REGISTERED No. D. 222

The Gazette of India

PUBLISHED BY AUTHORITY

No. 5]

NEW DELHI, SATURDAY, JANUARY 19, 1966/MAGHA 9, 1887

Separate paging is given to this Part in order that it may be filed

as a separate compilation

NOTICE

The undermentioned Gazettes of India Extraordinary were published up to the 17th January,

1966:—

Issue

No.

No. and Date

S.O.163, dated 11th Janu-

ary, 1966.

S.O.189, dated 13th Janu-

ary, 1966.

S.O.190, dated 14th Janu-

ary, 1966.

S.O. 191, dated 14th Janu-

ary, 1966.

Issued by

Ministry of Commerce

Central Board of Direct

Taxes.

Ministry of Commerce.

Do.

Subject

Appointing a

lady

persons to

enquire into the affairs of the

Shn Bharathi Mills Limited,

Pondicherry,

The

Income-tax

(Amendment)

Rules, 1966.

Declaration

that every

person

will have

to seek

permis-

sion, to enter into any forward

contract for the sale or purchase

of certain goods specified in the

schedule therein, from the Cen-

tral Government.

Declaration that the

provisions

for

section

17 of

the

Forward Contracts (Regulation

Act, 1952 shall apply to non-

transferable specific delivery

contracts in respect of aforesaid

goods in the whole of India.

(253)

254 T ^{H E} GAZETTE OF INDIA : JANUARY 29, 1966/MAGHA ft, 1887

[PUT I I -

Issue

No.

No. and Date

S.0.192, dated 14th Janu-

aryj 1966.

S. 0.193> daiel istli Janu-

ary, 1966.

S.0.194, dated 15th Janu-

ary, 1966.

S.0.195, dated 17th Janu-

ary, 1966.

Issued by

Ministry of Commerce

Ministry of Steel and

Mines.

Do.

Ministry of Commerce.

Subject

Declaration that no person shall,

save with the permission of the

Central Government enter into

any non-transferable specific

delivery contract for the sale or

purchase of any of the aforesaid

goods In the whole of India.

Amendment in the notification

No. S.O. 3987, dated 24th

December, 1965.

Miking that any person may,

without any order of allotment

or written authority,—(a) acqu-

ire or purchase or agree

acquire or purchase, (b) des-

patch or agree to despatch or

transport, or (c) divert or trans-

fer or agree to divert or transfer,

hard coke produced from By-

product Ovens, etc.

Establishing the Export Inspection

Agencies for quality control and

inspection of certain commo-

dities.

Copies of the Gazettes Extraordinary mentioned above will be supplied on

indent to the Manager of Publications, Civil Lines, Delhi.

Indents should be

submitted so as to reach the Manager within ten days of the date of issue of

these Gazettes.

PART II—Section 3—Sub-section (il)

Statutory orders and notifications issued by tbe Ministries of the Govern-

ment of India (other than the Ministry of Defence) and by Central

Authorities (other than the Administration of Union Territories).

ELECTION COMMISSION, INDIA

New Delhi, the 15th January 1966

F S.O 301-In exercise of the powers conferred by section 21 and sub-section (1) of section 22 of the

Representation of the People Act , I95lj the Election Commission hereby appoints, in respect of

each of the Parliamentary constituencies in the State of Andhra Pradesh as determined by the

Delimitation Commission In its order No, 3, dated the 3rd July, 1965, and specified in column I

of the Table below :

(a) the officer specified in the corresponding entry in column 2 of the said Table to be the

Returning Officer; and

(b) the officer specified in the corresponding entry in column 3 of the said Table to be the

Assistant Returning Officer.

fcct. ?(il)l THK GAZV,nE

OF INDIA: JANUARY 29, 1960/MAGHA 0, 1887

255

TABIJB

Name of the Constituency

I. Srikakulam

2. Parvathipuram

3. Bobbili

4. Visakhapatnam .

5. Bhadrachalam .

6. Anakapalli

7. Kakinada .

S. Rajahmundry

9. Amalapuram

10. Narsapur .

n. Eluru

12 Gudivada

13. Vijayawada

14. Machilipntnam .

15. Ongolc

16. Guntur

17. Narasaraopet

18. Kavuli

19. Ncllorc

20. Tirupathi

21. Chittoor ,

22. Rajampet .

23. Cuddapah

24. Hindupur .

25. Anantapur.

26. Kurnool j .

27. Nandyalj .

28. Nagarkurnool

29. Mahbubnagar

30, Hyderabad

Returning Officer

Collector, Srikakulam.

Collector, Srikakulam

Collector, Visakhapatnam.

Collector, Khammam.

Joint Collector, Visakhapatnam,

Collector, East Godavari.

Collector, East Godavari

Collector, West Godavari

Collector, West Godavari,

Collector, Krishna,

Collector, Krishna .

Collector, Krishna.

Collector, Guntur

Collector, Guntur.

Collector, Ncllore.

Collector, Nellore.

Collector, Chittoor

Collector, Cuddapah

Collector, Cuddapah.

Collector, Anantapur

Collector, Anantapur.

Collector, Kurnool.

Collector, Kurnool

Collector, Mahbubnagar,

Collector, Mahbubnagar.

Collector, Hyderabad.

Assistant Returning Officer

Personnel Assistant to Collector,

Srikakulam.

Personnel Assistant to Collector,

0 riK-UKiiiani.

Personnel Assistant to Collector,

^i v i lrO lr~i *i 1 CITY"!

orutnKxuaiii.

Personnel Assistant to Collector,

Visakhapatnam.

Personnel Assistant to Collector,

js^iiMiiini am,

Huzur

Sarshtadar, Collector's

Office, Visakhapatnam.

Personnel Aspistant to Collector,

East Godavari.

Personnel Assistant to Collector,

East Godavari.

Personnel Assistant to Collector,

East Godavari.

Personnel Assistant to Collector,

West Godavari.

Personnel Assistant to Collector,

West Godavari.

Personnel Assistant to Collector,

jNTiynna.

Personnel Assistant to Collector^

a<r isnna.

Personnel Assistant to Collector,

Krishna,

Personnel Assistant to Collector,

Guntur.

Personnel Assistant to Collector,

Guntur.

Personnel Assistant to Collector,

Ncllore.

Personnel Assistnat to Collector,

Ncllore.

Personnel Assistant to Collector,

CWuoor.

Personnel Assistant to Collector,

Chittoor.

Personnel Assistant to Collector,

Cuddapah.

Personnel Assistant to Collector

Cuddflpah.

Personnel Assistant to Collector,

Anantapur.

Personnel Assistant to Collector,

/\IltlIllnpUi ,

Personnel Assistant to Collector,

KLurnool.

Personnel Assistant to Collector,

Kurnool.

Personnel Assistant to Collector,

Mahbubnagar,

Personnel Assistant to Collector,

Mahbubnagar.

Personnel Assistant to Collector,

Hyderabad,

256

T H E GAZETTE OF INDIA: JANUARY 29, 1966/MAGHA », 1887

[PART I I -

31.

32.

33.

35.

36.

37.

38.

39.

40.

41-

Secunderabad

. Siddipet

. Medak

. Nizaroabad

, Adilabftd

i Peddapaili

Karimnigar

, Warangal .

, Khammam

Nalgonda .

Miryalguda

Commissioner, Municipal Cor-

poration of Hyderabad.

Collector, Medak,

Collector Medak.

. Collecter, Nizamabad.

Collector, Adilabad.

. Collector, Karimnagar

Collector, Karimnagar.

. Collector, Warangal,

. Collector, Khammam.

. Collector, Nalgonda.

Deputy Commissioner,

Munici-

pal Corporation of Hyderabad,

Hyderabad.

Personnel Assistant to Collector,

Medak.

Personnel Assistant ta Collector,

Medek.

Personnel Assistant to Collector,

Nizamabad.

Personnel Assistant to Collector .

Adilabad.

Personnel Assis tent to Collcciorj

Karimnagar.

Personnel Assistant to Collector,

Karimanagar.

Personnel Assistant to Collector,

Warangal.

Personnel Assistant to Coilet-icr,

Khammam.

Personnel Assistant to Collector,

Nalgonda.

Personnel Assistant t o

Nalgonda.

[No. 434/AP/65.]

New Delhi, the 19th January 1&66

S.O. 302.—fn exercise of the powers onfecrred by sub-section (1) of section

ISA of the Representation of the People Act, 1950, the Election Commission, in

consultation with the Government of

Mysore,

hereby

nominates

Shri C. J.

Fadmanabha as the Chief Electoral Officer for the State of Mysore with effect

from the date he takes over charge and until further order vice Shrl H. Maha-

rudralah.

[No. 154/9/65.7

By Order,

PRAKASH NARAIN, Secy.

MINISTRY OF FINANCE

(Department of Economic Affairs)

New Delhi, the 18th January 1966

S.O. 303.—In exercise of the powers conferred by section 53 of the Banking

Companies Act, 1949 (10 of 1949), the Central Government, on the recommenda-

tion of the Reserve Bank of India, hereby declares that the provisions of section

9 of the said Act shall not apply to the

Bareilly

Corporation (Bank) Ltd.,

Bareilly,—

(a) in respect of the immovable properties held by it at Farrukhabad, and

(b) in respect of the house property held by it at Jugalghat, Brindaban

(District Mathura)

till the 13th December 1966.

[No. F. 15(4)~BC/65.J

S.O. 304.—In exercise of the powers conferred by clause (c) of sub-section (1)

read with sub-section (7) of Section 8 of the Reserve Bank of India Act, 1934

(2 of 1934), the Central Government hereby renominates Shri C. N. Vakil, as a

Director of the Central Board of the Reserve Bank of India with effect from the

24th January, 1966.

[No. F. 3(58)-BC/65.)

V. SWAMINATHAN, Under Secy.

(Department Of Economic Affairs)

Neu? Delhi, the 20fh January 1966

S.O. 305.—Statement of the Affairs trf the Reserve Bank of India, as on the 14th January 1966.

BANKING DEPARTMENT

LlABELTTUBS

C a p i t a l P a i d U p

R e s e r v e F u n d

N atonal Agricultural Credit (Long Tenn Operations) Fund

Nations! Agricultural Credit (Stabilisation) Fund

National Indusni i! Credit {Long Tenn Operitions) Fund

Deposits :—

(a) Government

(ij UentiatGovernment

(n) State Governments

Rs.

5,oo,oOjCOO

SOjOO^O^lOO

[00,00,(30,000

IO,00,OOjOOO

15,oo,oOjOOO

10,87,43,000

^SiETS

N o t e s

R u p e e C o i n

S m a l l CoLn

Bills P u r c h a s e d a n u D i s c o u n t e d :—

(a)

I n t e r n a l

( i ) E x t e r n a l

B a l a n c e s H e l d A b r o a d *

I n v e s t m e n t s * *

L o a n s a n d A d v a n c e s t o :—

( 0 C e n t r a l G o v e r n m e n t

( » ) S t a t e G o v e r n m e n t s ®

L o a n s a n d A d v a n c e s t o :—

CO S d i e d u l e d B a n k s - f

(it

S t a t e C o - o p e r a t i v e B a n k s !

(/•i) O t h e r s

Rs.

SJIO^OJOOO

3,40,000

87.£9^c'/^c

• 178,91,48,00c

128,14,70,000

I9^77»5°J°OO

i7^I>85.i5,ooo

2,23,04,000

SBw

.?"

I-

LlABlLmES

(t) Banki

(0 Scheduled Banks

0"0 State Co-operative 1 an s

(in) Other Banks

(fi) Othen

KUsP*yabk

Other Liabilitiet

Rupees

Rs.

107,74^1,000

2,88,223000!

i,94]cx»

2i4,iij9o,coo

27.59,84,000

73.3I,52J«»

699,68,18,000

ASSETS

Loam, Advance* aod Investments from National Agri

caltuFal Credit (Long Tons Opermtkifts) Pnod—

(o) Loans and Advances to :—

(i) State Governments

(n") State Co-operative Banks

(HI) Central Land Alortgage Banks .

(i) Investment in Central Land Mortgage Bank

Debentures

Loans 8t Advances from National Agricultural

Credit (Stabilisation) Foml—

Loans and Advances to State Co-operative Banks

Loans, Advances and Investments from National

Industrial Credit (Long Term Operations) Fund—

(a) Loans and Advances to tbe Development Bank

(6) Investment in bonds/debentures issued by the

Development Bank

Other Assets

Rupees

Rs.

29,66,87^00

12.7^,59,000

5,47,77*000

2,»>I3yOOO

41,30,71,000

•99,68,18,000

•Includes Cash and Short-term Securities.

••Excluding Investments from the National Agricultural Credit (Long Term Operations) Fund and the National Industrial Credit (Long Term

Operations) Fund.

@Bscmding Loans and Advances from th; National Agr cultural Credit (Long Term Operations) Fund, but including teirporarj- overdrafts to Stale

flndudesRs, 1,00,00,000 advanced to scheduled ba^k- gains usance bills under Section 17(4) (c) of the R.BJ. Act.

JBJcctading Loans and Advances

from the National Agricultural Credit (Long Term Operations) Fund and :he N^r?'j:nal Agricultural Credit

(StabituadoiiJ Fond,

"^tedtbe ijtbdayof Jaunary, 1966-

ta-t

8:• r-_ _

I—|

An accotmt pursuant to the Reserve B«afc of Inda Act, I934>^for ^

^ ^ ^ ended the 14th day of January 1966

ISSDE DapARriiENT

HAMUTIES

RS-

RS*

Note* held in the Banking Department

8,10.70,000

Notaiaxircularicm

2791,84,20^000

TotaJ

Notes issiKd

2799,94,9O/x»

TOTAL LIABILITIES

2 7 9 9 , 9 4 J 9 ^OI ^{0 O}°

ASSETS

R S .

RB.

Gold Coin and Bullion :—

(a> Held in India

133,75,66,000

(b) Held outside India

Foreign Securities

75^5,24,000

TOTAL

208,80,^000

Rupee Coin

98,06,29,000

Government of India Rupee Securities

2493,07.7ijCCO

Internal BiQs of Exchange and other

commercial paper

TOTAL ASSETS .

2799,94,90,000

P.-C BHATTACHAKYVA,

Governor.

[No. F.XfrBOl66]

R.K. SESHADRI,

Director(Banldiis)

Dated the 19th day of January, 1966.

jtfO THE GAZETTE OF INpiA : JANUARY 29, 19S6/MAGHA 9, 16(87

{PA»T ti-

(Department of Revenue)

INCOME-TAX

New Delhi, the 1th January 1966

8.O- 306.—In exercise of the powers conferred by sub-section (6) of section

88 of the Income-tax Act, 1961 (43 of 1981) the Central

Government hereby

notifies Shri Mariamman Temple, Samayapuram, Trlchirapalli District to be a

place of public worship of renown throughout the State of Madras for the purpose

of the said Section.

[No. 2/F. No. 16/75/65-IT(AI).]

J. C. KALRA, Dy. Secy.

CENTRAL BOARD OF DIRECT TAXES

INCOME-TAX

New Delhi, the 18th January 1966

S.O. 307.—In exercise of the powers conferred by sub-section (1) of section

122 of the Income-Tax Act, 1961 (43 of 1961) and of all other powers enabling

It in that behalf and In supersession of all previous notifications in this regard,

the Central Board of Direct Taxes hereby directs that the Appellate Assistant

Commissioners of Income-Tax of the Ranges specified in column 1 of the schedule

below shall perform their functions in respect of all persons and incomes assessed

to Income-tax or supertax In the Income-tax Circles, Wards and Districts specified

In the corresponding entry in column 2 thereof:

SCHEDULE

Range

Trivandrum

Ernakulam

Calicut

Income-tax Circles, Wards and Districts

1. Income-tax Circle, Trivandrum.

2. Salary Circle, Trivandrum.

3. Income-tax Circle, Qullon.

4. Income-tax Circle, Alleppey.

5. Special Survey Circle, Ernakulam

(In

respect of

persons who have their principal place of business

In or reside within the jurisdiction of the Income-

tax Circles, mentioned above).

6. Special Investigation Circle, Trivandrum.

1. Income-tax Circle, Ernakulam.

2, Income-tax Circle, Mattancherry.

3. Income-tax Circle, Alwaye.

4. Companies Circle, Ernakulam.

5. Income-tax Circle, Kottayam.

6. Salary Circle, Ernakulam.

7. Special Survey Circle, Ernakulam

(In respect of

persons who have their principal place of business

in or reside within the jurisdiction of the Income-

tax Circles mentioned above).

8. Estate Duty-cum Income-tax Circle, Ernakulam.

1. Income-tax Circle, Cannanoro.

2. Income-tax Circle, Calicut.

3. Income-tax Circle, Palghat.

4. Income-tax Circle, Trichur,

5. Central Circle, Trichur.

6. Companies Circle, Calicut.

7. Special Survey Circle, Ernakulam

(In respect of

persons who have their principal place of business

In or reside within the jurisdiction of the Income-

tax Circles mentioned above).

SEC. 5(ii)] THE GAZETTE OF INDIA: JANUARY 29, 1966/MAGHA 9, 1887

261

Where an Income-tax Circle, Ward or District or Part thereof stands transferred

by this notification from one Range to another Range, appeals arising out of

assessments made in that Income-tax Circle, Ward or District or Part thereof

and pending immediately before the date of .this notification before the Appellate

Assistant Commissioner of Range from whom that Income-tax Circle, Ward or

District or Part thereof, is transferred, shall, from the date this notification shall

take effect, be transferred to and dealt with by the Appellate Assistant Commis-

sioner of the Range to when the said Circle, Ward or District or Part thereof

is transferred.

This notification shall take effect from the 25th January, 1966.

