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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY PART II—Section 2 PUBLISHED BY AUTHORITY

No. 61] NEW DELHI, THURSDAY, DECEMBER 24, 1964/PAUSA 3,1886

Separate paging is given to this Part in order that it may be filed as a separate compilation

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 24th December, 1964: —

I

BILL NO. XXXIII OF 1964

A Bill to establish and incorporate a university of Delhi.

BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows: —

1. (i) This Act may be called The Jawaharlal Nehru University Act, 1964.

(2) It shall come into force on such date as the Central Govern-

Short title and com- mence- ment ment may, by notification in the Official Gazelle, appoint.

2. In this Act, unless the context otherwise requires,—

(a) "College" mean$ a college maintained, or admitted to

Defini- tions.

its privileges, by the University;

(b) "Hall" means a unit of residence, by whatever name called, for students of the University provided, maintained or recognised by it;

(c) "Institution" means an institution of higher learning maintained, or recognised as such, by the University;

(d) "prescribed" means prescribed by Statutes, Ordinances or Regulations;

(e) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, Ordinances and Regulations of the University made under this Act;

(1005)

(f) "University" means the Jawaharlal Nehru University;

and

(g) "University area' rneaiib the area with respect to wnich the University shall have territorial "jurisdiction.

3. (1) There shall be constituted in the Union territory of Delhi The UnU versity. tt University by the name of "Jawaharlal Nehru University";

Provided that the affiliation of colleges in the said area to the University shall come into force from only such date as the Central Government may, by notification in the Official Gazette, appoint.

(2) The first Chancellor and the first Vice-Chancellor of the Uni- versity and the first members of the Court, the Executive Council and the Academic Council and all persons who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of "Jawaharlal Nehru University".

(3) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

4. The University shall have the following powers, namely: —

Powers of the Unlver.

(/) to provide for instruction (including correspondence courses) and research in the Humanities, Science and Technology, Education, Medicine and other professional subjects and in other spheres of learning and knowledge of a standard and thorough- ness required and expected of a University of the highest stand- ing, and to secure the advancement, diffusion and extension of knowledge in all spheres of learning;

(2) to establish within the University area or outside that area such field stations and specialised laboratories and such other units for i-esearch and instruction as are necessary for the fur- therance of its objects;

(3) to organise and to undertake extra-mural teaching and extension services;

(4) to hold examinations and to grant to, and confer degrees, diplomas, certificates or other academic distinctions and to deprive persons of any degrees, diplomas, certificates, or distinc- tions granted to or conferred upon them by the University for good and sufficient cause;

(5) to create such teaching, administrative and other posts as the University may deem necessary from time to time and to make appointments thereto;

(6) to appoint or recognise persons as Professors, Readers or Lecturers or otherwise os teachers of the University;

(7) to institute and award Fellowships, Scholarships, Exhi- bitions and Prizes;

(8) to establish and maintain Colleges and Halls, to recog- nise, supervise and control Halls not maintained by the Uni- versity and other accommodation for students, and to withdrew any such recognition;

(9) to regulate and enforce discipline among students and employees of the University and to take such disciplinary measures in this regard as may be deemed necessary;

(10) to make arrangements for promoting health and genaral welfare of students of the University;

(11) to determine and provide for examinations for admis- sion into the University;

(12) to affiliate with it, or admit to any of its privileges or to recognise for any purpose anfl either in whole or in part, any college or institution or members or students thereof, on such terms and conditions as may, from time to time, be prescribed and to withdraw such affiliation, privileges and recognition;

(13) to co-operate with any ether University, authority or association or any other public or private body having in view the promotion of purposes and objects similar to those of the University or appoint one or more representatives of the Univer- sity to act upon any such body, authority or association for such purposes as may be agreed upon, on such terms and condi- tions as may. from time to time, be prescribed;

(14) to enter into any agreement for the incorporation in the University of any other institution and for taking over its rights, properties and liabilities and for any other purpose not repugnant to this Act;

(75) to demand and receive payment of such fees and other charges as may be prescribed from time to time;

(16) to acquire, hold, manage and dispose of any property movable or immovable, including trust or endowed property within or outside the University area, for the purposes or objects of the University, and to invest any funds representing such property in such manner cis the University thinks fit;

(17) to borrow, with the approval of the Central Govern- ment, on the security of the University property, money for the purposes of the University; and

(75) to do all such other 'acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.

