Amendment of section 4 of Bom. XL of

In section 4 of the principal Act. ---

1. (a) in sub-section (1), for the portion beginning with the word "The State Governments of Bombay" and ending with the words "the Karantak area respectively" the following shall be substituted, namely : "The State Government shall, by notification in the Official Gazette, constitute a Board for the State of Gujarat for the purpose of administering the Fund, and to perform other functions assigned to the Board by or under this Act" ;
2. (b) in sub-section

1. (5) for the portion beginning with the words "The Board shall be known" and ending with the words "a body corporate", the words "The Board shall be a body corporate by the name of the Gujarat Labour Welfare Board" shall be substituted ;
   • (c) for sub-sections
2. (6) and (7), the following sub-section shall be substituted, namely : "(6) Notwithstanding anything contained in this section, until the Board for the State of Gujarat is duly constituted in accordance with the provisions of sub-section (1), the existing Board functioning and operating immediately before the commencement of the Bombay Labour Welfare Fund ( Gujarat Extension and Amendment ) Act, 1961, in any area of the State, shall continue to function and operate in that area and shall be the Board for the purposes of this Act for that area ; and on the constitution of the Board for the State of Gujara under Sub-section (1), ---
   • (a) such existing Board shall stand dissolved, and the members thereof shall vacate office ;
   • (b) all properties, funds and dues which are vested in or realisable by the existing Board shall vest in, and be realisable by, Board so constituted ;
   • (c) all rights and liabilities which are enforceable by or against the existing Board, shall be enforceable by or against the Board so constituted, and where in any proceedings in any Court or Tribunal the existing Board is a party thereto, the Board so constituted shall be deemed to be substituted as a party to those proceedings ; and
   • (d) the Welfare Commissioner and the other officers and servants of the existing Board shall continue to be the Welfare Commissioner and officers and servants of the Board so constituted ; but the terms and conditions of service of the Welfare Commissioner and other officers and servants shall not, until duly altered by a competent authority, be less favourable under the Board so constituted than those admissible to them while in service of the existing Board.".