Explanatory Note

The amendments have become necessary on account of the creation of a new

Range of Appellate Assistant Commissioner of Income-tax, Calicut, In the Charge

of the Commissioner of Income-tax, Kerala,

(This note does not form a part of the notification but is intended

to be

merely clariflcatory).

[No. 18 (F. No. 50/3/86-ITJ).]

P. G. GANDHI, Under Secy.

INCOME-TAX

New Delhi, the 20th January 1966

S.O. 388.—In exercise of the powers conferred by sub-section (1) of Section

121 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes

hereby makes the following amendments to the Schedule appended to its Notifica-

tion No. 20 (F. No. 55/1/62-IT) dated the 30th April, 1963 published as S.O. 1293

on pages 1454—1457 of the Gazette of India Part II Section 3 sub-section (ii>

dated the 11th May, 1963, as amended from time to time:—

Existing entries under columns (1), (2) and (3) against S. Nos. 11 and 11A

shall be substituted by the following entries:

Income-tax

Commissioners

(1)

11. Gujarat I

Head-

quarters

(2)

Ahmedabad

Jurisdiction

(3)

1, Circle I, Ahmedabad.

2. Circle III, Ahmedabad.

3. Circle V, Ahmedabad.

4. Circle VI, Ahmedabad.

5. Circle VII, Ahmedabad,

6. Group Circle 1(1), Ahmedabad

7. Group Circle 1(2), Ahmedabad

8, Group Circle 1(3), Ahmedabad.

9. Special Investigation Circle A, Ahmeda-

bad.

10. Special Investigation Circle B, Ahmeda-

bad.

11. Circle I, Bhavanagar.

12. Circle II, Bhavanagar.

13. Amreli Circle.

14. Mehsana Circle,

15. Patan Circle.

18, Palanpur Circle

17. Circle I, Rajkot

18. Circle. II. Rajkot.

19. Morvi Circle.

20. Surendranagar Circle.

21. Circle I, Jamnagar.

22. Circle II, Jamnagar,

23. Porbandar Circle.

24. Junagadh Circle

25. Bhuj Circle.

26. E.D.-cum-I.T. Circle, Rajkot.

262

T H J ! GAZETTE OF INDIA : JANUARY 29, 1966/MAGHA 9, 1S87

[JfJact I I -

11 A. Gujarat II

Ahmedabad

1. Circle II, Ahmedabad.

2. Circle IV, Ahmedabad.

3. Circle VIII, Ahmedabad.

4. Circle IX, Ahmedabad.

5. Circle X, Ahmedabad.

6. Group Circle 11(1), Ahmedabad.

7. Group Circle 11(2), Ahmedabad.

8. Group Circle III(l), Ahmedabad.

9. Group Circle 111(2), Ahmedabad.

10. Group Circle HI(3), Ahmedabad.

11. Circle 1, Nadiad.

12. Circle II, Nadiad.

13. Circle I, Baroda.

14. Circle II, Baroda.

15. Broach Circle.

16. Godhra Circle.

17. Petlad Circle.

18. Circle I, Surat.

19. Circle II, Surat.

20. Navsari Circle.

21. Bulsar Circle.

22. E.D.-cum-I.T. Circle, Ahmedabad.

23. E,D.-cum-I:T. Circle, Baroda.

This Notification shall take effect from 1st February, 1966.

LNo. 19 (F, No. 55/15/66-IT).]

G. M. KULKARNI, Under Secy.

OFFICE OF THE COLLECTOR OF CENTRAL EXCISE: POONA

Poona, the 28th December 1965

S.O. 309.—In exercise of the powers conferred by the second proviso to Rules

15 and 16 of the Central Excise Rules, 1944, I hereby make the following amend-

ment to the Poona Central Excise Collectorate Notification No. CER/1/61. dated

10th January 1961, namely:—

(i) In the Schedule appended to the said Notification, entries in Columns

1 to 4 against S. No. 9, 10, 11, 13, 14, 15 and 16 shall be substituted

by the entries in the Schedule appended to this Notification, and

(ii) After entry No. 16, a fresh entry inserted at number 17.

2. This Notification shall be deemed to have taken effect from the 1st day of

September, 1965.

SCHEDULE SHOWING THE

REVENUE

JURISDICTION OF THE AREAS EXEMPTED FROM

THE PROVISIONS OF RULE 15 AND 16 OF CENTRAL EXCISE RULES,

1944

SI. Name of the

No. District

9 THANA

Taluka/Mahai

Dahanu

Mukhada

Javar

Wada

Palghar

Villages exempted under Rule 15 & 16 of Centra]

Excise Rulesj 1944.

All villages

SEC. 3^1)1

l i l t

IJAACIJUL u i injjiw:

J-IHUAHI *B, imra/ mmmn

p, IIMI

xuj

1 0

I I

KOLABA

SHOLAPUR

Bcssin .

Bhiwandi

Shahapur

Murbad.

Kalyan

Talsari (Mahal)

Karjat .

Panvcl

Uran .

Khalapur

Pen

Alibag

Sudhagad

Roha

Murud

Mangaon

Shrivardhan

Mhasala

Mahad .

Poladpur

Pandharpur :

Malsiras

Mangalwedha

S angola

Karamala

Madha .

Barsl

North Sholapur

Sou A olapur

Mohol .

All villages

All villages except (i) Bhalwani (2) Ozewadi (3)

Bhose (4) Ambe (5) Surkoli (6) Nipatgaon (7)

Degaon (8) Chala.

All villages except (1) Nivre (2) Piliv (3) Karande

(4) Dharampuri (5) Akluj

All villages except (1) Mangalwedha (2) Dharam-

gaon (3) Machnur (4) Diksal (5) Tamdcrdi

(61 Mundewadi (7) Kajesta (8) Borali (9)

Huljanti (10) Patkul (11) Nimbomi (12) Lendi-

Chinchol.

All villages "except

(1) Raiapur

(2) Ekatpur

(3) Sangola

(4) Kolc (5) Dcvle (6) Ajmalc

(7) Nagaj (8) Manjari.

All villages except (1) Bhalewadi (2) Karanje (3)

Khambewadi (4) Karamala (5)

Mirgaon (6)

Borgaon (7) Dilmeshwar (8) Khadki (9) Kothare

(10) Bitergaon (11) Palegaon (iz) Bhalewadi

(13) Pandc (14) Keru (15) Ravgaon (16) PoplaJ

(17) Kondije (18) Hingpani (19) Parewadi

(20) Hivre (21) Hiware (22) Wangl.

All villages except (i") Madha (2) Lane (3) Tern-

burni (4) Shiral (15) Ridhore.

. All villages except (1) Pangti (2) Erie (3) Kor-

phale (4) Turk-Fimpli (5) Malwandi (6) Dha-

vale (7) Uplai (8) Undegaon (9) Sripat-Pimpri

(10I Kasarwadi (11) Barsi (12) Dhanorc (13)

Yedsi (14) Javle (15) Tadwale (16) Chincholi

(17) Janpur (18) Mundegaon (19) Puri C20)

Gormalc (zi) Aliapur (22) Bhalegaon (23)

Gaurgaon (24) Bhatambre (25) Zadl (26) Kasari

(27) Vairag (28) Kapiz.

All villages

All villages except (1) Akkalkot (2) Mamdabad (3)

Kasapur (4) Dalutne (5) Chapalgaon (6) Bar-

hanpur (7) Hannur (8) Nanlegaon (9) Pitapur

(10) Darshanal

( n ) Dombar-Javalgc (12)

Kai]al (13) Konhali (14) Hanjgi (15) Halchln-

choll (16) Sangvi (17) Sangvi (kd) (18) Sapalo

(19) Shirsi (20) Sadalpur (21) Khaiiat (2a

Gogaon (23) Chungi (24) Kini (25) Kftjim«mbaa

264^{T H E} GAZETTE OF INDIA : JANUARY 29, 1966/MAGHA 9, 1887

[PA*r II-

POONA

Sat:, a .

Phaltan .

Khandala (Petha)

Man

Jaoll

Mahabaleghwar

Wai

Korcgaon

Havcli

Shlrur .

Baramati

Idanapur

Dhond .

Maval .

Mulsi

Bhor

Purandar

. .

Khcd

Vclhe

Junnar

Ambegaon

(26) Kurnur

(27) Chinchkhed

(28) Hatl-

kambas (29) Nimbgaon (30) Arali (31) Aktal

(32) Khaindargi (33) Jatkapur (34) Haloti

(35) Kirajgi (36) Rampur (37) Udgi (38) Itge

(39) Jeur

(4°)

MalanhaU

(41) Naganhali

(42) Gaudgaon (43) Nagansur (44) Navindgi

(45) Hydra

(46) Salandudhani (47) Tolnur

(48) Dudhani

(49) Sinner

(50)

Mudgu

(51) Torangi

(52) Singoli

(53) Tadwal

(54) Buddesadi (55) Salgar (56) Mangrul (57)

Marsgi (58) Kidapgaon (59) Kalhepargi (60)

Gaudgaon (61) Sultanpur (62) Badole (Kd )

(63) Bordi (Kd) Baswant.

All villages except (1) Adul (2) Nisro (3) Mai-

harpcth (4) Navdi (5) Garudc (6) Maldan.

All villages except (1) KashU (2) Majagaon (3^

Kopardc

All villages except (1) J>adgaon (2) Sanghvi (3

Somanthali,

All villages except (1) Padcgaon (2) Taratgaon

(3) Wadja (4) Adarkc (5) Girvl (6) Nimbalak

(7) Phaltan (8) Murde (9) Jinti.

All villages except (1) Khaswad (2) Mardi.

All villages

All villages except (1) Bhosc (2) Surli (3) Wathar

(Xiroli) (4) Klroli (Wathar) (5) Rahimatpur (6)

Arvi (7) Taragaon (8) Takle (9) Bhaktwadi

(10) Kumtha (u) Tadawale (12) Bhadale (13)

Shendurjanc,

All villages except (1) Kondwa (Bk.)

AH villages except (1) Nirvi (2) Pimparkhcd (3)

Pirn alsatti (4) Kuril (Kalgaon) (5) Vadagaon-

Rasae.

All villages except

1) Kondalcshwar and (2)

Chopdaj.

All villages except (1) Palasdeo (2) Mandanwadl

(3) Kalthan (4) bikssl (5) Varkud (Bk) (6)

Gotondi.

All villages except (1) Algaon (2) Wadgaon

(Darckar) (3) Dcvalgaon-raje (4) Khanota (5)

Kasundi (6) Minghibcrd i (7) Malthan (8)

Lonandwadi

(9) Rajegaon.

All villages

All villages except (1) Ottur (2) Pimpalwadi (3)

Ale (4) Belha (5) Raiuri (6) Borl (Bk). (7) Bori

(Kd) (8) Waisakh-Khede (9) Vadgaon (Anand)

(10) Shlroli (Kd).

All villages

SEC. 3(if)] THE GA7ETTE OF INDIA: JANUARY 29, 1966/MAGHA 9, 1887

265

KOLHAPUR .

SANGU

Shahuwadi

Panhala Mahal

Bhudargad

Chandgad

Ajra Mahal

Bavada

Mahal

Radhanagari .

Gadhinglaj

Jath

Khanapur (Including

Atpadi Mahal)

Shirala Mahal.

Tasgaon

All villages except (1) Sattur (2) Ukhali (3) Ncrla

(4) Kliedc.

All villages except (1) Satwe (2) Phople

All villages except (1) Bamna

All villages except (1) Trimad

All villages except (1) Bhairewadi.

All villages

AH villages except (1) Atyal (2) Aumal (3) Gadhin

glaj (4) Habal (5) Gizawane (6) Jakhewadi (7)

Karamali ^8) Hiiani (9) Muguli (10) Jarali (11)

Khanilatti (11) Hunignal (n) Sarnli (14) Hiralge

(iS) Shandir (16) Hanimnal (17) Hasur (18)

Shipur (19) Harli

Khurda

(20) Lingpur

(21) Ainapur (22)

Nilgi (23)

Chanekuppi

(24) Tanawadi (25) Harii

Budruk

(26)

Donewadi (27) Madyal (28) Deknal (29) In

chonal (30) Kadgaon (31) Koulgc (32) Mutual

(33) Dundge (34) Bhadgaon (35) Chinchwadi

(36) Nul (37) Nesari

(38) Bheliwadi (39)

Maliwaji

(40) Thikewadi

(41) Kumbari

(41) Yemihatti (43) Tanfidi (44) Talewadi (45)

Watargi (46) Sombre (47) Katambawadi (48)

Shavantwadi (49) Shirpur (50) Tavoliwadi

(Si) Arjunwadi (52) Kundewadi (53) Hadalge

(S4) Salgundi (55) Basargc BK. (56) Basarge

Kd. (57) Bugadi-Kaui (58) Chandanpur fS9)

Halkarni

(60) Indurgucchi (61) Kumbalhal

(62) Kadalrgc (63) Khandal (64) Kalvikatti

(65) I-ingnnur (66) Manwad (67)

Mung-

urwadi (68) Narewadi (69) Nangnoor (70)

Tcri (71) Teginhal (72) Yennechawadi

(73y

Nandanwad.

All villages except (t) Madgya].

All villages except (1) Chikalhol (2) Upalc (3)

Katgaon (4) Kasarwadi (5) Wagewadi (6)

Tandoli (7) Kadegaon (8) Hingangaon (9)

Bhikarwadi (10) Upali-valur (11) Balwadi (12)

Dcorastra (13) Sankijre (14) Amlak (15) Wangi

(16) V. Raibag (17) Zare (18) Vibhuttawadi

(19) Galwcwadi (20) Kharsundi (21) Ghavanki

(22) Umbargaon (23) Vita (24) Gavali (25)

Bhukachiwadi (26) Bengiiur (27) Mahuli (28)

Kherodc (W) (29) Bamni (30) Nagewadi.

All villages except (i) Mangle (2) Khcd (3) Bilashl

(4) Kokrud (5) Chara (6) Karmala (7) Kande

(8) Chikhali (9) Karanguli (10) Arie (11) Sona-

wadi (j2) Mandur.

All villages except (1) Bhihvadi (2) Vasagade (3)

Khatav (4) Bramhanal (5) Kawathe (EK)

(6) Shirgaon (Kd) (7) Burli (8) Tasgaon (9)

Bendri (10) Borgaon (11) Yelani (12) Nagaon

(13) Dhulgaon (14) Kumtlia (IS) Nftgaon (16)

Bastawade (17) Dhavli (18) Turchi (19) Koulge

(20) Gotewadi (21) Bhambawade (32) Man

Rajure (23) Nimani (24) Kundal (25) Palus (26)

Ghogaon (27) Kundi (28) Nagrale

(29) Amn-

pur (30) Visapur (31) Rajapur (32) Chinchni

(33) Hatnoor (34) Shirgaon (35) Dahvari (36)

Anjani (37) Gawan (38) Savla).

3^{(56 THE GAZETTE 0> INPIA : JANUARY 29, 1966/MACHA 9, 1887}

[PAM I I -

[

RATNAGIRI .

Miraj

Mandngad

Dapoll

Khed

Gohaga

Chiplun

Ratangiri

Sangamcshwar

Lanja

Rajapur

Deogad

KankawaJi

Malwan

Kudal .

Vengurla

Sawantwadi .

(AH villages except (i) Mlraj (2) Nilji (3) Kalambi

(4) Tanang (5) Kupwad (6) Kanadwadi (7)

Bamni (8) Sawali (9) Manmodi (10) Kakadwadi

(11) Dhamani (12) Ankali (13) Mangaon (14)

Mahisal (i5) Dhavali (16) Waddl (17) Takil

(18) Bolwad (19) Khanderajuri (20) Mallewadi

(21) Gundewadi (22) Erandoli (23) Narvad

(24) Belunki (25) Shipoor (26) Lingnoor (27)

Bedag (z8) Arag (29) Khatau (30) Soni (3¹)

Bhose (32) Patgaon (33) Desin (34)

Haroli

(35) Kharsing (36) Alkud (37) Karoli (Soni)

(38) Shirdon (39) Borgaon (40) Salgare (41)

Kawathe Mahankal (42) Jaigawan (43) Kuktoli

(44) Hingangaon (45) Dnalgaon (46) Mahisal

(K) (47) Dhulgaon (48) Nandra (49)

amdoh

(50) Maujc Digrej (5i) Karnal (52) Sangalwadi

(53) Kavalpur

(54) Sangli (55) Bisur (56)

Haripur (57) Padmalc (58) Budhgaon (59)

Kharkatwadi (fio) Rasulwadi (61) Sambarwadi.

All villages

[No. CER/4/65.]

A. K. BATTOYOPADHYAY, Collector.

MINISTRY OF COMMERCE

(Office of the Textile Commissioner)

Bombay, the. 26t7i August 1965

S.O. 310.—In exercise of the powers conferred by sub-clause (1) of Claues 20

of the Cotton Textiles (Control) Order, 1948, and, in supersession of the Textile

Commissioner's Notification No. 9(9)/CT(A)/54, dated the 26th August, 1954, I

hereby direct that no producer having a spinning plant shall, without the provlous

permission, in writing, of the Textile Commissioner, produce any type of grey

or bleached cloth of plain weave whether or not mercerised—

(i) which has a width of less than 71 cms; but would otherwise be covered

by the manufacturing particulars and description of 'Dhoti' as con-

tained in item (a) of the explanation below

paragraph 3 of the

Textile Commissioner's notification No. S.O. 3656, dated the 13th

October, 1964;

(li) which has a width of lesg than 94 cms; but would otherwise be covered

by the manufacturing particulars and description of 'Saree' as con-

SEC 3(11)] THE GAZF.rTE OF INPIA: JANUARY 29, 1966/MAGHA 9, 1887

267

tained in item (b) of the

explanation

below paragraph 3 of the

Textile Commissioner's

notification No. S.O. 3656, dated the 13th

October, 1964.