Territorial exercise of powers.

5. (1) Save as otherwise provided in this Act, the powers of the University conferred by or under this Act shall extend to the whole of Union territory of Delhi except the area in respect of which the Delhi University shall have territorial jurisdiction:

Provided that the powers of the University shall not extend to the institution known as the Maulana Azad Medical College situated in the University area.

(2) Notwithstanding anything in any other law for the time being in force no educational institution within the University area shall be associated in any way with, or be admitted to any privileges of, any other University incorporated by law in India and any such privileges granted by any such other University to any educational institution within the University area shall be deemed to be w'th- drawn with effect from such date as may be appointed by a notifica- tion under the proviso to sub-sent^on (1) of section 3:

Provided that the Central Government may, by order in writing, direct that the provisions of this sub-sec lion shall not apply to any institution or shall apply to any institution subject to such conditions as may be specified in the order.

8. Notwithstanding anything contained in section 5,—

(a) where any institution or body established outside the University area seek^ recognition from, or affiliation with, or admission to the privileges of, the University, or

(b) where the University establishes and maintains any institution or body outsidp the Univers'ly area,

Powers and Juris- diction in respect of institution or body outside the Uni- versity area.

then the powers and jurisdiction of the University shall extend to such institution or body subject to—

(i) the laws in force in the State within which, and

(ii) the rules and regulations of the University within whose jurisdiction,

the said institution or body is situated..

Visitor 7. (1) The President of India shall be the Visitor of the University. (2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the University, its buildings, laboratories and equipment and of any institution main- tained by the University, and also of the examinations, teaching and

other work conducted or done by the University and to cause an enquiry to be made in respect of any matter connected with the University.

(3) The Visitor may by order in writing annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances.

(4) The Visitor shall also have such other powers as may be prescribed by the Statutes.

Officers of the Uni- versity.

8. (1) There shall be a Chancellor of the University who shall be ttie Head of the University and shall preside at any of Its convocation for conferring degrees.

(2) There shall be a VicerChancellor appointed in the prescribed manner who shall be the principal executive and Academic Officer of the University and ex officio Chairman of the Court, Executive Council, Academic Council and finance Committee and he shall, in the absence of Chancellor, have power to preside at any convocation and confer degrees.

(3) There shall be one or more Pro-Vice-Chancellors of the Uni- versity who shall be appointed in accordance with the Statutes and subject to the Statutes shall act for, and exercise the powers of, the Vice-Chancellor during a vacancy in the office of the Vice-Chancellor or during the absence, inability or incapacity of the Vice-Chancellor and shall exercise such other powers as may be assigned to him by the Vice-Chancellor.

(4) There shall be a Dean for each School of Study and for each Faculty who shall be appointed in such manner and with such powers and duties as iraay be prescribed bv the Statutes.

(5) There shall be a Registrar who shall act as Secretary of the Court, the Executive Council and the Academic Council and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

(6) There shall be a Finance Officer who shall be the Secretary of the Finance Committee and exercise such powers and perform such duties as may be prescribed by the Statutes.

(7) There shall be such other officers as provided for in the Statutes.

Authori- ties of the Uni- versity.

9. The authorities of the University shall be the Court, the Execu- tive Council, the Academic Council, the Schools of Studies, the Faculties, the Council of Students' Affairs, the Finance Committee and such other authorities as may be declared by the Statutes to be authorities of the University.

The Court. 10. (i) The Court shall be the supreme authority of the Univer- sity, and its constitution and the terms of office of its members shall be prescribed by the Statutes.

(2) The Court shall have the power to review the acts of the Executive Council and the Academic Council (save when these authorities have acted In accordance with the powers conferred upon them under this Act, the Statutes or the Ordinances) and shall exer- cise all the powers of the University not otherwise provided for by this Act or the Statutes.

The Exe- cutive Council.

11. (1) The Executive Council shall be the executive body of the University, and its constitution and the terms of office of its members, other than ex-offtc\o members, shall be prescribed by the Statutes.

