Banking Companies (Acquisition and Transfer of Undertakings) Act,1980
Act No : 40
Section :
Vacation of office of Chairman, etc.
12. Vacation of office of Chairman, etc. (1) Every person holding office, immediately before the commencement of this Act, as Chairman of an existing bank shall, if he becomes Custodian of the corresponding new bank, be deemed, on such commencement, to have vacated office as such Chairman. (2) Save as otherwise provided in sub-section (1), every officer or other employee of an existing bank shall become, on the commencement of this Act, an officer or other employee, as the case may be, of the corresponding new bank and shall hold his office or service in that bank on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the existing bank had not been transferred to and vested in the corresponding new bank and continue to do so unless and until his employment in the corresponding new bank is terminated or until his remuneration, terms or conditions are duly altered by the corresponding new bank. (3) For the persons who immediately before the commencement of this Act were the trustees for any pension, provident, gratuity or other like fund constituted for the officers or other employees of an existing bank, there shall be substituted as trustees such persons as the Central Government may, by general or special order, specify. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the transfer of the services of any officer or other employee from an existing bank to a corresponding new bank shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 5*12A. Bonus. (1) No officer or other employee [other than an employee within the meaning of clause (13) of section 2 of the Payment of Bonus Act, 1965 (21 of 1965)], of a corresponding new bank shall be entitled to be paid any bonus. (2) No employee of a corresponding new bank, being an employee within the meaning of clause (13) of section 2 of the Payment of Bonus Act, 1965 (21 of 1965), shall be entitled to be paid any bonus except in accordance with the provisions of that Act. (3) The provisions of this section shall have effect notwith- standing any judgment, decree or order of any court, tribunal or other authority and notwithstanding anything contained in any other provi- sion of this Act or in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force or any practice, usage or custom or any contract, agreement, settlement, award or other instrument. 1. Ins. by Act 1 of 1984, s. 73 (w.e.f. 15-2-1984). 2. Subs by Act 37 of 1995, s. 15 (w.e.f. 15-7-1994). 3. Omitted by Act 81 of 1985, s. 15 (w.e.f. 1-5-1986). 4. Ins. by Act 301 of 1995, s. 16, (w.e.f. 15-7-1994). 5. Ins. by Act 64 of 1984, s. 5. 183
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