(Sd.)

P. J. FEIMANDES,

Additional Textile Commissioner.

[No. CER/a/6B.]

[No. l(3)-Tex(I)/65.3

A. G. V. SUBRAKMANIAM, Under Secy.

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 15th January 1966

S.O. 311.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14 of

1947) the Central Government hereby publishes the following award of the Indus-

trial Tribunal, Bombay in the industrial dispute between the employers in rela-

tion to Messrs Kanji Jadhavji and Company Bombay and their workmen which

was received bv the Central Government on 3rd January, 1966.

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT

BOMBAY.

REFERENCE NO. CGIT 13 OP 1965.

Employers in relation to M/s. Kanji Jadhavji and Co., Bombay,

AND

The Transport and Dock Workers' Union, Bombay.

' PRESENT:

Shrl Salim M. Merchant.—Presiding Officer.

. APPEARANCES-.

For the employers.—Shvi C. K. Jaisinghani, Advocates, with Shri M. C.

Shah, Advocate, instructed by Shri. S. T. Shah.

For the workmen,—Shri S. R

Kulkarni,

Secretary, with Shri Manohar

Kotwal, Secretary, and Shri R. A. Pandit, Assistant Secretary, Trans-

port and Dock Workers' Union.

Dated at Bombay this 31st day of December, 1965,

"INDUSTRY: Major Port.

STATE: Maharashtra.

AWARD.

1. Upon a joint application of the parties above-named, the Centra) Govern-

ment, by the Ministry of Labour and Employment's Order No. 28/121/R4-LRIV

dated 30th January, 1965, was pleased, in exercise of the powers conferred by sub-

section (2) of Section 10 of the Industrial Disputes Act, 1047 (.Act XIV of 1947),

to refer the industrial dispute between the parties above-named in respect of the

Hollowing subject-matters, stated in Annexure 'A' in the Order of Reference: —

"Charter of Demands.

General Demands: —

1, Leave.—The present leave rules should be revised as under: —

Privilege Leave.—All workmen should be given 30 days privilege leave

in a year, accumulative upto 90 days.

Casual Leave,—-15 days in the year.

Sick Leave.—10 days in a year, accumulative upto 90 days.

2, Bonus.—All employees should be paid bonus equivalent to three months'

wages, including dearness allowance.

3, Provident Fund.—Provident Fund Scheme should be revised and or in-

troduced on the basis of contribution of 8i% of the total wages in-

clusive of dearness allowance on either side. The rules of provident

fund of the Bombay Dock Labour Board should be adopted by the

Company.

268 Tin; GAZFTTE OF INDIA : JANUARY 29, 1966/MAGHA 9, 1887

[PATT Tt-

4. Gratuity.—Each employee should be paid gratuity at Uie rate

of one

month's total wages for each year of service, the rules for payment

of gratuity of the Bombay Dock Labour Board should be adopted by

the Company.

5. Weekly off with pay,—All daily-rated workers should be given

weekly

off with pay.

Monthly workers

1. They have so far not been paid the legitimate Increase in Dearness Allow-

ance as was given to your Shore-workers and the dock staff

with

retrospective effect from July 1963 and February 1964.

(a) The jobs performed by these workers should not be taken away from

them and offered to casual workers even on Sundays and holidays,

and In the third shift.

2. Shore Workers.—The present system of calling them for booking twice

in a day should be discontinued,

(a) Irregularities in the payment of increased dearriess allowance as ai

result of which the full amount of dearness allowance has been de-

nied to them should be discontinued with immediate effect and full

dearness allowance increase with effect from July 1963 and Febru-

ary 1964 should be paid to them every month irrespective of the

number of shifts worked by them, with retrospective effect.

3. Gear.—As has been agreed between your Shri Dcvjibhoi and the Union,

the trollies should be introduced in any case before 15th August, 1964.

4. The work of shore-workers

should not be denied to them

even on

Sundays holidays or any of the night-shifts or on other any ground

whatsoever. No casual worker should be employed on their work as

long as these workers are available for employment.

5. Peons.—Peons should not be called upon to perform any clerical duties.

of signing, cancellation of the orders of the gangs at the Dock Office

of the Bombay Dock Labour Board, It is not their legitimate duty,,

and should, therefore, be discontinued immediately.

(a) They should be supplied with three sets of full uniforms each year,

6. Watchrnen,—Watchmen should be supplied with rain-coats,

umbrellas,,

and gum-boots for their use during monsoon.

7. Pallewallas and Pallewallis.—Pallewallas have been denied their legiti-

mate wages for Sunday, which is their weekly day of rest during the

last so many years. They should, therefore, be provided with work

in all the days in a month as and when it is avai'able, and in any

case their jobs should not be offered to outside labour as long as they

are available for employment, even in excess of 30 shifLa in a month,

2. After the usual notices were issued on the

parties, the

Transport

and

Dock Workers' Union (hereinafter referred to as the 'Union') filed its written

statement of claim dated 29th March, 1965, M/s. Kanji Jadhavji & Co

(herein-

after referred to as the 'Company') by Its application dated 12th March, 196&

stated that it would file its written statement on or before 23rd March,

1965

and forward copy thereof to the Union, but failed to do so and by its application

dated 23rd March, 1965 asked for a week's more time till 31st March, 1965 to-

file Its written statement, but again failed to do so, and by its application dated

2nd April, 1965 asked for further time, and finally filed its written statement

dated 16th April, 1965, with copy thereof to the Union.

3. Thereafter, the Company filed a Suit in the Bombay City Civil Court at

Bombay (Suit No. 2822 of

1965)

against the Transport

and Dock Workers'

Union and the Presiding Officer of this Tribunal as Defendents Nos. 1 and

respectively, in which inter-alia, it sought a declaration that this Tribunal has

no jurisdiction to entertain and adjudicate upon or make enquiry into matters

In this reference as were covered by

earlier Awards and Settlements,

and

obtained an interim

injunction

restraining

this

Tribunal

from

proceeding,

with the hearing of this Beference, but later the parties when they appeared

before me on 20th September, 1985 stated that the said Stay Order had beem

vacated and made their submissions before me.

The hearing of this dispute

bofere me was concluded on 3rd November, 1965.

ire. 3(ii)] THE GAZETTE OF INDIA: JANUARY 29, 1966/MAGHA 9, 18»7

269

4. Before dealing, therefore, with the merits of the dispute, it is necessary

first to deal with the preliminary objection urged by the Company in its written

statement dated 16th April, 1965 which is that certain subject matters under

reference were covered by subsisting settlements or awards and that therefore

the Union could not raise an Industrial dispute in respect thereof without having

terminated the said settlements and awards by notices under Section 19 of the

Industrial Disputes Act and therefore this Court had no jurisdiction to entertain

the reference. In order to appreciate the legal contention urged, it is necessary

to give a brief history of this dispute. It appears that the Union by its letter

dated 16th July, 1964 (Annexure 'A' to the Company's written statement) sub-

mitted a charter of demands which hBs been reproduced above, and also referr-

ed the matter to the Conciliation

Officer (Central) Bombay for conciliation of

the dispute under the Industrial Disputes Act, 1947 (Act XIV of 1947) (herein-

after referred to as the 'Act'). The Conciliation Officer called the parties before

him by his letter dated 27th August, 1964, (Ex. E-p on 1st September, 1064, and

they appeared before him through their representatives. Before the Conciliation

Officer, the Company's representative appears to have urged that there was no

industrial dispute existing as contemplated under the Act between the concern-

ed workmen and the said Company, as almost all the demands contained in the

Charter of Demands were covered by subsisting Awards and Settlements. The

Company has stated that its representative orally

gave

particulars of

those

awards and settlements to the Conciliation Officer and also gave details of them

in their letter to him dated 14th September, 1964,

(Annexure 'B' to the Com-

pany's written statement). According to the Company, the Union stated before

the Conciliation Officer that there were so many awards and settlements bef-

ween the concerned workmen and the Company that it was not in a position to

say as to which of the awards and settlements were in force and which were

terminated, and that the Union required some time to sort out the workmen

who were covered by the subsisting awards and settlements from the workman

who were not covered by the said awards and settlements, as the awards and

settlements were not universally applicable to all the workmen of the Company.

According to the Company, the Conciliation Officer

thereupon suggested

that

the parties ' might agree to refer the alleged dispute for

adjudication

under

Section 10(2) of the Act, without prejudice to the rights and contentions of both

the parties, and that both the parties thereupon

accepted the suggestion, and a

settlement was reached be-fore the

Conciliation

Officer for adjudication under

Section 10(2) of the Act. This settlement was signed on 18th September, 1964,

and its terms were as follows: —

"Both parties agree (i) that both parties will discuss mutually and try to

settle this dispute latest by 15th October, 1964 (iit in case no settfe-

ment is arrived at by the above date, the whole dispute will be

referred to adjudication under Section 10(2) of the Industrial Dis-

putes Act, 1947 (iii) this agreement to discuss the dispute mutually

and on failure, to refer it to adjudication, is without prejudice to

the rights and contentions of both the parties."

According to the Company, it tried to discuss the matters with the Union, but

no discussions took place. The Company has urged that the intention of both

the parties in holding the discussions was that the said Union would satisfy

itself whether the existing awards and settlements referred to by the Company

in its letter dated 14th September, 1964 were in fact in existence, arid as to whether

and to what extent the matters in dispute were covered by the said settlements

and awards, and which of the said concerned workmen and which of the said

awards and settlements effective. According to the Company, as the matter was

not settled by the parties by 15th October, 1964, the Company and the Union

submitted a joint application required under Rule 3 of the Industrial Disputes

(Central Rules) 1957, with an application dated 7th December, 1564 prescribed

under Section 10(2) of the Act, to the Secretary, Government of India, Ministry

of Labour and Employment, for referring

the dispute for adjudication. (The

Company has annexed to its written statement as Annexure 'D' the copy of the

said application dated 7th December, 1964; with copy of the joint settlement and

Annexures thereto). Upon receipt of this joint application, the Central Gov-

ernment, by its order dated 30th January, 1965, referred

the dispute to

adjudication.

According to the Company, as stated in its written statement,

the Charter of Demands is submitted by the Union on behalf of 269 workmen

viz., (a) 19S Shore-workers (b) 22 Mahinawallas (c) 12 Pallewallas (d) 7 Palle-

wallis (e) 8 Shivnars (f) 18 Watchmen and (g) 4 Peons.

5. The Company in its written statement, has relied upon the provisions

of Section 19, 19(2), 19(3) and 19(6} read with Section 17A and the

definitions

270

THE GAZETTE OF INDIA : JANUARY 29, 19G6/MAGHA 9. 1887

[PART II-

of the terms "award" and "settlement" under Section 2(b) and Section 2fp)

of the Act in support of its contention that settlements and awards which it says

ore existing have not been terminated by the Statutory Notice of 2 months re-

quired under Section 19 of the Act, and therefore these settlements and awards

continue to be in force and no industrial dispute could validly be raised or re-

ferred to a Tribunal for adjudication.

It has, therefore, submitted that this refe-

rence is bad in law, and the Tribunal has no jurisdiction to entertain the same.

The Company has, however, in its written statement admitted that the follow-

ing demands are not covered by any of the subsisting awards and settlements:—

(1) Bonus (ii) Leave for (a) 198 Shore-workers

(b) 8 Shivnars and (c) 4 Peons.

With regard to these two demands, the Company has in its written statement

raised other objections, with which I shall deal when discussing theise demands on

the me: its,

0. At the hearing of the dispute, I have hoard the submissions of both parties

on this preliminary legal objection, and I shall dispose of this contention first.

7. In determining the objection raised, a review of the relevant portions of

Section 19 of the Industrial Disputes Act, 1947, which deals with the period of

operation of settlements and awards Is necessary and they are Sections 19(1),

19(2), 19(3) and 19(6), which are as follows:—

"19. Period

of operation

of settlements

and awards:

(1)

settlement

shall come into operation on such date as is agreed upon by the

parties in the dispute, and if no date is agreed upon, on the date

on which the memorandum of the settlement is signed

by the

parties to the dispute.

(2) Such settlement shall be binding for such period as is agreed upon

by the parties, and if no such period is agreed upon, for a period

oJf six months (from the date on which the memorandum of settle-

ment is signed by the parties to the dispute) and shall

continue

to be binding on the parties after the expiry of the period aforesaid

until the expiry of two months from the date on which a notice

in writing of an intention to terminate the settlement is given by

one of the parties to the other party or parties to the settlement.

(3) An award shall, subject to the provisions of this section, remain in

operation for a period of one year (from the date on which the

award becomes enforceable under Section 17A.)

(6) Notwithstanding the expiry of the period of operation under sub-

section (3), the award shall continue to be binding on the parties

until a period of two months has elapsed from the date on which

notice is given by any party bound by the award to the other party

or parties intimating ita intention to terminate the award."

It is also necessary to reproduce the definition of the terms

"award" and

"settlement" as appearing in the Industrial Disputes Act, 1947. These

terms

have been defined as under; —

"Section 2(b) "award" means an interim or a final determination of any in-

dustrial dispute or of any question relating thereto by any Labour

Court, Industrial Tribunal or National

Industrial Tribunal and in-

cludes an arbit'ation award made under section 10A.''

"Section 2(p) "settlement" means a settlement arrived at in the course of

conciliation proceedings, and includes a written agreement between

the employer and the workmen arrived

at otherwise than in the

course of conciliation proceedings, where such agreement has been

signed by the parties thereto in such a manner as may be prescribed,

and a copy thereof has been sent to an officer authorised in this behalf

by the appropriate Government and the conciliation officer."

There is no dispute that the Awards referred to by the Company are Awards as

defined by Section 2(b) of the Act. With regard to settlements an analysis of the

definition of that term includes both a settlement arrived at in the course of con-

ciliation proceedings and a written agreement between an employer and the work-

men arrived at otherwise than in the course of conciliation proceedings. In case

of such written agreement it must be signed by the parties thereto in such manner

as may be prescribed, and copy thereof must be sent to the officer outhorised in

SEC. S(ii)] THE GAZET1I OF INDIA: JANUARY 38, 1B66/MAGHA 9, 1887

2^7I

that behalf by the appropriate government and the conciliation officer. The first

is a result of conciliation proceedings, and the latter is without the intervention

of a conciliation officer or a Board of Conciliation. Now, Section 2(e) of the Act

defines "conciliation proceeding" as follows: —

"conciliation proceedings means any

proceeding

held by a conciliation

officer or Board under this Act."

8. Now, the point urged by the Company is that the Awards and the Settle-

ments referred to by it could bt- vulidly terminated only by two months v/ritten

notice, and as admittedly two months written notice has not been given, all these

Awards and Settlements continue to remain in iorce, and no fresh industrial dis-

pute can be raised in respect of the subject-matters

covered by these existing

Awards and Settlements, The Union, on the other hand, has contended that the

notice under Section 19(2) for the termination of a Settlement and under Section

19(6) lor termination of an Award need not necessarily be a formal notice termi-

nating the Award or Settlement, but that the submission of a Charter of Demands

and the subsequent conduct of the parties could bring about a termination oE an

Award or Settlement. The Union has mainly relied upon the decision of

the

Honourable Supreme Court in the leading case on the subject of the Workmen of

Western India Match Co., and Western India Match Company (1962, I LLJ, page

661). The facts of that case were that the consent award based on the agreement

between the parties, inter-alia, decided scales of pay and rates of dcarness allow-

ance. Without giving a formal notice under Section 19(2) terminating the settle-

ment (or the award) the workmen presented a Charter of Demands in respect

of scales of pay and dearness allowance also. Various representations were made

on behalf of the workmen in respect of the two demands. Subsequently, under

the terms of settlement, the parties agreed to get the dispute relating to scales of

pay referred for adjudication.

One of the terms of settlement recorded in that

dispute in relation to dearncas allowance was already referred for adjudication.

In the circumstances, the various representations made on behalf of the workmen

and the presentation of the Charter of Demands were held sufficient to terminate

the settlement. Hence, absence of a formal notice under Section 19(2) of the Act

terminating the settlement was held immaterial in view of the subsequent repre-

sentation made by the workmen, and the other facts stated supra-

The next case relied upon by the Union is the judgement of the Division Bench

of the Hifih Court of Mysore in the case of Bangalore Woollen Cotton and Silk Mills

Ltd. and its Workmen and Another (1965 II LLJ, page 13) where it was held that

Section 19(6) of the Act does not say that the notice provided therein should be

in writing, and there is no justification to add one more requirement under Section

19(6) of the Act, that the notice contemplated therein shall be in writing. It was

held that in view of the fact that all that Section 19(6) says is that the notice

terminating an award should be given, therefore it is reasonable to infer that in

the latter case, the Legislature did not Intend that the notice to be given under

that section should be in writing. Distinguishing the provisions of Sec. 19(6) from

the provisions of Sec. 19(2), their Lordships held as follows: —

"Therefore, It is reasonable to Infer that in the latter case, the Legislature

did not intend that the notice to be given in that section, i.e., 19(6)

should be in writing. It is a well Known canon of construction that

when the Legislature uses different "words in the same enactment, and

particularly in the same section, it must be deemed to Intend to give

those words different meanings. No form is prescribed for a notice

under Sec. 19(6). In the instant case, several letters written on behalf

of the workmen make it clear that they were not satisfied with the

leave provisions contained In the earlier award, and that they wanted

a revision of the same, which In effect, meant an intimation of their

intention to terminate the earlier award. Hence, the inference of the

Industrial Tribunal that there was in substance, compliance with the

provisions of the Act in the instant case must be held correct and

justified,"

9. In the case of Cochin State Power Light Corporation Ltd. and its Workmen,

(1964, II LLJ, page 100) the Hon'ble Supreme Court held that as there is no form

prescribed for terminating settlements under Sec. 19(2) of the Act, all that has to

be seen is whether provisions of Sec. 19(2) are complied with and in substance a

notice is given as required thereunder.

