The Bangladesh Nationalised Enterprises and Statutory Corporation (Prohibition of Strikes and Unfair Labour Practices) Order, 1972 (President's Order)

WHEREAS it is expedient to make certain provisions for prohibition of strikes and unfair labour practices in nationalised enterprises and statutory corporations;

Act No. PRESIDENT'S ORDER NO. 55 OF 1972

Date: 29th May, 1972

WHEREAS it is expedient to make certain provisions for prohibition of strikes and unfair labour practices in nationalised enterprises and statutory corporations; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

(1) This Order may be called the Bangladesh Nationalised Enterprises and Statutory Corporations (Prohibition of Strikes and Unfair Labour Practices) Order, 1972.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force at once.

In this Order, unless the context otherwise requires, all words and expressions shall have the same meaning as are assigned to them in the Industrial Relations Ordinance, 1969.

Notwithstanding anything to the contrary contained in any other law for the time being in force, or in any settlement, agreement, or award, no workman or trade union of workmen and no person acting on behalf of such trade union shall in any nationalised enterprise, including in particular enterprises coming within the purview of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972, the Bangladesh Banks (Nationalisation) Order, 1972, Insurance Companies coming within the purview of the Bangladesh Insurance (Emergency Provisions) Order, 1972or in any Statutory Corporation, including in particular the Bangladesh Industrial Development Corporation, or in any concern or enterprise owned, controlled or managed by such Corporation:-

(a) Resort to any strike during a period of six months from the date of commencement of this Order and such further period, which in the opinion of the Government is warranted in the interests of the national economy, as may be notified in the official Gazette from time to time;

(b) By using intimidation, coercion, pressure, threats, confinement to a place, physical injury, disconnection of telephones, water or power facilities and such other methods:-

(i) compel, or attempt to compel the employer, or any officer or employee of the employer to sign a memorandum of settlement, or agreement;

(ii) compel or attempt to compel the employer, or any officer or employee of the employer to make any payment;

(iii) extort from the employer or any officer or employee of the employer any pecuniary or other benefits.

Whoever contravenes the provisions of Article 3 shall be punishable with imprisonment which may extend to five years or with fine which may extend to 10,000 Taka or with both.

Whoever contravenes the provisions of Article 3 shall without prejudice to any punishment imposed under Article 3 be liable to disciplinary action by the employer including suspension, discharge or dismissal.