case ma be= so, however, that an s#ch modification or ann#lment
shall be witho#t pre?#dice to the validit of anthin* previo#s done #nder that scheme.
2.R"0"#! #$% +#/$3.(
011 +he !harat "etrole#m Corporation $imited 02etermination of Conditions of Service of
'mploee1 8rdinance, 1988 0: of 1988.1 is hereb repealed.
031 @otwithstandin* s#ch repeal, anthin* done or an action ta)en #nder the said 8rdinance
shall be deemed to have been done or ta)en #nder the correspondin* provisions of this Act.