This decision of the Hon'ble

Supreme

Court would, in elfect, over-ride the decision of the High Court of Calcutta in the

case of Continental Commercial Company Pvt. Ltd. and the Government of West

Bengal and Others, (1962 I LLJ page 65) because it is held by the Hon'ble Supreme

Court that even under Sec. 19(2) what is to be seen is whether in. substance the

notice is given terminating an existing settlement as required thereunder.

The

272

A Hfi GAZETTE OF INDIA : JANUARY 29, I966/MAGHA 9, 1887

(PART II—

facts of that case were that after the expiry of the period of settlement by afflux

of time, the Union submitted a Charter of Demands. In the demands it was stated

that the Union had resolved to terminate the settlement and submit the present

demands.

There was a specific- statement made therein that the settlement was

being terminated thereby. In these circumstances, It was held that there was

sufficient notice as required under Sec. 19(2) of the Act, and hence the reference-

in regard to matters covered by the settlement must be held valid. His Lordship

Wanchoo, J, delivering the judgement of the Bench, observed: —

"In the instant case, we are of the opinion that the Charter of Demands itself

showed that the Union terminated the existing settlement, and there-

after, submitted the Charter of Demands to the Appellant. That was,

in our opinion, sufficient notice to the Appellant in substantial com-

pliance with the provisions of Sec. 19(2), The objection, therefore, that

the reference was bad in law in view of the existing settlements must

fail."

The ratio that emerges from these decisions is that (1) it is not always necessary

that a notice in writing must be given under Sec. 19(2) terminating a settlement,

and under Sec. 19(G) for terminating an

award, (ii) submission of a Charter of

Demands followed by a course of conduct between the parties may suffice to ter-

minate an existing settlement or an exL-stinjj award, (iii) that as no forms are pres-

cribed, it is not necessary for the notice terminating a settlement under Sec, 19(2)

to be given in a prescribed form, and (iv) that for terminating an Award under

Sec. 19(ti) no notice in writing is necessary.

Shri Jalsinghani, the learned Advocate for the Company lias relied upon the

decision of the High Court of Rajasthan in the case of Maharaja Shri Umaid Mills

Ltd., Pall, Marva, verms the Textile Labour Union (Red Flag) (AIR 1958, Rajas-

than, page 34) where it was held that in construing the provisions of Sec. 19(6)

the notice must be in writing. That judgement has been referred to and differed

from In the judgement of the High Court of Mysore in the case of Bangalore,

Woollen, Cotton, and Silk Mills Ltd, and its Workman and Another (1965 II LLJ,

paga 13) to which I have referred above.

10. In my opinion, it is quite clear that the Union in submitting its Charter of

Demands dated lfith July 1964 clearly indicated that it wanted to terminate the

existing settlements and awards covering the demands contained in the Charter.

It is no doubt true that the Company, by its letter dated

14th September 1964,

addressed to the Conciliation Officer, had stated that the demands were covered

by the awards and settlements to which it had referred in

that letter.

had

further stated that one award, that of Shri Das Gupta, in Bef. No. 3 of 195S had

been terminated, and It had contended that

the demands on which awards

and

settlements WHSP subsisting could not be taken up for discussion and in conciliation

proceedings.

However, on 18th September, 1964, a settlement was

reached bet-

ween this Company and the Union, which. In giving a short recital of the case,

recorded as follows: —

"The Secretary. Transport & Dock Workers' Union, Bombay, vide hjs letter

No. TD/143/1711/64 dated 19th August 1064. forwarded the Charter

of Demands for the intervention of this office. Discussions took place

on 14th September 1964, as a result

of conciliation

proceedings the

dispute was settled on the following terms on 18th September 1964."

The Memorandum of Settlement then proceeded to record the terms of settlement

which were that (i) both parties will discuss mutually and try to settle this dispute

latest by 15th October 1964 (ii) that in case no settlement Is arrived

at by the

above date, the whole dispute would be referred to adjudication under Sec. 10(2)

of the Act. (iil) this agreement to discuss the dispute mutually

and

In case of

failure, to refer it to adjudication, by a joint application, is without prejudice to

the rights and contentions of both the parties. Pausing here for a moment, the

settlement made in thia Memorandum of Settlement of 18th September 1964 clearly

establishes (I) that the Charter of Demands was submitted (2) joint discussions

took place on 14th Seotember 1964 (3) as a result 6f such joint discussions, a settle-

ment was reached by which the parties agreed to discuss mutually and try_ and

settle the dispute by a particular date, i.e., 15th October 1964 and (4) on the failure

to arrive at a settlement by that date, the parties agreed to make a joint applica-

tion, for reference to a Tribunal under Sec, 10(2) of the Act. The third clause of

the agreement no doubt provided that the agreement to discuss mutually and in

case of failure, to refer It to adjudication by

a joint application, was without

prejudice to the rights

and

contentions of both the parties (Underlining mine).

Shri Jaisinghani, the learned Advocate for the Company has argued that

this

proviso of "without prejudice to the rights and contentions of both parties" proved

SEC. 3(ii)] THE GAZETTE OF INDIA: JANUARY 29, 1966/MAGHA 9, 1887

273

that the Company's objection that the Industrial dispute could not be raised over

the demands contained in the Charter oi' Demands because of fhe existing settle-

ment and awards was preserved. Shri Manohar Kotwal h3s, on the other hand,

argued that what that clause implied was that the agreement to make

a joint

application lor relerring the dispute to adjudication was without prejudice to the

rights and contentions of both parties on the merits of the demands contained in

the Chatter.

I am inclined to a.rept tnia interpretation because if the intention

was that the Company's

contention that

an industrial

dispute referring these

demands, could not be raised because

o£ existing settlements

and awards, then

surely, tile conciliation settlement of 18th September 19tj4 would not have provid-

ed for the joint application being wilhout prejudice to the rights and contentions

of both parties. It would then have stated that the joint application was being

made without prejudice to the Company's contentions that the existing settlements

•and awards precluded the raising of the dispute. It is significant that thereafter,

both parties made a joint application dated 7th December 1964 to the Central Gov-

ernment,

in that joint application, the Company dlcj not cay that it was making

this joint application without prejudice to its contentions that the settlements and

awards had. not been terminated, and this industrial dispute could not be adjudicat-

ed upon. No doubt it is true that 11 reference under Section 10(2) does not take

away the rights of the parties tn raise objection as to whether what has been

referred is an industoial dispute or not or raise objection to liie validity of the

reference. In my award in Kef. No. CG1T-4 of 1964 in the case of one other corn-

puny concerned in that reference viz., Navalchand A, Mohta & Bros., I had upheld

the objection to the validity oi the reference on a particular demand because the

order of reference against that company was made before the period of the notice

under Section 10(2) had expired.

In that case, the two months notice was given

during the period when certain agreement was admittedly in force. In ihat case,

the earlier agreement relating to the rates of wages was binding from 1st February,

11)63. Therefore the statutory period of this agreement was six months from 1st

February, 1963 till 31st July, 1963, and its statutory life would have expired on

1st August 1963. The Union, however, made the demands on 30th July 1063 i.e.,

before the expiry of six months f-om the statutory period of the agreement. It

was. therefore that I upheld the objection, relying on the decision of the Rajasthan

High Court in the case of Maharaja Shri Umaid Silk Mills Ltd. (AIR 1958, Rajas-

than page 34), and I have distinguished the facts of that case from the facts of

the case in Western India Match Co., Ltd., (1962 I. LL.J. page 661), because in the

latter case the Charter of Demands was submitted after the statutory period of

the agreement had expired, whilst in reference No. CGIT-4 of 1964 the notice was

given during the statutory period of subsistence of the agreement. In the earlier

case, there had been no other representations and there were no terms of settle-

ment agreeing to refer the demand for wages to adjudication.

It was in

these

circumstances that I upheld the contention raised by Shri Jaisinghanj, who ap-

peared for the employers in the case of Navalchand A. Mehta & Bros. The facts

of the Instant case are clearly distinguishable from the facts of the earlier case.

11. There is yet another point to be considered in regard to the agreements

relied upon by the Company. Shri Kotwal has argued that the agreements relied

upon by the Company are not settlements as defined by Section 2(p) of the Act.

As I have pointed out earlier, there are certain statutory requirements to be ful-

filled before an agreement can become a settlement, as denned by Section 2(p)

of the Act. Now, the Company has not produced the originals of the agreements,

which it says, cover the subject matters of certain demands under reference.

From the copies of the settlements filed along with the Company's written state-

ment, it is not shown on the face of the copies tiled by the Company, that those

are settlements arrived at in the course of

conciliation

proceedings. All

the

agreements referred to by the Company in its written statement are not proved

to be settlements reached in conciliation.

And with regard to agreements not

reached in conciliation, there is nothing to show that they fulfil the requirements

prescribed by Rule 2(p) viz., (1) that they were in the prescribed form prescribed

by the Industrial Disputes (Central Rules) 1957 and (2) that copies of it were

forwarded to the authorised officers apnointed by the appropriate Government

and the Conciliation Officer. In the absence of these requirements prescribed by

Section 2(p) of the Act being fulfilled those agreements do not become "settle-

ments" as defined by Section 2(p) of the Act. and would not, therefore, attract

the provisions of Section 19(2). In other words it would not be necessary to give

two months' notice to terminate these agreements.

12. With regard to the Awards in force, the Company, in its letter of 14th

September 1964, to the Conciliation Officer (Annexure 'B' to its written state-

ment), and in its written statement has referred to only two awards (1) of Shrf

P. D. Vyas, in Reference No. 1 of 1957 and (2) of Shri A. Das Gupta In Reference

274

T H £ G A Z £ T T E 0 F M " = JANUARY 29, 1966/MAGHA 9, 1887

[PART U -

No. 3 of 1958—Award dated 6th November, 1958.

The Company has in its written

statement, however, stated that this Award of Shri Das Gupta was terminated

by the Union.

Thus, the only other award referred to in the Company's written

statement which has not been terminated is the award of Shri P. D. Vyas in Refe-

rence No. 1 of 1957.

13. With regard to the settlements, as I have stated

earlier, Annexure

"E",

agreement dated 28th July, 19H2, Annexure "F", settlement dated 12th August,

1959, are clearly on their very face not settlements under Section 2(p') of the Act

and there is nothing to indicate that (a) they were in the prescribed form and

(b)

their copies were sent to the authorised officer appointed by the appropriate

Government and the Conciliation Officer.

In fact, the Company has not cared to

produce originals of any of the agreements to which it has referred in its written

statement, and the copies as filed fiive no indication that these were agreements in

conciliation or otherwise.

I, therefore, hold for the reasons stated above, that the Company's contention

that the reference is bad because the existing settlements and awards are not

terminated has no validity and the same is rejected.

I, therefore, hold that the

reference Is valid and I have jurisdiction to entertain the same.

14. Before dealing with the merits of the dispute, I may state that M/s. Kanjl

Jadhavji and Company, which is a proprietary concern, besides doing the work

of stevedores, is a contractor of Messrs. Scindia Steam

Navigation

Company,

[B.S. Co. (1953) Pvt. Ltd.] and enjoys certain privileges which have been noticed

by the Labour Appellate Tribunal in paragraph 206 of its decision.

This Company

has acquired a special position in the Bombay Docks and has boon allotted special

berths in the Princess Docks, and does work of loading and unloading of cargo,

etc. similar to that of the Bombay Port Trust's work I n the rest of the Docks.

In addition, as stated earlier, the Company is also doing work as Clearing and

Forwarding Agents for Cemenl

Companies,

and

has the

right to deal

with

passenger traffic of their principals in the Dock.

It was stated at the hearing that

in all its business, the Company, engages about 1,000 workmen.

Messrs

Kanji

Jadhavji and Company have their

branches at Karachi in

Pakistan,

Kutrh,

Mandvi, New Kandla, Porbandar and Bhavnagar, it carries on business as Freight-

brokers, Stevedores and Contractors to the Scindia Steam Navigation

Company,

and acts as Agents to the International Air Transport Association, and the Indian

Airlines Corporation.

15. There is no douht that the Company does business on an extensive scale

in many lines.

The Company at the hearing has not filed its audited statements of

accounts showing the profits earned by it for any year.

There is, however, not

the least doubt that this Company which is of a long-standing is doing business

in a big way In various lines of business and is in a financially sound and stable

position.

16. However, at the heaving on MOth September, 1965 the Company

merely

filed a typed statement "particulars of receipts and expenditure in respect of the

work of shore-handling done at Bombay for the year 1964". On the receipts side

of the statement, the Company has given the following particulars :—

Rs.]

4,53,723-28

On 2,10,058 tons atRs. 2-16 per ton.

RB.

50,413-92

Due to Shri Das Gupta's Award, Additional liabilities incurred and

•——

——

discharged by Scindia Steam Navigation Co. at Rs. o .24 per ton.

RB.

5,04,139'20

Rs.

30,000-00

Idloage.

Rs.

5,34>I39"2O

On the expenditure side it has shown the particulars of expenditure incurred

way of wages to piece-rated workers and payment by way of attendance allow-

ance, holiday allowance, leave-pay, provident fund contributions, for the months

January. 1964 to December, 1964, inclusive, which, according to it had amounted

SFC. 3(11)] THE GAZKTTE OF INDIA: JANUARY 29, 1960/MAGHA 9, 1887

275

to Ra. 4,59,738.04. It has stated that in addition it had to incur expenditure of

wages to staff as follows .—

Rs.

Shri D. P. Pujara

17,000

ShriJ.B. Bhatt

7,500

Shri Borkar .

5,000

Shri Thakar .

5,000

34.500

S tationcry, Office and Incidental

2,500

Income Tax payable

20,000

5,16,738-04

Net profits Rs. 17,401.GO.

Now, the Union challenged this statement and after

Inspection was given, the

Company filed affidavits dated 27th October, 1965 of Shri J, B. Bhatt, Supervisor

In-charge to which were annexed certain particulars.

It has alto filed the affi-

davit on the same date of one Shri S. M. Trivedi, In-charge of the Bill Section, to

which it has annexed two statements, Ex. E and Ex. F. There was considerable

discussion at the hearing about the correctness of some of the items.

The Union

did not file any affidavit in reply to the said two affidavits and the particulars

attached thereto.

The fact, however, does emerge that

M/s,

Scindia

Steam

Navigation Co. has paid to the Company at the rate of Rs. 240 per ton

with re-

trospective effect from November, 1958, and that the Company "has by now

received a sum of Rs. 45,307-74 paise for the year 1964"

being the

difference

hetween the rate of Rs. 2-]H per ton and Rs. 240 per ton, which amount It re-

ceived in or about August 1985. The Company has also filed a copy of an agree-

ment purporting to be between It and the Srlndla Steam Navigation Co. dated

22nd January 1954 and a copy of the subsequent office-order of M/s. Scindia Steam

Navigation Co. dated 13th May, 1958 (as confidential information) and it has urged

that the rates in force between It and Scindia Steam Navigation Co. are those stated

in these agreements. The Union has argued that S.indla Steam Navigation Co, gives

the Company revised rates whenever improved rates of wages and service conditions

are imposed by awards of Industrial Tribunals. That had clearly happened when

the Dns Gupta award was made.

Be that as it may, I am not satisfied that the

statements filed by the Company reflects the correct

financial position of the

Company which in my opinion, is much better. The expenditure Items—some of

which are given in round figures—are not free from doubt. It is not shown how a

provision of Rs. 20,000 claimed by way of income tax Is justified for this year

on a net profit of Rs. 17,401'(30, as

stated in the Company's

statement dated

29th November 1965 filed in these proceedings. There is also this fact that certain

payments to staff, e.g. payment to Shri D, P. Pujara shown to have been made in

1964, are in.respect of past years. The salary and dearness allowance of Shri Pujara

is only

Rs. 372'00 per

month.

The

expenditure

statement however,

shows

Rs. 17,080'00 having been paid to Shri D. P. Pujara during 19G4. It was, however,

stated that he was paid the following amounts in 1964 which pertained to previous

years.

Rs. 1500

• Conveyance Allowance for 1962.

Rs. 1000

. Tiffin Allowance for 1962.

Rs,

900

. O. T. Allowance for 1961.

Rs. 1360

. Night Allowance for 1961

Rs.

240

- House Allowance for 1961.

Rs. 1416

. Bonus for 1962.

Rs. 3200

• Kandla Office Rojmcl 1962.

Rs, 3000

• General Rojmal for 1962.

Rs. 11,716

Surely, when trying to assess the financial capacity of the employer, such

large payments for previous years made In the only year for which the statement

of income and expenditure is filed, and which seeks to reduce substantially the

net profit for the year, cannot be said to reflect the normal yearly trading results

of the Company.

It would not be fair to asss=s the financial stability of the

276 THE GAZETTE OF INDIA : JANUARY 29. I96e/MAGHA 9, 1887

[PART II-

Company on its statement of income and expenditure of only one department, and

that too for only one year. Even so, this statement, containing expenditure Items

which

are not

free

from doubt,

shows

that this

department had

earned

substantial profits.

I am satisfied, after considering the long-standing of the

Company, its vast businesses in other lines, the extent 'of the import and export

cargo which It handles for Messrs Scindia Steam Navigation Co., that the Company

is financially stable, and that It has the financial capacity to meet the reasonable

demands of Its workmen.

