No.571-Pub- The following Ordinance made by the President of the People's Republic of Bangladesh, on the 1st Agrahayana, 1396/ 15th November, 1989, is hereby published for general information:-


Ordinance No. 17, 1989

An Ordinance made further to amend the Industrial Relations Ordinance, 1969 (XXIII of 1969).

Whereas it is expedient to further amend the Industrial Relations Ordinance, 1969 (XXIII of 1969) for the purpose hereinafter appearing;

And whereas Parliament is not in session and the President is satisfied that circumstances exist which render immediate action necessary;

Now, therefore, in exercise of the powers conferred to him by article 93 (1) of the Constitution of the People's Republic of Bangladesh, the President is pleased to make and promulgate the following Ordinance:-

1. Short title.- This Ordinance may be called the Industrial Relations (Amendment) Ordinance, 1989.

2. Amendment of section 7 of Ord.XXIII of 1969.- At the end of sub-section (2) of section 7 of the Industrial Relations Ordinance, 1969 (XXIII of 1969), hereinafter referred to as the said Ordinance, the full-stop shall be replaced by a colon, and thereafter the following conditions shall be added, namely:-

"Provided that more than one establishments under the same employer, which are allied to and connected with one another for the purpose of carrying on the same industry irrespective of their place of situation, shall be deemed to be one establishment for the purpose of this sub-section:
Provided further that where any doubt or dispute arises as to whether any two or more establishments are under the same employer or whether they are allied to or connected with one another for the purpose of carrying on the same industry, the decision of the Registrar shall be final."
3. Amendment of section 7A of Ord. XXIII of 1969.- At the end of clause (b) of sub-section (1) of section 7A of the said Ordinance, the words "or if he was dismissed from any such establishment" shall be added.

4. Substitution of section 47B of Ord. XXIII of 1969.- Section 47B of the said Ordinance shall be substituted by the following section 47B, namely:-

"47B. President and General Secretary not to be transferred.- Neither the President nor the General Secretary of any trade union shall be transferred from one place to another without his consent."
5. Special Provisions.- (1) Notwithstanding anything said in the said Ordinance or in any other law for the time being in force, the names of all such existing trade unions that are not in accordance with the provisions of section 7(2) of the said Ordinance amended by this Ordinance, shall, after adequate inquiry, be published in the official Gazette by the Registrar of the trade unions.
(2) According to the provisions of sub-section (3), the registration of the trade union shall be cancelled after the 90th day from the date of publication of the notice under sub-section (1).
(3) If any trade union has objections against the publication of its name published in the Gazette under sub-section (1), any of its officers may, before the cancellation in the said manner, put forward this objection to the Registrar of trade unions, in the form of a petition, and in the case of whichever trade union such a petition has been put forward, that trade union shall remain registered, despite the provision under sub-section (2).
(4) Within 90 days after receiving the petition, and after having given the opportunity of a hearing, the Registrar of trade unions shall present his decision to the petitioner and to the respective side, and if, according to this decision, the respective trade union is proved not to be in accordance with the provision under section 7(2), then its registration union shall be cancelled from the date of the decision.