(2) It shall 'be incharge of the general management and adminis- tration (including the revenue and property) of the University.

Academic Council.

12. (1) The Academic Council shall be the academic body of the University, and its constitution and the terms of office of its members other than ex-officio members, shall be prescribed by the Statutes.

(2) The Academic Council shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for the maintenance, of standards of instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.

Statutes 13- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely: —

(a) the constitution, powers and duties of the authorities and other bodies of the University, the manner of appointment of members thereof and other matters connected therewith;

(b) the procedure of appointment, terms and conditions of service and the powers and duties of the employees of the Univer- sity;

(c) the administration of the University, the establishment and abolition of Faculties, Colleges, Institutions and Halls, grant and withdrawal of affiliation and recognition to them, the institu- tion of Fellowships, Awards and the like, the conferment of degrees, diplomas and certificates; and

(d) any other matter which is necessary for the proper and effective management and conduct of the affairs of the University and which by this Act is to be or may be provided by the Statutes,

Statutes how made.

14. (1) The first Statutes shall be framed by the Central Govern- ment with the previous approval of the Visitor and a copy of the name shall be laid, as soon as may be, before each House of Parlia- ment.

(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided:

Provided that the Executive Council shall not make any Statute ')r any amendment of a Statute effecting the status, powers or con- stitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion on the proposal, and any opinion so expressed shall be in writing and shall be considered by the Executive Council.

(3) Every new Statute or addition to the Statutes or any amend- ment or repeal of a Statute jhall Tequire the previous approval of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.

Ordi- nances.

15. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:—

(a) the admission of students, the courses of study and the fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other academic distinctions, the conditions for the grant of Fellowships, Awards and the like;

(b) the conduct of examinations, including the lerms of office and appointment of examiners and others, the conditions of residence of students and their general discipline;

(c) the general management, supervision and inspection of Faculties, colleges and other institutions recognised by, or affiliat- ed to, the University; and

(d) any other matter which by this Act or the Statutes is to be or may be provided by the Ordinances.

(2) The Ordinances may be amended, repealed or added to at any time by the Executive Council.

16. The authorities of the University may make Regulations con- Regula- tions.

sistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this Act, Statutes or the Ordinances in the manner prescribed by the Statutes.

Annual report.

17. (J) The Annual Report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Court on or before such date as may be prescribed by the Sta- tutes and shall be considered by the Court at its annual meeting.

(2) The Court may communicate their comments thereon to the Executive Council.

Audit of accounts.

18. (1) The accounts of the University shall, once at least in every year and. at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India, or any person autho- rised by him in this behalf.

(2) The accounts, when audited shall be published in the Gazette of India, and a copy of the accounts together with the audit report shall be submitted by the University to the Visitor and to the Court,

19. If any question arises whether any person has been duly elect- ed or appointed as. or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

Disputes as to con- stitution of Uni- versity authorities and bodies.

20. Where any authority of the University is given power by this Act or the Statutes to appoint committees, such committees shall, save as otherwise provided, consist of members of the authority con- Constitu- tion of commits tees.

SK. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1013

cemed and of such other persons (if any) as the authority in each case may think fit.

Filling at casual VBcancIa*.

21. All casual vacancies among the members (other than ex- ojficio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has be- come vacant, and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

22. No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

Proceed- ings of University authorities and bodies not Invali- dated by vacancies.

Removal of diffi- culties.

23. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may by order published in the Official Gazette, make such provisions not Inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.

24. Notwithstanding anything contained in this Art—

Transi- tional pro- visions.

(a) the first Chancellor, members of the Court, the Execu- tive Council and the Academic Council shall be nominated by the Central Government and shall hold office for a period of three years;

(b) the first Vice-Chancellor shall be appointed by the

Visitor and he shall hold office for a period of five years.