17. I now proceed to deal with the demands on their merits:—

18. Demand No. 1 : Leave:—The demand is that the present leave rules should

be revised as under:—-

Privilege Leave:—-All workmen should be given 30 days' privilege leave in a

year accumulative upto 90 days.

Casual Leave; —15 days in a year.

Skk Leave:—10 days in a year accumulative upto 90 days.

The Union in its statement of claim dated 29th March 19G5, has stated that the

existing leave rules as applicable to the workmen under rcterrnce as stated In the

terms of settlement in Reference No. 3 of 1958 before Shri Das Gupta are less bene-

ficial than those applicable to shore-workers and the Bombay Port Trust and Steve-

dore workers of the Bombay Dock Labour Board. It has stated that the Company is

also a registered stevedore, and as surh draws labour from the pool of the Bombay

Dock Labour Board; that the company has monthly stevedore workers to whom

it gives the benefit ot¹ leave rules admissible to the other stevedore workers of

the Bombay Dock Labour. The demend made by the Union in respect of privilege

leave, casual leave and sick leave is based on the leave rules at present in force

for the shore-workers as well as stevedore workers of the Bombay Port Trust,

which are as stated in Annexures E & F to its written statement.

19. The Company in para 18 of its only written statement on record dated

16th April, 1965 has stated as follows :—

"In the circumstances there remain the following demands which are not

covered by any of the subsisting awards and settlements :

1. Bonus, and

2. Leave, for 198 shore workers, 8 shivnars and 4 peons."

Thus the Company concedes that the demand for leave for 198 shore-workers,

8 shivnars and 4 peons can be adjudicated upon in this reference. Thus out of

269 workers covered by the reference according to the company's pwn statement

210 are not covered in the matter of leave provisions by existing awards and

settlements. However In its written statement the Company has contended that

18 watchmen and 7 Pallewallas i.e. 25 workmen are covered by the award of Shri

P. D. Vyas in Reference No. 1 of 1957. According to the Company, that Award

granted leave according to the Bombay Shops and Establishments Act.

In its

written statement, it has given the

following extract from the Award dated

26th September 1957 of Shri P. D. Vyas in industrial dispute Ref. No. CGIT-1 of

1957, on which it has relied:—

"Regarding leave with pay, there Is a statutory provision in Sec. 35 of the

Act and the workmen may rest assured that the Company shall apply

the provision in granting leave to watchmen, pallewallas. and tally

clerks,"

In this connection, the Company has in Its written statement made the following

observation :—

"According to the said award, these 25 workmen have been granted leave

in accordance with Sec. 35 of the Bombay Shops and Establishments

Act, (hereinafter referred to as the Bombay Shops Act). Under Sec.

35 of the Bombay Shops Act, these 25 workmen enjoy 21 days con-

solidated leave, which includes sick leave, privilege leave and casual

leave."

20. The Company has next stated that the 22 Mahinawallas and 12 Pallewallas

(totalling 34) are governed in the matter of leave by the settlement dated 6th Dec.

1957, under which they are entitled to leave at 1/llth of their attendance, Including

weekly offs and holidays In the year, with a right to accumulate the same upto

SEC. 3(ii)] THE GAZETTE OF INDIA: JANUARY 29, 196S/MAGHA 9, 1887

277

90 days with no right to encash the same. Thus, the Company's contention Is that

only these 59 workmen of the 2U9 workmen (at one place i.e. in the joint application

for reference under section 1(1(2) the Company has given the number ol workmen

as being 275; are governed, in the matter of leave provisions hy existing agreements

or awards.

21. The terms of settlement under Reference No. 3 of 1K>8 provided the follow-

ing settlement on the demand for leave facilities: —

"Demand No. 3:— Leave; Settlement; the Company with cilect

from 1st

Novcjriber, 1958, grant one day's leave for every 11 days attendance,

including weekly offs

and

holidays

to the foUowing categories 01

workmen, namely (1) shore-workers (Bandh workers) (2) Palle-

wallas, (3) Shivnars, (4) Watchmen and Peons. As regards cart and

wagon unloaders, the Company will grant them 14 days consolidated

leave with pay- As regards Pallewallas and Mahinawallas. their

leave facilities are covered by the settlement between the parties

dated 6th December. 1957."

But the terms 01 settlement also provided that the workmen will be ullowcd

to accumulate leave upto a maximum of 90 days and any leave earned in excess

of 90 days will lapse. Leave shall nnt be encashable, except when leave is asked

lor but refused bv the

Company. Leave under this settlement is consolidated.

It is clcav from the demand made and the terms of settlement that 1his consoli-

dated amount of leave was agreed to in. respect

of a demand for earned leave

equivalent to Vllth of duty including weekly offs and holidays. In that dispute

15 day's casual leave with full pay and 20 days sick leave with half wages was

also demanded.

22. At the hearing, it was admitted that the Tally

Clerks, Supervisors, and

Stevedore Workers or the Company are being granted the following leave benefits:

"l/4th of the attendance as privilege

leave

with pay with the right to

accumulate upto 90 days, 10 days sick leave, 7 days casual leave with

accumulation upto CO days,"

23. In all the facts and circumstances of the case and considering the leave pro-

visions granted by this very company to some of its other categories of employees

I am satisfied that a provision of paid privilege leave at the rate of 30 days in the

year as demanded would be adequate with the right to accumulate the same upto

90 days and I award accordingly.

24. With regard to casual leave, the Union stated that it would be satisfied

•with 10 days in the year as given by this Company to its stevedore workers, such

leave to be modified from time to time, for the Company's shore workers. It is

admitted that the Company does not grant any separate casual leave to its work-

men covered by this reference. I agree with the Union that the Company would

not be justified in refusing provision of casual leave to the workers covered by

this reference, when it is granting the same to its stevedore workers. No doubt,

it employs its stevedore workers in its capacity

as stevedoring

firm, and these

workers are employed by it in its

businesses

as contractors

for

Scindia

Steam Navigation Co. All the same, it is now

well

established by innumer-

able awards, agreements and settlements that

workers

in Bombay are entitled

to some provision of casual leave to meet emergent and unforeseen circumstances.

The practice of granting casual leave is commonly prevalent in firms and com-

panies employing labour in Bombay Docks and Ports, and I think some provision

of casual leave is justified.

Normally, 10 days casual leave in the year with pay

is granted and as shown above the Company is granting it at that rate to some of

its other workers. I think a provision for a similar period of casual leave would

be justified.

I would, therefore, allow all the workers covered by this reference

10 days casual leave in the year with pay, subject to the following conditions: •—

1. Casual leave cannot be availed of as of right.

2. Casual leave can be availed of only for emergent and unforeseen circum-

stances.

3. There shall be no accumulation of casual leave.

25. Sick Leave,—It is admitted that this Company does not grant any sick leave

to its workmen. Provision for sick leave like that of casual leave in addition to

privilege leave is now the common practice and what I have stated regarding the

grant of casual leave is equally applicable to sick leave. I would, therefore, grant

these workers sick leave of 7 days in the year. Now, sick leave is the one leav«

278

TH,-: GAZETTE OF INDIA : JANUARY 29, 19fl6/]V*AGHA 9, 1887

[PART I I -

which by its very nature must be allowed to be accumulated. The employees of

the Bombay Dock Labour Board are also granted 7 days sick leave. The Union

has claimed accumulation upto

90 days, which

I think is too long, I would

allow accumulation for 6 years, i.e., 42 days.

26. Demand No. 2:—Bonus.—The demand is that all employees should be paid

bonus equivalent to three months wages including dearncss allowance. The Union

has stated that in this Company bonus has all along been paid on an ad-hoc basis,

the rates of which are not uniform for all categories of employees. The Union has

contended that looking to the long-standing of the Company, its vast business and

also taking into consideration the fact that the Company, by virtue of its conti-

nuous contract with the Scindia Steam Navigation Company, has virtually become

a principal employer, it is capable of paying bonus to all its employees at the same

rate. The Union has further urged that the Company has been discriminating

against shore-workers by denying only them payment of bonus out of the other

categories of its workmen covered by this reference, even though vhey form the

backbone of this business of the

company. The Union has submitted that the

demand for three monthu wages as bonus is justified.

27. The Company in para 18 of its written statement has stated as follows:—

"In the circumstances, there remain the following demands which are not

covered by any of the subsisting awards of settlements:—(1) Bonus

(2) Leave: for 198 shore-workers, 8 shivnars and 4 peons."

And in para 19 of its written statement, the Company on the demand for bonus-

has slated as follows: —

"This demand is vague, and therefore, cannot be adjudicated upon. There

is no specific

demand for

any specific

order. In the circum-

stances, it is not possible for the company for making its submissions

on this item.".

28. Now, it is admitted at the hearing that

the

Company had been paying

bonus to all its 269 workmen shown in its letter

dated

14th Septembc , 1964,

(Ex. B), except the 198 shore-workers. The other workers, namely, Mahinawal-

las, Pallewallas, Pallewallis. Shivnars, Watchmen and Peons are being paid bonus

in terms of an agreement dated 6th

December,

1957, under which Pallewallas,,

Pallewallis and Shivnars get annual bonus of Rs. 100, Rs. 85 and Rs. 121 res-

pectively. It was admitted at the hearing that the Company has paid these work-

men bonus from 1st July, 1954, to 1st July, 1956, and that that rate of bonus has

continued upto date, i.e., 30th June, 1964, It may not be out of place to mention

that to the stevedore workers, the Company pays bonus on the basis of an asree-

ment. between the Bombay Stevedores Association and the Transport and Dock

Workers' Union, under which, for the last two years bonus has been paid to them,

at the rate of 91 days basic pay for each of these two years. The Company at the

hearing admitted that except the shore-workers, the other categories of workers

shown in Ex. B have been paid bonus for the year 1st July, 1963, to 30th June.

1964, at the rates mentioned in the agreement dated 6th December, 1957, referred

to above. It further stated at the hearing that in fact they had been paid at that

rate till June, 1965.

29. Technically, the Company's p^a that the demand for bonus is vague, and

therefore, cannot be adjudicated upon; is correct. It is well-settled law that when

a demand for bonus is mode and an industrial dispute is raised with regard to it,

the year for which the bonus is claimed must be specified for the employer to

meet the demand on its merits, In this case, the Union's demands for three months

bonus for each year, inclusive of dearness allowance, does suffer from vagueness,

as it is not specified for which year the bonus is claimed. Admittedly, the demand

is for profit-sharing bonus, and as such, it cannot be in the general form in which

it is made, without the year or years for which the bonus is claimed being specifi-

ed. Now that there is legislation governing the payment of bonus it would not

be possible to adjudicate on a dispute for bonus when the accounting years for

which the bonus is claimed are not specified, and as such, the demand would be

deemed to be vatjue. Though the

Company

has made a joint application for

reference under Section 10(2) it is not precluded from rising the plea of vague-

ness, particularly as the Union has not specified the years for which bonus Is

claimed, not only in its Charter of Demands but also in its written statement of

claim. There is also no agreement providing the period for which bonus is to be

raid to the shore-workers. I, therefore, uphold the Company's technical objec-

tion that the demand as worded is vague and cannot be adjudicated upon.

Sr.c. 3(il)] THE GAZETTE OF INDIA: JANUARY 29, 1966/MAGHA. 3, 1887

279

I must, however, make it abundantly clear that I am not disposing of the claim

for bonus for any year on the merits. The payment of bonus is now governed by

provisions of the Payment of Bonus Act, 1965 (Act XXI of 1965), which has re-

placed the Payment of Bonus Ordinance, 1965. Section 10 of that Act provides

lor payment of minimum bonus at 4 per cent of the "salary or wage" (as defined

under the Act) earned by the employees during the year or Hs. 40, whichever is

higher, irrespective of losses earned by the employer in the particular accounting

year for which bonus is to be paid. Clearly, the workmen under reference, parti-

cularly the 193 shore-workers who have not been paid any bonus,

are, under

statute entitled to payment of bonus under the Payment of Bonus Act, 1965, and

the fact that I am upholding the technical objection of the Company cannot take

away their statutory right to claim and the Company's statutory liability to pay,

bonus for the Company's financial year 1963-64, or any earlier accounting year,

under the Payment of Bonus Act, 1965 (Act XXI of 1965),

30. Demand No. 3: Provident Fund.—Provident Fund should be revised and/

or introduced on the basis of contribution of 84 per cent of the total wages inclu-

sive of dearness allowance on either side. The rules of provident fund of the

Bombay Dock Labour Board should be adopted by the Company,

At the hearing, it was pointed out by Shri Jaisinghani, Advocate for the Com-

pany, that the Provident Fund in force was managed by a Board of Trustees and

the Company at the hearing on 1st October, 1965, filed a copy of its Provident Fund

Trust Deed dated 27th February, 1956. However, the present Trustees of the Pro-

vident Fund have not been brought on record in this reference, and in their absence

it would not be possible to adjudicate on this demand. The demand cannot, there-

fore, be adjudicated upon in the absence of the necessary parties, viz., the Trustees

having been brought on record.

31. Demand No. 4:

Gratuity.—Each employee should be paid gratuity at the

rate of one month's total wages for each year of service, the ? ules lor payment of

gratuity of the Bombay Dock Labour Board should be adopted by the Company.

The Union, in its written

statement of claim, in support of this demand has

stated as follows:—

"that the present gratuity scheme introduced by the Company falls very

much short of the gratuity schemes introduced for other Dock workers

in Bombay Port. The

workers

are, therefore, iustified in getting

their own scheme improved in the light

of the gratuity scheme in

force for the Port Trust employees and the monthly rated stevedore

workers employed by the Company."

At the hearing on 1st, October, 1965, the Company tendered the Deed of Trust

dated 26th November, 1960, relating to gratuity. It appears from that deed that

the gratuity fund has been created for the benefit of the workmen covered by this

reference, namely Shivnars, Shoreworkers, Mahinawallfls, Pallewallas, P;tlleival~

lis, Watchmen and Peons. By that Deed for Indenture, Rai Valbai, the widow of

Thakur Kanji Jadhavji, Sole Proprietor of the business carried on by her in Bom-

bay and other places in the name and style of Kanji Jadhavji and Co., had created

a fund called the Gratuity Fund and had appointed Gokuldas Khimji Jamnadas

Nanjee and Mathuradas Gokuldas and Mathuradas Nanjcc as Trustees. It is also

clear that that trust was created for the benefit of the following categories of work-

men, viz., Shoreworkers, Pallewallas, Pallewallis, Shivnars, Watchmen and Peons,

who are the workmen covered by this reference.

Since

admittedly there are

Trustees in relation to the gratuity fund, they were necessary parties to the demand.

for improvement in the existing terms and conditions of the present scheme of"

gratuity applicable to these workmen. In the absence of these Trustees having

been impleaded as parties, the demand cannot be adjudicated upon.

32. Demand No, 5: Weekly off with pay.—All daily rated workers

should be'

given weekly off with pay. The demand is that all daily rated workers should be

given weekly off with pay. The Union, in its written statement in support of this

demand has stated that the daily rated dock workers in the port of Bombay have

been agitating for a very long time for the introduction of weekly off with pay.

It has referred to the decision of the Hon'ble Supreme Court relating to the daily

rated shore-workers employed by the Bombay Port Trust, to whom the Mini-

mum Wages Act is applied, and who were directed to be paid additional wages

for working on their weekly day of rest, and that following that decision of the

Supreme Court, the Bombay Dock Labour Board also by an agreement with this

Union introduced a weekly off with pay to all the daily rated stevedore workers

with retrospective effect from June 1&62. It has, therefore, argued that in equity

if the daily rated workers of this Company who have not been paid the weekly

280 THF GAZETTE OF INDIA : JANUARY 29, 1966/MAGHA S, 1887

[PART 11-

off with pay should be given the same benefits as are given to the shore-workers

of the Bombay Port Trust and the registered stevedore workers of the Bombay

Port Trust,

The Company in its written statement on this demand has stated as follows:—

"The said Company further states that in so far as the demand of weekly

offs is concerned, the same is governed by the provisions of the

Bombay Shops and Establishments Act and the rules made there-

under, and the non-compliance of which is penal. The said Company,

therefore, submits that this is not a demand which can be agitated

as an industrial dispute under the said Act."

33. At the hearing on 30th

September, 1965 and 1st October, 3 965, Shri

Jaisinghani, the learned Advocate for the Company, repeatedly stated that the

monthly rated workers are granted weekly offs with pay under See. 3 8 of the

Bombay Shops and Establishments Act, 1948, and that even the daily rated

workers got their weekly oil day if they put in 6 days work in the week, and

they were also governed by the provisions of Sec. 18 of the Bombay Shops and

Establishments Act, 1948. The Union was inclined to challenge this as an in-

correct statement which the management was making with a view to avoid

adjudication on this demand. The representatives of the Company, however,

at the hearing consistently and repeatedly stated that even to their daily rated

employees it was applying the provisions of Sec. 3 8 of the Bombay Shops and

Establishments Act, 1948, in the matter of weekly offs with pay. Therefore,

according to the Company itself, all the daily raled workmen are at present

entitled to and they are being given weekly offs with pay. Therefore, the only

fair award to make would be that the Company shall continue its present terms

and conditions of service of its daily rated workmen in respect of grant of

weekly off with pay, which is as recorded above, and I award accordingly.

34. I shall now take up the demands in respect of the; monthly rated

workers.

Demand No. 3.-—The first demand is for payment to the monthly rated workers

of the increase in dearness allowance which was given by the Company to its

shore-workers and dock staff with

retrospective effect

from July, 1963 and

February, 1964. The Union at the hearing has stated that there has been no

change in the rate of dearness allowance for the monthly paid employees since

1956. It has urged that a great injustice had been done to the monthly paid

workmen, because all other categories of workmen have been paid additional

dearness allowance from time to time.

