REGISTERED No. D. 221
The Gazette of India
સ્વ -સ્વઃ
EXTRAORDINARY
PART II- Section 2
PUBLISHED BY AUTHORITY
No 49 ] NEW DELHI , WEDNESDAY , NOVEMBER 18 , 1964/ KARTIKA 27 , 1886
Separate paging is given to this Part in order that it may be filed as a separate compilation
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 18th November , 1964 :-
BILL NO . XXVII OF 1964
A Bill further to amend the Indian Trade Unions Act , 1926 .
BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows : -
1. ( 1 ) This Act may be called the Indian Trade Unions (Amend- ment ) Act , 1964
Short title and commence-
(2) It shall come into force on such date as the Central Government . ment may , by notification in the Official Gazette , appoint .
16 of 1926 .
2. Throughout the Indian Trade Unions Act , 1926 ( hereinafter referred to as the principal Act ) , except in sub - section (4) of sec- tion 28 thereof, for the words " officer " and " officers " , wherever they occur , the words " office - bearer " and " office - bearers " shall res- and pectively be substituted .
"office- Substitu- tion of bearer " "office- bearers" for "officer" and " offi- cers" .
3. In sub - section ( 1 ) of section 1 of the principal Act , the word " Indian" shall be omitted.
Amend- ment of section 1 .
4. In section 21 of the principal Act , the proviso shall be omitted. Amend- ment of section 21 .
(791) THE GAZETTE OF INDIA EXTRAORDINARY [PART II 792
5. After section 21 of the principal Act , the following section shall be inserted , namely :--
Insertion of new section 21A.
" 21A . ( 1 ) A person shall be disqualified for being chosen as , and for being , a member of the executive or any other office-bearer of a registered Trade Union if-
(i ) he has not attained the age of eighteen years ;
Disqualifi- cations of office- bearers of Trade Unions .
( ii ) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to impri- sonment , unless a period of five years has elapsed since his release .
(2) Any member of the executive or other office - bearer of a registered Trade Union who , before the commencement of the Indian Trade Unions ( Amendment ) Act , 1964 , has been convicted of any offence involving moral turpitude and sentenced to impri- sonment , shall on the date of such commencement cease to be such member or office -bearer unless a period of five years has elapsed since his release before that date ." .
6. In section 28 of the principal Act , in sub - section ( 1 ) , for the word " March " , wherever it occurs , the word " December " shall be substituted .
Amend- ment of section 28.
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
793
STATEMENT OF OBJECTS AND REASONS
con- The Indian Trade Unions Act , 1926 does not debar even persons convicted of offences involving moral turpitude , from being office- bearers in registered Trade Unions . Consequently persons victed in criminal courts for such offences under the Indian Penal Code have been appearing before the courts of the Commissioners for Workmen's Compensation , the authorities under the Payment of Wages Act , 1936 and other allied Acts , as office -bearers of regis- tered Trade Unions , taking advantage of the special provisions under those Acts which permit officials of registered Trade Unions to appear on behalf of the applicants . In order to stop this abuse , it is proposed to amend the Indian Trade Unions Act , 1926 so as to disqualify any person who has been convicted by a Court in India of any offence involving moral turpitude , from becoming or continuing as a member of the executive or any other office - bearer of a registered Trade Union unless a period of five years has elapsed from the date of his release . This proposal was also approved by the Standing Labour Committee .
2. As almost all the labour statistics relate generally to the calendar year , section 28 of the Indian Trade Unions Act , 1926 is also being amended so as to provide for submission of all annual returns by registered Trade Unions on a calendar year basis .
3. The word " officer " is not considered appropriate in the case of Trade Unions and is , therefore , proposed to be substituted by the word " office -bearer" .
4. The Bill seeks to give effect to the above proposals .
D. SANJIVAYYA .
NEW DELHI ; |
The 2nd November , 1964.
B. N. BANERJEE ,
Secretary .
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