(a) for sub-section (1) of section 5, the following sub-sec- 25. In the Delhi University Act, 1922,— Amend- ment of Act 8 of 1922.

tion shall be substituted, namely: —

"(1) Save ag otherwise provided In this Act or by or under the Jawaharlal Nehru University Act, 1964, the powers of the University conferred by or under this Act [other than those conferred by sub-clause (d) of clause (2) of section 4] shall not extend beyond the areas specified in

1014 THE GAZETTE OF iNDIAj (EXTRAORDINARY [PAH? U

the second Schedule and no educational Institution beyond those limits shall be associated with, or admitted to any pri- vileges of, the University:

Provided that the institution known as the Maulana Azad Medical College shall continue to be subject to the powers and jurisdiction of the University.";

(b) for the word "Schedule", wherever it occurs, the words "First Schedule" shall be substituted, and after the First Schedule, the following Schedule shall be inserted, namely: —

"THE SECOND SCHEDULE (See Section 5)

The area of the Union territory of Delhi falling to the north of the line starting from the junction of the Rohtak Road with the boundary of the Union territory of Delhi, go- ing along Rohtak Road towards east up to its junction with the New Rohtak Road, then along the New Rohtak Road towards the east up to its junction with Rani Jhansi Road, then along Rand Jhansi Road towards south up to its junc- tion with Deshbandhu Gupta Road, then along Deshbandhu Gupta Road towards east up to its junction with Circular Road near Ajmeri Gate, then towards the east following the course of Circular Road up to its junction with Mathura Road, then towards east along the Rajghat Road leading to the Power House up to its junction with river Jumna, then following the course of Jumna down south up to its junction with the boundary of the Union territory of Delhi.".

STATEMENT OF OBJECTS AND REASON^

The influx of displaced persons after the partition of the country in 1947 resulted in the population of Delhi doubling itself in two years, rising from 7 lakhs in 1946-47 to 144 lakhs in 194&-49. Since then also, for a variety of reasons, the population has increased at a rapid rate and at present it is estimated to be of the order of 26 lakhs. This abnormal rise in the population has inevitably brought a corresponding growth in the student population seeking admission to colleges. The number of constituent and affiliated cplleges of the University of Delhi, has increased from 7 in 1947-48 to 31 in 1963-64, and the enrolment of students in the University and its colleges from 4,232 to 28,000 in the same period. The number of students seeking admission to colleges is increasing by about 2,000 every year with the result that the problem of finding additional accommoda- tion for the increasing number of students each year has assumed serious proportions.

2. In I960, the University Grants Commission observed that the Delhi University was growing into an unwieldy and cumbersome institution and that it would be desirable to set up another Univer- sity in New Delhi to enable the present University of Delhi to arrest dilution of its academic and research standards and to develop on its own distinctive lines as envisaged at the time of its inception.

3. The University of Delhi also strongly supported the proposal both on administrative and academic grounds. The University authorities emphasised that because of the long distances and the mounting enrolment, not only had the University become too large to be managed efficiently but its academic standards were also in danger of serious deterioration. They, therefore, strongly recom- mended that a new University should be set up in Delhi as early as possible,

4. The growth of new knowledge in recent years and the signi- ficant advancement of learning in various academic fields all over the world have brought into bold relief the inadequacy of the present arrangements in the country. It is being increasingly realised that the country's social, economic and cultural development depends in a large measure upon the quality, variety and extent of higher edu- cation and research in the Universities.

5. In order to make adequate provision for the large and increas- ing student population of Delhi for education of the highest quality hnd for the advancement of knowledge and research, it is proposed to establish a University in New Delhi to be named after the late Jawaharlal Nehru. The proposed University will embody a unique Synthesis of the humanities, the sciences and technology worthy of the gr*at son of India after whom it is being named and thus per- petuate the memory of the many-sided genius of the late Prime Minister,

6: "Ehe present Bill seeks to give effect to the above proposal.

M. C. CHAGLA.

NEW Drct.HT;

The 18th December, 1964.