It was, however admitted at the hearing that since 1st July, 1958, the Com-

pany has granted its shore-workers the following

increases in dearness

allowance:—

a te :—

1-7-1958

Monthly rated :—

Rs. 5/-

16-1-1960

„

RS. 5/-

„

1-11-1961

„

Rs. 5/-

„

1-10-1964

„

Rs. 5/-

„

1-2-1965

„

Rs.7.80

„

1-3-1965

„

Rs. 7.50

It is, however, admitted that the Company has not paid the increase in dearness

allowance which the Central Government employees got with effect from 3st July,

1963. granted to them by the Central Government Circular No. F. 1(1)-E2B(G4)

dated 11th February, 1964, from the Ministry of Finance, Department of Expendi-

ture. It is also admitted at the hearing that the Company has not granted the

ncrease in dearness allowance granted by the Central Government Circular No.

l(l)-E.IKB) dated 7th May, 1964 from the Ministry of Finance, Department of

Expenditure granting increased dearness allowance, which came into force with

•retrospective effect from 1st February 1964. These are the two increases in dear-

nesa allowance which the Union claims under demand No. 1 above.

The increase in dearness allowance granted from time to time to the dock

workers in Bombay Port has been referred to by me in some detail In my Award

in the industrial dispute Reference No. CGIT 102 of 1964 between M/s. Dharsl

Moolji and Its Workmen [See Gazette of India. Part II, Sec. 3(il) dated 21st

August, 1965 pages 2862 to 2865.]

SFC. Sfil)] THE GAZETTE CF INDIA: JANUAKV 29, 1966/MAGHA 9, 1«87

2^8l

The increase in dearness allowance granted by the Government of India by its

said notification dated 11th February, 1964, retrospectively from 1st January, 196$

was as follows:—

Pay

Increase in Dearncxs Allowance

Rs, 110

Rs. 2.

Rs. 110 and above, but below Rs. 150

Rs. 5

Rs. 150 and above, but below Rs. 210

Rs. 5.

Rs. 210 and above, but below Rs. 300

Rs. 10

The increase in dearness allowance granted by the Central Government noti-

fication dated 7th May, 1964 with effect from 1st February, 1964 was as follows: —

Rs. 110

Rs, 3.50,

Rs. 110 and above, but below Rs. 150

Ra. (5.50

Rs. 150 and above, but below Its. 210

Rs. 7.00

Rs. 210 and above, but below Rs. 300

Rs. 10.00

Shri Jaisinshanl has, in opposing the demand, arfiued that the claim for the

two increases in dearness allowance should be considered bclaied, because these

workmen have accepted subsequent increases in dearness allowance. This is

factually incorrect, because the only other increases in dearness allowance which

these workmen have got were those granted on 1st October, 1964. 1st Feb-, 1965,

and 1st March, 1965. which payments were made after the Charter of Demands

was submitted, raising this industrial dispute. Thus, in fact, there is no beLiled-

ness in this demand, nor can the acceptance of these three payments be treated

as a waiver o" their claim made earlier. In fact, the last two increases in dear-

ness allowance were the result of recommendations of the Centra I Wage Board

for the Port and Dock Worke~"s, the first being an interim wage increase and the

second an increase in dearness allowance.

On the merits, I accept the Union's

contention that, considering the rise in th<"- cost of living index No. and the conse-

quent increases in dcarness allowance which employees in the pocks and Port

of Bombay have got, these workmen too would be entitled to the increases which

they have claimed. There is no reason why they should be deprived of this neu-

tralisation in the rise of the Cost of Living index No. which necessitated the prant

of these two increases. As I have noticed in my Award in Reference No. 102 of

1964, other like Companies have granted these increases in dearncss

allowance

to their workmen. I would, therefore, direct that all the monthly rated work-

men covered by this reference who were in the service of the Company as on

1st July, 19G3, and 1st February, 1964, will get the increases in dearness allowance

at the rates shown in the table reproduced above, the payment to be made within

30 days of the publication of this Award in the official Gazette.

Demand No. 1 (a).—The Union in its written statement has urged that

the

monthly rated workers are paid a meagre wage by way of basic pay and dearness

allowance, and that they are deprived of their

legitimate claim of

additional

opportunity of earnings by being denied employment at overtime rales "for work

on Sundays and Holidays. It has further stated that even in the third shift when

there is full employment available, the Company engages

casual labour

and

gives no chance of additional employment and overtime earnings to its regular

employees. It has urged that the action of the Company amounts to unfair labour

practice as its motive is to save money by taking this work at lower wages from

casual workers. It has, therefore, urged that in all fairness the Company should

engage monthly rated workers for

overtime employment

on Sundays

and

Holidays, and in the third shift in preference to casual labour,

36, The Company in its written statement in para 9 has

stated, that this

demand cannot be the subject matter of an industrial dispute as grant of such

a demand would result in infraction of some of the provisions of the Bombay

Shops Act.

It has specifically stated that

according to the provisions of

the

Bombay Shops Act and the Rules made thereunder, the Company is bound to

give weekly offs. It has further urged that the demand is covered by a settle-

ment dated 12th August, 1959 (Annexure "F"), which is subsisting.

36. I have dealt with and rejected the legal objection to the maintainability of

this demand on the ground of it being covered by the settlement of 12th August,

1959, With regard to the provisions of the Bombay Shops and Establishments

Act, the representatives of the Company at the hearing stated that the provisions

of the Bombay Shops and Establishments Act and its Rules would be contraven-

ed if this demand were conceded. They stated that in fact the Company has to

search for shore-workers and that it would have no objection to concede

this

demand if it secures exemption from the provisions of the Bombay Shops and

2^% 2

THE GAZETTE OF INDIA : JANUARY 29, 1966/MAGHA 9. 1887

[PART II-

Establishments Act

But, the Company has not shown what provisions of the

Bombay Shops and Establishments Act would be contravened if this demand were

to be conceded. The Union's anxiety appears to be that instead of

engaging

casual workers at lower pay, the Company should give employment to its regular

workers for work on Sundays and holidays and m the third shift. In view of

the submissions made, the only reasonable direction to give would be that the

Company should give preference to its monthly workers for employment

Sundays and holidays and for employment in the third shift, if such employment

does not contravene the provisions of the Bombay Shops Act. It has not been

established by the Company that it necessarily would result in the contravention

of the Bombay Shops Act in every case of employment of its regular monthly

rated workmen for work on Sundays and holidays and in the third shift. It is

only when the employment of the regular monthlv rated workmen would result

in contraventions of the Bombay Shops Act by their being employed for more

hours than are prescribed by that Act that they would be committing a breach

of the law. Where the employment of the monthly-rated on Sundays and holidays

and in the third shift would not result in violation of any provisions of

the

Bombay Shops and Establishments Act, I would direct that they should be given

preference for such employment over employment of casual labour.

Demand No. 2.—Shore-workers.—The present practice appears to be that the

shore-workers are asked to report for duty half an hour before the time fixed

for each shift.

The first shift commences at 8 a. m. and the shore-workers are

to report by 7.45 a. m. The second shift starts at 5.30 p. m. and the shore-workers

are to report by 5 or 5.15 p.m. When the workmen report themselves in the

second shift, the workers to be employed in that shift and the third shift which

starts at 12 midnight are selected. The Union has argued that by being called '

for work twice in a day, considerable hardship is caused to these workmen. It

has sought to argue that in the Dock Labour Board and in the Bombay

Port

Trust the workers in the Painting and Chipping sections are not required

report twice in a day because the workers are divided into three shifts.

Under

the settlement (Aimexure 'F') al] the workmen, except the watchmen, are re-

quired to report for booking half an hour before the commencement of

each

shift. The Company has pleaded that it is not in a position to know at 7.30 a.m.

how many shore-workers would be required to be booked for the second and

third shifts, because it is not known by then how many gangs of shore-workers

would be required for the second and third shifts. Whilst no doubt the present

system works a hardship on the workmen, the

Company also is in a difficult

position for the reason stated above. It would, therefore, not be fair to Rive the

direction sought for on this demand.

I would, however, recommend that the

Union and the management should try and evolve a formula by which a certain

number of shore-workers only should be asked to report half ah hour before the

first shift and the remaining should report themselves for work only half an hour

before the second shift, for employment in the second and third shifts.

I am

confident that if a serious effort is made, difficulties on both

sides could

obviated.

Demand Na. 2(a),—The Union, in its written statement of claim, has stated

that the manner in which the increase of dearness allowance is being paid by the

Company is irregular and illegal, and amounts to illegal deduction of the workers'

wages. The method of payment of dearness allowance is by dividing the quantum

of dearness allowance by 30, and pay them only for the days they "are employed.

This, according to the Union results in the full amount of dearness allowance

that the workmen are entitled to for full attendance in the month not being

paid to them. The Union has, therefore, prayed for a direction on the Company

to effect payment of full dearness allowance with retrospective effect from 1st

July, 1963. The Union has pointed out that the average employment of these

workmen works out to only 12 to 14 days in a month, and therefore, they are

justified in demanding dearness allowance for 26 days in the month. It is admit-

ted that the Company is paying dearness allowance for extra-shifts.

The Union

has not proved that there is a general

practice for shore-workers to be paid

dearness allowance for the days on which they get only attendance allowance.

The Dock Labour Board and the Bombay Port Trust do not pay dearness allow-

ance for the days on which shore-workers get only attendance allowance, I am

not satisfied that a case has been made out for granting the demand as framed,

which is rejected.

38. Demand No. 3(a).—Gear.—At the hearing, it was stated that the Company

had supplied trolleys and therefore, this demand most be deemed to have been

conceded and I award accordingly.

Demand No. 4.—This is the same demand as for th monthly rated and at the

hearing, the Union supported this demand on the same grounds on which

supported the similar demand for the monthly paid workers, i.e., Demand No.

3FX. ;>(ii)] THE GAZETTF. OF INDIA: JANUARY 29, 1966/MAGH* 9, V367

283

l(a). The Union has argued that the shore-workers of this Company should be

compared with 'A' category shore-workers of the B.P.T. and registered stevedore

workers of the Bombay Dock Labour Boad, where, under the provisions of a

scheme it is obligatory on the employers not to engage casual Jabour as long as

registered stevedore workers are available. I would, therefore, on thin demsnd

make the same award as I have given on demand No. l(a) for the monthly rated

workers.

Demand No. 5.—The Union, in its written statement, has urged that in order

to effect unfair economy, the Company makes the peons do the duties of clerks

in the night-shifts.

According to the Union, this is irregular, and amounts to

unfair labour practice and it has, therefore, urged that either the peons should

be paid wages of clerks or the Company should make its own arrangements for

clerical work, which is performed by peons in the night shift.

At the hearing,

it was stated that it was only once in a while that the peons are required to do

the clerical work mentioned above, and that they are not required to do so regu-

larly. It does, therefore, appear that though not regularly, the peons are asked

to attend to work which is essentially clerical. The demand is that the Company

should be asked to stop this practice. Even if this type of work is not required

to be done regularly, it is not proper

that peons should be asked to do this

clerical work with the attendant responsibilities that attaches to it, without some

compensation being paid to them by way of additional remuneration.

If, how-

ever, the Company cannol agree to grant them some additional remuneration,

then the only direction to give is that the Company should not at any time take

such work from the peons, because the danger always is that if such work is taken

only on occasions, ]ust now, it may become a practice to treat it as part of the

normal duties of peons, without additional remuneration to them, which would

not be fair. In the result, I direct that the Company should stop the practice of

making the peons do this work, but that if it wants them to do the work, it should

pay them some small additional remuneration.

40. With regard to Demand No. B(a) it was stated that the Company

has

agreed to supply three sets of uniforms and the only thing I would like to direct

is that this supply should be made in April or May of each year.

41. Watchman,—-Demand No. 6.—The demand is that the watchmen should be

supplied with raincoats, umbrellas and gumboots for their use during the mon-

soon. By an existing award of Shri Vyas the workmen are supplied with umb-

rellas, but I do not think that the workmen are precluded from raising an indus-

trial dispute claiming the additional benefits of gum-boots and raincoats.

I do

not think the Unions demand for over-conts instead of umbrellas is

justified.

They work in shifts, and Shri Kulkarni for the Union was fair enough to state

at the hearing that he was satisfied with the workmen being supplied with umb-

rellas, but he pleaded that they may be given gumboots- Since the workmen

work in sheds I do not sec how the supply of gum-boots is justified. The demand

for gum-boots is, therefore, rejected.

Demand No. 7.—The Union

in its written

statement has stated that

the

pallewallas of this company are treated with marked disfavour since a slight im-

provement was effected in their wages. It was stated that prior to the agreement

in respect of their wages, the Company was offering employment to

pallow-

wallas of nearly 30 days In a month, but that after the agreement, the Company

employs irregulars on Sundays and holidays. The Union has pleaded that the

Company be directed that they should not employ

outside labour in place of

pallewallas. At the hearing, the Company once again emphasised that it would

be making a breach of the Bombay Shops and Establishments Act, if it were to

give its pallewallas and pallewallis by making them do more work. I think on

this demand also the same direction should be given as on the earlier demand

No. l(a) that if consistent with the provisions of the Bombay Shops and Estab-

lishments Act, the pallewallas and pallewallis can be employed for

work on

Sundays and holidays, the Company should do so and should not take outside

labour for their work. I am inclined to think that the Company is employing

outsiders not with a view to spare its regular employees, namely the pallewallas

and pallewallis, the ardours of overwork, but to effect economy by paying out-

siders lesser wages than what it would be required to pay to the pallewallas and

pallewallis if they were given work on Sundays and holidays. I repeat again that

such work should be given to them only if it does not contravene any provisions

of the Bombay Shops and Establishments Act and its Rules.

I may make it clear that wherever the existing terms and conditions of service

are more favourable to the workmen than what I have awarded by this Award,

the workmen will be entitled to those better terms and conditions of service.

2 S 4

1 H I i tiAZEUJi OF INDIA: JANUARY W, IS66/MAGHA «, 1HH7

[FART II—

I think this is a fit case where costs should be awarded in favour of the Union..

I, therefore, award Rs- 250/- as costs in favour of the Union, to be paid within

one month from the date this Award becomes enforceable.

Sd/-

SALIM M. MERCHANT,

Presiding Officer.

[No. 38/I21/64-LRIV.]

New Delhi, the l&th January 1966

S.O. 313.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14

of 1947), the Central Government hereby publishes the following award of the

Industrial Tribunal, Calcutta, in the industrial dispute between the employers In

relation to the Assam Oil Company Limited, Digboi and their workmen which

was received by the Central Government on the 3rd January, 1966.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, CALCUTTA

REFERENCE NO. 52 or

1964

PARTIES :

Employers in relation to the Assam Oil Company Limited, Digboi,

AND

Their workmen.

PRESENT:

Shri L. P. Dave—Presiding Officer.

APPEARANCES:

On behalf of employers—Shri J. K. Ghosh, Advocate.

On behalf of workvien—Shn N. Das Gupta, Advocate.

STATE: Assam

INDUSTRY- Oil

AWARD

The Government of India, Ministry of Labour and Employment by order No.

25/2/64-LPTI, dated 17th August 1964, have referred the industrial dispute existing

between the employers in relation to Assam Oil

Company Limited and their

workmen in respect of the following matters for adjudication to this Tribunal.

The matters referred to for adjudication are:

1. Whether the action of the management of M/s. Assam Oil Co., Digboi, in

closing the Refinery Rice Store was justified?

2. To what relief are the workmen affected by such closure entitled?

2. The facts leading to the present dispute are as under:

The employers in this case, whom I shall hereafter refer to as merely the

Company, had started a shop for supplying food grains to their workers.

This

shop was known as the main rice store and catered to the needs of about 5,000

workmen. It appears that originally the food grains were supplied to the work-

men at a concession rate. In August 1942, the company Increased the number

of shops to three by opening two more shops which wore known as the Muliabari

rice store and the Refinery rice store respectively. At that time the company

had about 8,000 workers. In 1948, there was an industrial dispute between the>

company and its workmen which was referred to for adjudication to the Central

Government Industrial Tribunal, Cal"utta.

The

dispute

several

matters one of which was granting of dearness allowance. The Tribunal framed

a scheme for paying dearness allowance in cash. It also ordered that the com-

pany should maintain their food shop and continue to run it on the basis of a no

profit no loss principle. Thereafter food .grains are being supplied to the workers

on a no profit no loss basis from

the above shops. The

company closed its

Refinery rice store witb effect from 1st September. 1963 and directed that all the

•workers who used to make their purchases from that store should do so from the

main rice store. This has led to the present dispute. The union contends that

the closing of the above store amounts to a change of service conditions and also

amounts to taking away of a DrivileKC and a confession which they had got and

the company should not be allowed to do so. They have further contended that

the workers are being put to a great inconvenience because of this in as much as

the workers who were drawing their requirements from the Refinery rice store

have now to walk a greater distance for going to the main store and have alsc?

