THE BHARAT PETROLEUM CORPORATION LIMITED (DETERMINATION OF 
 CONDITIONS OF SERVICE OF EMPLOYEES) ACT, 1988 
___________ 

ARRANGEMENT OF SECTIONS 
________ 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Power of Central Government to frame schemes to determine conditions of service of officers 

and employees. 
4.  Repeal and saving. 

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THE BHARAT PETROLEUM CORPORATION LIMITED (DETERMINATION OF 
 CONDITIONS OF SERVICE OF EMPLOYEES) ACT, 1988 

ACT NO. 44 OF 1988 

[3rd September, 1988.] 

An  Act  to  empower  the  Central  Government  to  determine  the  conditions  of  service  of  the 
officers and employees of Bharat Petroleum Corporation Limited and for matters connected 
therewith. 

WHEREAS for the purpose of making the conditions of service of the officers and employees  of the 
Bharat  Petroleum  Corporation  Limited  comparable  with  the  conditions  of  service  of  the  officers  and 
employees  of  other  public  sector  companies,  it  is  necessary  to  empower  the  Central  Government  to 
determine the conditions of service of the officers and employees of the said Corporation; 

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— 

1.  Short title and commencement.—(1) This Act may be called the Bharat Petroleum Corporation 

Limited (Determination of Conditions of Service of Employees) Act, 1988. 

(2) It shall be deemed to have come into force on the 2nd day of July, 1988. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Burmah  Shell”  means  the  Burmah  Shell  Oil  Storage  and  Distributing  Company  of  India 

Limited,  a  foreign  company  within  the  meaning  of  section  591  of  the  Companies  Act,  1956                
(1 of 1956)as it existed immediately before the appointed day under the Burmah Shell (Acquisition of 
Undertakings in India) Act, 1976 (2 of 1976); 

(b) “Burmah Shell Refineries” means the Burmah Shell Refineries Limited, a company registered 
under  the  Indian  Companies  Act,  1913  (7  of  1913),  as  it  existed  immediately  before  it  became  a 
Government company; 

(c) “Corporation” means the Bharat Petroleum Corporation Limited, a Government company, as 

defined in section 617 of the Companies Act, 1956 (1 of 1956); 

(d) “officers and employees of the Corporation” includes,— 

(i) the officers and employees who were in the service of the Burmah Shell Refineries and 
who continued to be in the service of the said company after it became a Government company; 
and 

(ii) the officers and employees who were in the service of Burmah Shell and whose services 
were  transferred  to  the  Corporation  by  section  9  of  the  Burmah  Shell  (Acquisition  of 
Undertakings in India) Act, 1976 (2 of 1976); 

(e) “public sector company” means any corporation established by or under any Central Act or a 

Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956). 

3. Power of Central Government to frame schemes to determine conditions of service of officers 
and  employees.—(1)  Where  the  Central  Government  is  satisfied  that  for  the  purpose  of  making  the 
conditions of service of the officers and employees of the Corporation comparable with the conditions of 
service of the officers and employees of other public sector companies, it is necessary so to do, it may, 
notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or any other law or 
any agreement, settlement, award or other instrument for the time being in force, and notwithstanding any 
judgment,  decree  or  order of  any  court,  tribunal  or  other  authority,  frame  one  or  more  schemes  for  the 
purpose of determination of the conditions of service of the officers and employees of the Corporation. 

(2)  While  framing  any  scheme  under  sub-section  (1),  it  shall  be  competent  for  the  Central 
Government to provide for the continuance, after the commencement of any such scheme, of such of the 
emoluments or other benefits as were payable to, or entitled to be received by, the officers and employees 

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of the Corporation referred to in sub-clause (i) or sub-clause (ii) of clause (d) of section 2 immediately 
before the Burmah Shell Refineries became a Government company, or as the case may be, immediately 
before the appointed day under the Burmah Shell (Acquisition of Undertakings in India) Act,1976 (2 of 
1976). 

(3)  The  Central  Government  may  make  a  scheme  to  amend  or  vary  any  scheme  made                     

under sub-section (1). 

(4) The power to make any scheme under sub-section (1) or sub-section (3) shall include,— 

(a) the power to give retrospective effect to any such scheme or any provision thereof; and 

(b)  the  power  to  amend,  by  way  of  addition,  variation  or  repeal,  any  existing  provisions 
determining  the  conditions  of  service  of  the  officers  and  employees  of  the  Corporation  in  force 
immediately before the commencement of this Act. 

(5) Every scheme made under sub-section (1) or sub-section (3) shall be laid, as soon as may be after 
it is made, before each House of Parliament, while it is in session for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the scheme, or both Houses agree that the scheme should not be made, the 
scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, 
however, that any such modification or annulment shall be without  prejudice to the validity of anything 
previously done under that scheme. 

4. Repeal and saving.—(1) The Bharat Petroleum Corporation Limited (Determination of Conditions 

of Service of Employees) Ordinance, 1988 (6 of 1988), is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be 

deemed to have been done or taken under the corresponding provisions of this Act. 

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