FINANCIAL MEMORANDUM

Clause 3 of the Bill contemplates the establishment of a Univer- sity in Delhi by the name of Jawaharlal Nehru University. Clause 4 of the Bill specifies the various powers of the University, clause 8 deals with the officers of the University and clause 9 with the autho- rities thereof. The University will provide facilities for the Post Graduate teaching in Humanities and Sciences. It will, therefore, be necessary to make provision for acquisition and development of land required for the various buildings of the University. The University buildings will comprise administrative blocks, Humani- ties and Science blocks, library, staff quarters, hostels and other miscellaneous buildings ]ike convocation hall etc. On the basis of our experience of the expenditure incurred at the Delhi University and the likely stress on Post Graduate Scientific and Technological studies at the proposed University, it is anticipated that the total capital expenditure will be about Rs. 9 crores. The ultimate recur- ring expenditure on the basis that it will cater to a population of 14,000 students will be about one crore of rupees per annum. Pre- liminary expenditure will be incurred during the Third Plan.

2. Appropriate funds required for the next and subsequent fin- ancial years for this project will be provided in the budgets of th<* Ministry of Education.

3. It will be necessary to incur expenditure directly on the Univer- sity in the beginning for such purposes as acquisition and develop- ment of land, construction of essential administrative and academic buildings end appointment of nucleus staff. This is estimated to be Rs. 3 crores. This will be done through appropriate grants-in-aid to the new University from the Consolidated Fund. Thereafter the University will be entitled to get grants from the University Grants Commission

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-clause (1) of clause 14 of the Bill empowers the Central Government to frame the first Statutes and the matters in respect of which the Central Government may frame Statutes relate, inter : alia to:

(i) the constitution, powers and duties of the authorities and other bodies of the University and other matters con- nected therewith;

'

(ii) the procedure of appointment, terms and conditions of ser- vice and the powers and duties of the employees of the University;

(iii) the administration of the University, the establishment and abolition of colleges, institutions, etc, the grant and with- drawal of affiliation and recognition to them, the institution of Fellowships, Awards and the like and the conferment of degrees, diplomas and certificates.

2. These matters pertain to procedure, form or detail and as such, the delegation of legislative power is of a normal character.

II

BILL NO. XXXII or 1964

A Bill further to amend the Industrial Disputes Act, 1947.

BE it enacted by Parliament in the Fifteenth Year of the

Republic of India as follows: —

1. (1) This Act may be celled the Industrial Disputes (Second

Amendment) Act, 1964. .

'

Short title and com- mence- ment.

(2) It shall come into force on such date as the Central Govern-

ment may, by notification in the Official Gazette, appoint.

14 of 1947 Z. In section 2 of the Industrial Disputes Act, 1947 (hereinafter

referred to aa the principal Act),—

Amend- ment of section 2.

34 of 1948.

27 of 1998.

(i) in sub-clause (t) of clause (a), after the words and figures "Employees' State Insurance Act, 1948, or", the words and figures 'the "Indian Airlines" and "Air-India" Corporations established under section 3 of the Air Corporations Act, 1953, or' shall be inserted;

(il) in clause (p), before the word$ "the appropriate Gov- ernment", the words "an officer authorised in this behalf by" shall be inserted.

3. After section 2 of the principal Act, the following section shall

be inserted, namely:—

'

Insertion of new section 2A "2A. Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman,

Dismissal, etc., of an

any dispute or difference between that workman and his em- ployer connected with, or arising out of, such discharge, dis- missal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.".

individual workman to be deemed to be an Industrial dispute. Amend- ment of section 12

4. In section 12 of the principal Act, in sub-section (3), after the words "the appropriate Government", the words "or an officer autho- rised in this behalf by the appropriate Government" shall be insert- ed.

5. For section 25C of the principal Act, the following section shall

be substituted, namely:—j

'

Substitu- tion of new sec- tion for section 25C.

Right of workmen laid off for compen- sation.

"25C. Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent, of the total of the basic wages and dearnesa allowance that would have been payable to him had he not been so laid off:

Provided that if during any period of twelve months, a workman is so laid off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay off after the expiry of the first forty-five day", if there is an agreement to that effect between the workman and the em- ployer:

Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first forty-five days of the lay off and when he does so, any compensation paid to the work- man for having been laid off during the preceding twelve months may be set off against the compensation payable for retrench- ment.

Explanation—"Badli workman" means a workman who is employed in an Industrial establishment in the place of another workman whose name is borne on the muster rolls of the estab- lishment, but shall cease to be regarded as such for the purposes

of this section, ii he has completed one year of continuous ser- vice in the establishment.".