SEC. 3(ii)] THE GAZETTE OF INDiA: JANUARY 2*. iSW/MAfcHA 9, 1887

285

•to pay higher porter charges for carrying the foodgrains, etc. from the store to

their respective houses. It has also been said that they have to waste a great

deal of time in drawing their requirements from the store, On the other hand,

the company's case is that their labour strength had gradually gone down with

the result that the number of purchasers in each store also' went down. They

further contend that workers formerly they used to allow each worker to make

purchases twice a month (first purchase could be made on a credit basis up to the

amount of the wages earned by the worker till that date and the second purchase

had to be made on cash basis), the workers could (from 1st March If62) make

purchase only once in a month (on a credit equivalent to the wages of the whole

month). The company contends that as a result of this change, the number of

purchases made from the stores has also gone down. They therefore say thajt

looking to the number of purchasers and to the number of purchases, two store*

would meet the requirements of the workers and that is why they have closed

down one of the stores. They further contend that the distance of the housea

of the different workmen who were drawing their requirements from the Refinery

rice store is not much greater than the distance from the main store and in some

cases it is actually less. They deny the allegations that the workers have to wait

a long time before they could make their purchases' from the new store. Lastly,

they have raised a contention that the reference is not maintainable in law. ,

3. Under Section 7A of the Industrial Disputes Act, the Government, have the

power to constitute an Industrial Tribunal for the adjudication of the Industrial

dispute relating to any matter specified in the

Second

schedule or the Thirfl

schedule of the Act. Under Section 10 of the Act also, the Government has power

to refer an industrial dispute for adjudication to a Tribunal when the dispute or

any matter appearing to be connected with or relevant to the dispute is relating

to any matter specified in the Second schedule or the Third schedule. Thus only

matter which are mentioned in the II or III schedule of the Act are within the

jurisdiction of an Industrial Tribunal.

4. Reliance was placed on behalf of the workmen on entry No. 4 in the Secontt

schedule and entry No. & in the Third schedule and it was said that the present

dispute will fall within either of these items. Item No. 4 of the Second schedule

refers to the "withdrawal of any customary concession or privilege". Item No. '9

of the Third schedule refers to 'Rationalisation'-

5. Before proceeding further, I may also mention here that according to the

contention of the workmen, the action of the company was illegal inasmuch aa

they had not given a notice as required by Section 9A of the Act to any workman

before closing the Refinery rice store. Section 9A lays down that no employer,

who proposes to effect any change in the conditions of service applicable to any

workman in respect of any matter specified in the Fourth Schedule, shall effect

such change without, among other things, giving notice to the workmen. It was

urged that the closure of the Refinery rice store amounted to a change in tqfe

conditions of service as covered by items 8 and 10 of the Fourth Schedule, Itelpns

8 refers to "Withdrawal of any customary concession or privilege or change in

usage" and item 10 refers to "Rationalisation, standardisation or Improvement bt

plant or technique which is Likely lo

lead

to retrenchment

workmen".

Admittedly no notice has been given under Section 9A; because, according to the

company, the closure of the shop does not amount to a change in the service con-

ditions of the workmen.

ft. The important question, therefore, for consideration would be whether the

closure of the shop amounted to withdrawal of customary concession or privilege

or change in usages and/or whether it amounts to rationalisation. If the answer

to either of these two questions is in affirmative, then this tribunal would have

no jurisdiction to entertain this matter and in such a case the company's action

would not be held to be valid under section 9A of the Act, I am however not

satisfied that the company's action amounts either to withdrawal of any customary

concession or privilege or to rationalisation,

7, The concession or privilege which the workmen are entitled to was the right

to obtain their requirements from a shop which should be run by the company on

the basis of no profit no loss principle. It was urged on behalf of the workmen

that at the time of the award given in the above dispute, the company was running

three shops and under the terms of the above award that privilege was ordered

to be continued and therefore, the company cannot close down any of the three

shops. I do not agree with this contention.

8. The tribunal was then considering the question of deamess allowance. Whea

•that question was being argued before it, the employers had stated tjiat

they

186 THE GAZETTE OF INJHA : JANUARY 29. 1960/MAGHA 9, 1887

[PART II-

were supplying food stuffs to the workers at a concessional rate. The tribunal

•fter considering all matters fixed a scale of dearness allowance saying that it

•hould be paid in cash. It then observed, "but the company .should maintain

the food stuff shop and continue to run the same on the basis of no profit no loss

principle. The cost of maintaining the shop should be borne by the Company.

This arrangement should come into force within 2 months of the publication of

this award . It would thus appear that the tribunal was only considering the

question of granting of dearness allowance to the workers and while fixing the

dearness allowance, it ordered that the company should continue to maintain the

food shop on a no profit no loss basis. It may be noted at this stage that the

word used was 'shop' in singular and not 'shops' in plural, though admittedly

at that time there were three shops being run by the company. It supports the

view that the tribunal had in mind only the privilege of supply of food stuffs

to the workers on a no profit no loss basis. By no stretch of imagination could

It be said that the tribunal directed or decided that the number of shops should

be maintained or that the shops should continue at the very places where they

were then situated and could not be shifted therefrom. As I said above, the right

or the privilege which was granted to the workers by this award was the conti-

nuance of the supply of food stuffs on a no profit no loss basis.

9. It appears that in 1951 there was again an industrial dispute between the

company and its workers and one of the questions considered by the tribunal at

that stage also was the granting of increased dearness allowance- In connection

with this point, it appears that a grievance was made before the tribunal that

the company had put a wrong construction on the word 'maintenance' used in the

previous award. As mentioned above, „the award of 1948-49 required the com-

pany to continue to maintain the shop and to run it on the basis of a no profit no

loss principle and it also directed that the cost of maintaining the shop should be

borne by the company. This was interpreted by the company as meaning that

they had only to provide accommodation for the shop and the expenses of running

the shop were to be included in the cost in fixing the prices for the purpose of no

profit no loss basis. This contention of the company was negative and it was

directed that the entire cost of establishment including accommodation should be

borne by the company. Here also the only question which was considered by

the tribunal was the privilege of the workers to get food stuff on a no profit no

toss basis and that principle is not in dispute now.

10. The only dispute now is whether the company is bound to maintain three

shops which it was running originally; whether it has a right to close any of tjie

shops and incidentally whether it can change the site of the shop or not. I do not

think it could be said that the workmen have a privilege of saying that the com-

pany should maintain a particular number of shops nor they have the privilege

of saying that the shop should be run at a particular place and nowhere else.

The only right and privilege which they have got is that they should be supplied

with food stuffs on a no profit no loss basis, from a shop the establishment charges

Of which should be borne by the company. I do not think the closure of a shop

.Or changing its location could be said to be a breach of privilege or a break of

aervice conditions or breach of customary concession.

11. Obviously the closure of the shop cannot be said to amount of rationalisa-

tion. Rationalisation would mean the change of method of work or standardisa-

tion or improvement of work or technique; but it cannot mean the closure of a

ahop from 3 to 2.

12. On the whole. I think that the closure of the shop is not a matter which

domes either within any of the matters described in the Second or Third Schedule

©f the Industrial Disputes Act and this tribunal lias, therefore, no jurisdiction to

entertain this reference I also hold that no notice was necessary for effecting this

and hence the action of the management cannot be said to be

illegal on this

ground.

13. Assuming, however, that it is within my jurisdiction to consider, this, even

on merits I think that the workmen have no case. As I mentioned above, the

Company was originally running three shops at three different places. It appears

that the workmen are residing in different localities and each workman would

naturally be drawing his requirements from the shop which is nearest to his

bouse or which is otherwise more convenient to him. From Annexure II of the

written statement of the company, it appears that the number of workers on its

pay-roll in August 1945 was 7,653. It was reduced to 4,407 by 1963 and 4,069 by

August 1964, Annexure III contains statement showing the total number of pur-

chasers in the different stores. The total number of purchasers in 1961 varied

between 6,456 and 6,805. In 1962 they varied between 4,889 and 5,040. In 1963

they varied from 4,067 to 4,124, and in 1964 they varied from 3,549 to 3,733. In

Sic. 8(11)] THE GA2ElTrtS OF INDIA: JANUARY 20, I906/MAGHA 9, 1S87

287

other words, the number of purchasers in 1964 was almost 35 per cent of the

number of purchasers in 1961. Again, as a result of the change in the mode of

purchase restricting the purchase to once a month from

what it was before,

namely twice a month, the number of actual purchases also has gone down. From

Annexure IV, it appears that whereas the total number of purchases in December

1954 was over 8,000, in August 1963 it was just above 5,000 and in August 1964

it was below 5,000. In August 1965 it has further fallen to less than 4,000. With

the fall in the number of purchasers (and purchases) the company would

justified in reducing its number of shops, provided, of course, it does not cause

great hardship Jo the workers.

14. It has been contended by the Union that as a result, the workers who were

drawing their requirements from Refinery rice store beinj* required to draw them

from the main store, they have been put to great inconvenience, hardship, expenses

and loss of time. It was said that the main store is at greater distance than the

Refinery store from the houses of the workmen. Annexure V of the written state-

ment of the company shows the distances of the different areas served by the

Refinery rice store from the main rice store. These distances have been admitted

by the union in a statement produced by them. The union's statement however

further shows the number of employees residing in different areas. This state-

ment about the number of employees residing in different areas has no evidenciary

value inasmuch as that statement was prepared by a casual enquiry made by

witness Shri N. P. Dash from some people whose names he is not able to give.

Assuming however that the number of employees residing in different areas aa

mentioned in this statement is correct, the position that emerges Is that in respect

of about 100 persons the main rice store is nearer than the Refinery rice store

from their residences and naturally to these people it would be more convenient

In the case of about 800 employees, the new distance is greater by less than half a

mile; in the case of about 200 workers, the distance is just half a mile; in the

case of about 150 workers, the distance exceeds by about 3/4th of a mile and in

the case of 15 workers the distance is about a mile. We have to remember that

we are dealing with the working class people to whom a distance of half a mile-

would be negligible and to say that these people are put to a great inconvenience

because the new store from which they have to draw their requirements is half

a mile more distant than the place from which they were drawiiig till now has no

force. Then hardly 200 people have to walk 3/4th mile more and out of them

only 15 people will have to walk a mile more. I do not think that this could be

suid to be causing them great hardship.

13. Considering the question of expenses, it has been alleged by the union

that the workers have to 3pend more for porter charges because they have now

to go to the main store. In this connection, they relied on Annexure K to their

written statement which is supposed to be showing the expenses which they have

to incur for bringing their requirements from the main store to their residences.

The first item is said to be porter charges to various places from the main rice

store and this shows the variation between l.OO to 1.50. They have, however,

not shown what porterage they had to pay when they

were bringing

their

requirements from the Refinery store. For' instance, the above statement shows

the porter charges of 2.50 for going to Borbil. The distance of Borbil from main

store is 1.4 miles while from the Refinery rice store it is 1.5 miles, which would

mean the porterage charges from the Refinery stores may have been higher than

what they had to pay in respect of main rice store. In the

absence of

any

statement showing as to what porterage they had to incur while taking their

requirements from the Refiuery rice store, it could not be said that the amount

shown in Annexure K as porterage charges ia the amount which they are losing

now as a result of the c-hange of the store.

Again, this statement shows the

charge for two porters bat this also Is not corrort. As admitted by the union's

own witness Shrl N. Biswas, some workers would engage only one porter and

some may have required two porters if their number of dependants was larger

and the quantity or purchases was therefore greater. Further, I do not believe

this witness when he says that everyone has to engage a porter- There may be

some persons who would themselves carry their requirements, I cannot believe

the statement that an ordinary labourer would not carry his thlnfjs but would

engage a porter even when he is alone (that is. even when he draw rations only

for himself.)

lfi. A further charge is said to be made on ground that a person is required

to spend 3 to 4 hours for drawing rations- including loss of time to cover the

distance. I have already shown above that the distance to be covered

is not

much greater and the time to he ppent therein would not be very much. It was

then argued that because of the number of persons having increased at the main

store, there is a long queue and people have to wait even up to 10 p.m. befor*

3^gg

THE GAZETTE OF INDIA : JANUARY 89, J9W/MAGHA 9, 1MT

[PA*T U-

they get their requirements and sometimes people have to go back

without

being able to draw their rations and have to come again for the purpose. I can

appreciate that sometimes there may be a long queue and people may have to

wait their turn but 1 do not agree that this is as a result of the abolition of the

Refinery store. This queuing is an inherent effect in a system of this type where

a number of persons go to make their purchases on one day- Actually, it is.

admitted by the union's own witness

Biswas that even in the

Muliabari

rice

store from

where

drawing

rations

and

which

has

not

been affected in any way by the closure of the Refinery rice store, workers have

sometimes to wait till 10 p.m. and sometimes they are not

able to draw

the

rations on the day on which they go there and have to go again for the purpose.

It would mean that this grievance is not necessarily in view of the abolition of

the Refinery rice store but some other cause must be responsible for it. I am not

concerned in this case with other causes but I would certainly recommend to the

company that they may look into this grievance of the workers and if it Is found

that workers have to wait for drawing rations till 10 p.m., they should try to find

out a suitable way to see that workers have not to waste much time. In this

^connection, I find from the evidence of the union's witness Shri Biswas that

sufficient stocks are always there and a person has not to go away without rations

for want of stocks. This would mean that probably the defect lies in too many

people going on one particular day and I would recommend some suitable way

ehould be found out to solve this defect.

17. It was then urged that work at the main store has increased because of

the abolition .of the Refinery rice store and still the staff there is not increased. In

this connection, the union relies on the evidence of Shri Biswas who says that

Jn the general stores formerly there were two writing clerks and three issuing

clerks and to-day also the position is the same that is no extra clerk has been

ipointed at the main store. On the other hand, the company's witness Shri N.

Borah has stated that the number of clerks jn the main rice store has been

creased from six to nine after the abolition of the Refinery rice store. Between

them, I prefer to believe Shri Borah. I do not believe Shri Biswas because he

floes not appear to have personal knowledge of the position and has made contra-

dictory statements. He does not draw his requirements from the main store

and naturally he would not have personal knowledge as to the number of clerks

working there. He is also not able to give the names of different clerks working

in the main store. I am, therefore, not prepared to place reliance on his state-

irient when he says that the number of clerks in the main store has remained the

same as before.

18. In this connection, Shri Ghosh for the company invited my attention to

Annexure F of union's written statement which contains the minutes of the

meeting of the Negotiation Committee held on 12th

September 1963. These

minutes show that at first the union representatives gave out their grievances.

The company's representatives replied thereto. After that the union representa-

tive replied to what the company representatives had said. The minutes further

show that the company's representative made out five points in support of their

case, the fifth of which was "additional men have been put on main rice store

to cope with the rush of purchasers as a result of closing down of the Refinery

rice

store". The

unions

representatives

replied to

what

the company's

representatives had stated but in that reply there was no denial of the allegation

that additional men had been put at the main rice store after the closing of the

Refinery rice store.

19. I am satisfied that the staff at the main store has been increased after the

abolition of the Refinery rice store. But if this has not been done it does not

mean that the closure of the Refinery store was unjustified.

If the staff at the

main store is inadequate, the workers should take up the matter with the com-

pany and see that they are not put to inconvenience because of the paucity of

staff, An allegation of paucity of staff is quite different from claiming that the

number of rice shops should remain unchanged and also to say that the rice

shop's location cannot be changed.

20- If the contention of the union were to be accepted, it would mean that the

company cannot change the location of the shop even by a few feet. Shri Das

Gupta said that what they claimed that the stojre should remain in the same

locality. When I am considering the question of the right and the privileges of the

workmen, I am unable to agree that the workmen have acquired the right or

privilege of having a shop in a particular locality. The employers cannot change

the location of the shop in such a way that it may amount to the denial of the

right of the workmen to draw their requirements. For instance, if the shop is

removed to a distance of over two miles, the matter may be different.

Here,

Sue. S(ii)] THE GAZETTE OF INDIA : JANUARY 29, 1966/MAGHA 9, 1887

289-

however, as I pointed out above, hardly 150 workers would be required to go to a

distance of one mile more. "This cannot be said to be unreasonable or a great

hardship.

21. Before I close, I must say that I am not able to understand the company's

stand about effecting economy. As against four clerks working in the Refinery

rice store at the time when It was closed, they have increased the number of

clerks in the main rice store by three. In other words, the economy is of one

clerk. There may be some economy in the supervisory staff,

I would however

recommend to the company to consider whether in view of the dissatisfaction

expressed by the union against the abolition of Refinery rice store, they should

not reconsider their previous decision justified

though it is and reopen the

Refinery rice store to have a contented labour force in an area just on the borders

of the country.

22. Apart from this recommendation, which I am making to the company, I

feel that on merits the company is and was justified in closing the Refinery ric&

store and the wqrkmen, therefore, are not entitled to any relief.

In the circumstances of the case, I order parties to bear their own costs.

I pass my award accordingly-

Doted, The 30th December, 1965.

(Sd.)

L. P. DAVE,

Presiding Officer.

[No. F. 25/2/64-LRI.J

New Delhi, the 19th January 1966

S.O. 313.—In pursuance of section 17 of the Industrial Disputes Act, 1947 (14

of 1947), the Central Government hereby publishes the following

award of the-

Indintial Tribunal, Jaipur, in the industrial dispute between the employers in

relation to the Morija Iron Ore Mines of Messrs Damodardas Khandclwal. Jaipur

and their workman which was received by the Central Government on the 10th

January, 1966.

CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL. RAJASTHAN, JAIPUR

PRESENT:

Shri J. S. Ranawat—Judge.

CASK NO, CIT-12 OF 1965

REF.—Government of India. Ministry of Labour & Employment, New Delhi

Order No. 37/41/65-LRJ, dated 22nd November, 1965.

In the matter of an Industrial Dispute

BETWEEN

The Rashtriya Khanij Khan Mazdoor Union, Jaipur.

AND

Messrs. Damodar Dass Khandelwal, Owners of Morija Iron Ore Mine*,

Jaipur,

Date of Award:

27th December, 1965,

AWARD

The following dispute between the employers in relation to the Morija Iron

Ore Mines of Messrs. Damodar Dass Khandelwal, Jaipur and thoir workmen was,

referred by the Central Government, Ministry of Labour & Employment for ad-

judication under Section 10 of the Industrial Disputes Act, 1947 on the 22nd Nov-

ember, 1965: —

(1) "whether the termination of services of Sri Deen Dayal Jhalani employ-

ed as Accounts Clerk by the management of Morija Iron Ore Mines

\* justified?