C. In section 29 of the principal Act, after the words "which may

Amend- ment of section 29 extend to six months, or with fine, or with both", the words "and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first" shall be inserted.

STATEMENT OF OBJECTS AND REASONS

In order to simplify the existing procedure for handling disputes in respect of the Air Corporations, it is considered necessary to bring the Indian Airlines and Air India Corporations within the jurisdic- tion of the central sphere as in the case of some other corporations of all India importance such as the Agricultural Refinance Corpora- tion, the Deposit Insurance Corporation, etc.

2. In construing the scope of industrial dispute, Courts have taken flie view that a dispute between an employer and an indivi- dual workman cannot per se be an industrial dispute, but it may become one if it is taken up by a union or a number of workmen making a common cause with the aggrieved individual workman. In view of this, cases of individual dismissals and discharges cannot be taken up for conciliation or arbitration or referred to adjudica- tion under the Industrial Disputes Act, unless they are sponsored by a union or a number of workmen. It is now proposed to make the machinery under the Act available in such cases.

3. Section 25C of the Act provides that a workman (who has completed not less than one year of continuous service) on being laid off, is entitled to receive compensation upto a maximum period of forty-five days during the course of any twelve months. Where, however, the period of lay off after the expiry of the first forty-flve days comprises continuous periods of one week or more, the work- man is to be paid compensation for all the days comprised in every such subsequent period of lay off, unless there is an agreement to the contrary between the workman and the employer. This provi- sion is open to abuse inasmuch as workmen could be denied lay off compensation by being made to work for some days in each wees after the first forty-flve days of lay off. With a view to prevent such an abuse, it Is now considered necessary to make a provision that lay off compensation would become payable for all the days of lay off beyond the first forty-five days, whether the period is continuous for a week or not. :

4. Section 29 of the Act provides for the imposition of a penalty for breach of a settlement or an award, which may be imprisonment for a term which may extend to six months, or fine, or both. There is no provision for enhanced penalty in the event of continued breach

of settlements or awards with the result that some unscrupulous employers are able to successfully thwart the implementation of settlements or awards by paying a fine once, which may be far less than what the obligation would otherwise entail. Consequently, the workmen are unable to get the benefits flowing from the award though the employer might have been convicted for the breach. Thus, the absence of provisions for deterrent penalties for continued breach of settlements and awards is acting as an impediment in the way of implementation of settlements and awards, and it is, lAiere- fore, now proposed to make a suitable provision for the imposition of punishment in case of a continuing breach of a settlement or an award after conviction for the first breach.

5. Many of the above proposals have also received the approval

of the Standing Labour Committee at its 21st session.

6. The present Bill seeks to amend the Industrial Disputes Act to give effect to the above proposals and opportunity has also been availed of to make two other amendments of procedural nature.

NEW DELHI; D. SANJIVAYYA.

The 16th December, 1964.

FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to provide that individual disputes re- garding dismissals, discharges, etc., should be deemed to be industrial disputes for the purposes of the Industrial Disputes Act, 1947. This is likely to increase the number of industrial disputes and cases for adjudication to a very small extent. It is proposed to manage, as far as possible, the probable increase in work-load with the existing staff of the Industrial Relations Machinery and the Labour Courts and Tribunals. Hence, the provision is not likely to involve any appreciable additional expenditure immediately or in the near future-

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in

BILL NO. XXXIV OP 1964

A Bill -further to amend the Employees' Provident Funds Act, 1952.

BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows: — [

'

1. (1) This Act may be called the Employees' Provident Funds (Amendment) Act, 1964.

Short titlt and com- mencement.

(2) It shall be deemed to have come into force on the 24th day of November, 1904.

if "f l"f".

Amendment of section a. 2. In section 2 of the Employees' Provident Funds Act, 1952, in sub-clause (i) of clause (a), after the words "a controlled industry,", th" words "or in relation to an establishment having departments or fcraichw in mor" than one State," shall be inserted.

?#&6 '^G&fflffim^UxSKFW'S&S&Kt arff'AHT itt*Sj""23 STATEMENT OF OBJECTS AND REASONS

Nw DELHI;

A,; K. SEN.

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