(2) If not, to what relief is the workman entitled?"

290

THE GAZETTE OF INDIA: JANUARY 29, 19S6/MAGHA 9, 1887

[PART II-

After issue of process Shri Deen Dayal Jhalani employed as Accounts Cork by

the Management of Iron Ore Mines appeared personally along with Shri Rama

Shankar Jo:;hi, President of the Rashtnya Khanij Khan Mazdoor Union, Jaipur

and stated that he had amicably settled the dispute under reference and all other

matters between him and the management and that he did not, the: ef ore, desire

to prosecute this case. Deen Dayal and Rama Shankar Joshi both prayed that

a no dispute award be passed.

Bhanwarlal appeared for Messrs. Damodardass

Khsndelwal, Mine Owner, Johri Bazar, Jaipur and he a'so joined in the prayer

of Rama Shankar Joshi and Deen Dayal Jhalani for a no dispute award,

As the dispute has been settled amicably and the union and the concerned em-

ployee Deen Dayal do not desire to prosecute this case and have prayed for no

dispute award, a no dispute award is accordingly passed. Let a copy thereof be

submitted to the Government of India, Ministry of Labour & Employment for pub-

lication.

(Sd.)

J. S. RANAWAI,

Judge, Central Government

Industrial Tribunal, Raja;:th:in,

Jaipur,

[No. 37/41/65-LR.L]

S. A. SESHEN, Under Secy.

New Delhi, the 13th January 1966

S.O. 314/PWA/Sec.l4(2)/65-Am(i).—In exercise of the powers conferred by

sub-section (2) of section 14 read with section 24 of the Payment of Wages Act,

1936, (4 of 1936), and in supersession of notification No. S.O. 2429 dated the 19th

August, 1963 of the Government of India in the Ministry of Labour and Employ-

ment, published in the Gazette of India Part II Sec. 3(ii) dated the 24th August,

1963, the Central Government hereby appoints the following officers to be Inspec-

tors for the purposes of the said Act, in respect of all persons employed upon a

railway (otherwise than in a factory) to whom the said Act applies, namely: —

1. The Chief Labour Commissioner (Central);

2. All Deputy Chief Labour Commissioners (Central);

3. All Regional Labour Commissioners (Central);

4. All Assistant Labour Commissioners.

[No. 542/34/<36-Fae,(i).]

S.O. 315/HOER/Ims/Am.(i).—In exercise of the powers conferred by

sub-

section (i) of section 71 G of the Indian Railways Act, 1890 (9 of 1890) and in

supersession of the notification of the Government of India in the Ministry of

Labour and Emplovment, No. S.O. 2430 dated the 19th August, 1963 published in

the Gazette of India Part II Sec. 3(ii) dated the 24th August, 1963, the Central

Government hereby appoints the following officers to be Supervisors of railway

labour, namely: —

1. The Chief Labour Commissioner (Central);

2. Al] Deputy Chief Labour Commissioners (Central) ;

3. All Regional Labour Commissioners (Central);

4. All Assistant Labour Commissioners.

[No. 542/34/65-Fac.(ii),]

S.O. 316/ECAySec.6/RIy.Am(i).—In exercise of the powers conferred by section

8 of the Employment of Children Act, 1938 (26 of 1938) and in supersession of

notification No. S.O. 2431 dated the 19th August, 1963 of the Government of India

in the Ministry of Labour and Employment, published in the Gazette of India Part

II Sec. 3(ii) dated the 24th August, 1963, the Central Government hereby appoints

the following officers to be Inspectors fo" the nur;- we of securing

compliance

with the provisions of the said Act in respect of Rpiiways, namely: —

1. The Chief Labour Commissioner (Central);

SEC. 8(ii)] THE GAZETTE OF INDIA: JANUARY 29, 1966/MAGHA 9, 1887

291

2. All Deputy Chief Labour Commissioners (Central);

3. All Regional Labour Commissioners (Central);

4. All Assistant Labour Commissioners;

5. All Labour Enforcement Officers.

[No. 542/43/65-Fac. (iii).]

VIDYA PRAKASH, Dy. Secy.

(Office of the Chief Labour Commissioner)

ORDER

New Delhi, the 18th January 196ft

S,O. 317.—Whereas an application has been made by the establishment carry-

ing on operation concerning Coal Mine mentioned in the Schedule below for ex-

tension of the period specified in clause (b) of section 19 of the Payment

Bonus Act, 1965 (No. 21 of 1965), for the payment of bonus to the employees of

the said establishment, for the accounting year ended on the 31st January, 1965;

And whereas Chief Labour Comnoissionej is satisfied that there are sufficient

reasons so to do;

Now, therefore, in exercise of the powers conferred by the proviso to. clause

(b) of section 19 of the said Act, read with the notification of the Govt. of India ,

in the Ministry of Labour & Employment No. WB-20(42)/65, dated the 2&th

August, 1965 I, Teja Sinch Sahni, Chief Labour Commissioner hereby extend the

period within which the said bonus shall be paid by the establishment to 11

(eleven) months from the close of the accounting year ended on the 31st January,

1965.

THE SCHEDULE.

(1) Katras Jherriah Coal Company, Ltd.,

&, Clive Row, Post Box No. 150,

Calcutta-1.

(in respect of

Laikdih Deep Colliery

& Seebpore Colliery).

[No. BO-25(3)/l/«5-Vol. II.]

TEJA SINGH SAHNI, Chief Labour Commissioner

(Central),

MINISTRY OF EDUCATION

New Delhi, the 15th January 1966

S.O. 318.—In exercise of the powers conferred by Clause (a) of Sub-Sectio*

(2) of Section 5 of the University Grants Commission Act, 1956 (3 of 1956), the

Central Government hereby appoints Nawab Ali Yavar Jung, Vice-Chancellor,

Aligarh Muslim University, as a member of the Unive sity Grants Commission

vice Sh.i S. R. Das whose term of membership expired on 31st December, 1965,

Nawub Ali Yavar Jung shall hold office for a period of six years, with effect from

the date of notification.

[No. F. 9-52/65-U.2.}

G, K. CHANDIRAMANI, Addl, Secy.

CORRIGENDUM

New Delhi, the 11th January 1966

S.O. 319.—In the notification of the Government of India in the Ministry of

Education No, S.O. 2521, dated the 2nd August, 1965, published in the Gazette o*

India, Part II, sub-section (ii) of section 3 at pages—2740-2741,—at page 2741, in

column 4 of the Schedule, for, "Nandigaka" read "Nandigama"

[No. F. 4-13/65.C.1.]

SHARDA RAO

(MRS.),

Assistant Educational Adviser.

2 92

T H l i GAZETTE 0T INDIA : JANUARY 29. 1966/MAGHA 9, 1887

[PA*T I I -

MEVISTRY OF PETROLEUM & CHEMICALS

New Delhi, the 14th January 1966

S.O.330.—In the Schedule to Notification published in the Gazette of India, dated 5-9-64 with

Notificaron No. 31/47/63-ONG/5/BUX bearing S, No. 3016 dated 24-8-64, the following plots of

lands with area noted aga'nst each arc withdrawn from acquisition as they have been already ac-

qu red under the Land Acquisition Act, 1894 in favour of the Railway Administration.

Village wtih Thana No.

Rasulpur

No. 165

Dhakaich

No. 161

Plot No.

158

397i

Area to

be with-

drawn

0-28

0-14

[No. 31/47/63-ONG/OR-5/BUX VOL. 33]

New Delhi, the 17th January 1966

, S.O. JKS1.—Whereas it appears to the Central Government that it is necessary

in, the public inte-est that for the transport of petroleum from Ankleshwar Oil

Field in Gujarat State pipelines should be laid by the Oil & Natural Gas Commis-

•ion and that for the purpose of laying such pipelines, it is necessary to acquire

the right of user in the land described in the schedule anneved hereto.

2. Now, therefore, in exercise of the powers conferred by sub-section (1) of

Section 3 of the Petroleum Pipelines (Acquisition of Right of User in Land) Act.

1962 (50 of 1962), the Central Government hereby declares its intention to acquire

"the right of the said user therein.

3. Any person interested in the said land may, within 21 days from the date

of this notification object to the laying of the pipelines under the

land to the

Liaison Officer, Competent Authority at Elampeeco, 4th floor, Sayaji Ganj, Opp:

College, Lokmanya Tilak Road, Baroda in the office of the Gujarat Pipeline Pro-

ject (Oil & Natural Gas Commission). Every person making such an objection

ehall also state specifically whether he wishes to be heard in person or by a legal

practitioner.

SCHEDULE

State/Gujarat

District/Broach

Taluka/Anklcshwar

Village

Adol

J J

Survey No.

288

291

292(2)

297

302

Area required in guntha

2 8

7-6

2'5

7 ¹!

3-4

[No. 31(67)/63-ONG/OR/Vol.IL]

V. P. AGARWAL, Under Secy.

DEPARTMENT OF COMMUNICATIONS

(P. & T. Board)

New Delhi, the 18th January 1966

S O. 322.—In pursuance of para (a) of Section III of Rule 434 of Indian Tele-

graph Rules, 1951, as Introduced by S.O. No. 627 dated 8th March, 1960, the

Director General, Posts and Telegraphs, hereby specifies the 22nd January, 1966 as

the date on which the Measured Rate System will be introduced in Hassan Tele-

phone Exchange.

[No. 5-4/66-PHB.7

S. RAMA IYER, Asstt. Dir. Genl. (PHB).

SEC. 3(ii)] THE GAZETTE OF INDIA: JANUARY 29, 1966/MAGHA 9, 1887

293.

MINISTRY OF REHABILITATION

(Office off the Chief Settlement Commissioner)

New Delhi, the

1st January 1566

S,O. 324.—In exercise of the powers conferred on me by Sub-Section (2) of

Section 34 of the Displaced Persons (Compensation & Rehabilitation) Act 1954

(44 of 1954), I hereby delegate to Shri H. R. Nair. Joint Chief Settlement Com-

missioner, with effect from the date of his appointment in this capacity the fol-

lowing powers of the Chief Settlement Commissioner; —

1, Power under Section 23 of the said Act.

2. Power under Section 24 of the said Act.

[No. 5(l)AGZ/68.]

G. D. KSHETRAPAL,

Chief Settlement Commissioner.

(Office of the Chief Settlement Commissioner)

New Delhi, the \lth January 1966

S.O. 825.—In exercise of the powers conferred by Clause (a) of Sub-Section

(2) of Section 16 of the Displaced Persons (Compensation & Rehabilitation) Act,

1954 (44 of 1954) the Central Government hereby appoints for the Union Territory

of Delhi, Shri D. S. Jain, Managing Officer in the office of Regional Settlement

Commissioner, New Delhi as Managing Officer for the custody, management and

disposal of compensation pool with effect from the date he took over charge of

his office.

[No. 8/44/AGZ/64.1

New Delhi, the 18th January 1966

S.O. 326.—In exercise of the powers conferred by Sub-Section (i) of Section S

of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (44 of 1954),

the Central Government hereby appoints Shri N. P^ Jaisinghani, Regional Settle-

ment Commissioner, Bombay as Settlement Commissioner for the purpose of

performing the functions assigned to such officers by or Under the said Act with

effect from the date he took charge of his post.

[No. 8(3)AGZ/66.}

"394

T H" : G A Z E T T E O F INDIA: JANUARY 29, 1960/MAGHA 9, 1887

[PART II-

S.O. 327.—In exercise of the powers conferred by Sub-Section (i) of Section

6 of the Administration of Evacuee Property Act, 1950 (XXXI of 1950), the Central

Government hereby appoints Shri N. P. Jaisinghani, Regional Settlement

Com-

missioner, Bombay, as Custodian for the States of Maharashtra, Gujnrut, Andhra

Pradesh, Madras, Mysore and Kerala for the purpose of duties imposed on Custodian

by or under the said Act with effect from the date he took over charge of his post.

[No. 5(3)AGZ/66.]

S.O. 328.—In exercise of the powers conferred by Section (I) of Section 3 of

•the Displaced Persons (Claims) Supplementary Act, 1954 (No, 12 of 1954), the Cen-

tral Government hereby appoints Shri J. S. Ba]aj as Settlement Commissioner for

the purpose of performing the functions assigned to such Commissioner by or under

the said Act with effect from 13th January 1988.

[No. 5/6/ARG/S1.]

S.O. 329.—In exercise of the powers conferred by Sub-Section (I) of Section

3 of the Displaced Persons (Compensation & Rehabilitation) Act. 1954 (44 of 1954).

the Central Government hereby appoints Shri J. S. Bajaj aa Settlement Commis-

sioner for the purpose of performing the functions assigned to such Commissioner

by or under the said Act with effect from 13th January 1966.

[No. 5/6/ARG/61.1

A. G. VASWANI,

Settlement Commissioner(A)

& Ex-Offlcio Under Secy.

(Office of the Regional Settlement Commissioner)

ORDER

Jaipur, the 15th January 1966

S.O. 330.—In exercise of the powers vested In me under Section 34 of the Dis-

placed Persons (Compensation and Rehabilitation) Act, 1954, I hereby delegate

my powers of entertaining Appeals and granting stay orders, therein under Rule

105 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 read

with section 22 of the Displaced Persons (Compensation and Rehabilitation Act)

1954, to Shri J. N. Vali, Settlement Officer, in respect of Madhya Pradesh Region,

The disposal of Appeals will however continue to be made by me.

[No. RSCR/AO/Admn, 1 (32)/66/1072.]

J. D. JAIN,

Regional Settlement Commissioner.

DEPARTMENT OF SOCIAL SECURITY

New Delhi, the 17th January 1966

S.O- 331,—Whereas the Central Government was satisfied that

1. Manvi Brothers.

2. B. K. & K. F. Abbigeri Oil Mills & Co.

3. The Karnatak Oil Mills.

4. Yelmali Weaving Mills.

5. The Pioneer Rashtriya Stores Co.

6 Radragaswamy Malikopmath & Sons.

7. S. R. S. Delhi Ready Made Dress.

8. S.T. Depot.

9. Shivappanamath Bros.

10. The Bakle Silk Industries.

11. Karnatak Flour Mills.

12. V. K. Shatter & Sons.

SKC. 3(11)] THE GAZETTE OF INDIA: JANUARY 29, 1066/MAGHA 9, 1887

295

were situated in Gadag area which was a sparse area (that is, pn area whose

insurabie population was less than 500) in the district of Dharwar in the State of

Mysore;

And, whereas by virtue of their location in a sparse area, the aforesaid factories

were granted exemption from the payment of the employers' special contribution

under section 73F of the Employees' State Insurance Act, 1948 (34 of 1948) until

enforcement of the provisions of Chapter V of the Act in that area by Ihe Central

Government in the Government of India, Ministry of Labour find Employment

Notification S.O. 2665, dated 2nd November, 1961;

And, whereas the Central Government is satisfied that the insurabie popu-

lation of the Gadag area in the district of Dharwar in the State of Mysore has

now exceeded 500, and it is no longer a sparse area;

Now, therefore, in exercise of the powers conferred by section 73F of the

Employees' State Insurance Act, 1948 (34 of 1948), the Central Government hereby

•withdraws the exemption

granted to the

aforesaid

factories and makes the

following further amendment in the

notification of the Government of India,

Ministry ox Labour and Employment S.O. No. 2665, dated 2nd November 1961,

namely:—

In Schedule I to the said notification against sarial No 9, the entries "Gadag"

and

"1. Manvi Brothers.

2. B. K. & K. F. Abbigeri Oil Mills & Co.

3- The Karnatak Oil Mills.

4. Yelmali Weaving Mills.

5. The Pioneer Rashtriya Stores Co.

6. Radragaswamy Malikopmath & Sons.

7. S. R. S. Delhi Ready Made Dress.

8. S.T. Depot-

9. Shivappanamftth Bros.

10. The Bakle Silk Industries.

11. Karnatak Flour Mills,

12. V. K. Shatter & Sons."

occurring in columns 4 and 5 respectively shall be omitted.

[Np. F. 6/52/65-HL]

New Delhi, the 18th January 1966

S.O. 332.—In exercise of the powers conferred by section 73F of the Employees'

State Insurance Act, 1948 (34 of 1948), the Central Governmenx hereby exempts

the Central Dairy Nagpur Milk Scheme, Nagpur, having regard to its location

in an implemented area, from the payment of the employers' special contribution

leviable under Chapter VA of the said Act for a further period of one year upto

and including the 1st January, 1967.

[No. F. fl/75/65-HL]

S.O. 333.—Whereas the Central Government was satisfied that

1. M/s. Shree Onama Glass Works Ltd.

2. M/s Vasant Fine Art Litno Works

3. M/s Chawra Engg. Works

4. M/s Janata Saw Mills

5. M/s Krishna Rice & Oil Mills

6. M/s Bagga Saw Mills

•were situated in Gondia area which was a sparse area (that is, an area whose

insurabie population was less than 500) in the district of Bhandara in the State

of Maharashtra;

And, whereas by virtue of their location in a sparse area, the aforesaid factories

were granted exemption from the payment of the employers' special contribution

296

Tf*K GAZETTE OF INDIA : JANUARY 29. 1966/MAGHA 9, 1887

[PART n -

under section 73-F of the Employees' State Insurance Act. 1948 (34 of 1948) until

enforcement of the provisions of Chapter V of the Act in that area by the Central

Government in the notification of the Government of India, Ministry of Labour

and Employment No. S.O. 2665, dated 2nd November, 1961;

And, whereas the Central Government is satisfied that the insurable population

of the Gondia area in the district of Bhandara in the State of Maharashtra has now-

exceeded 500, and it is no longer a sparse area;

Now, therefore in exercise of the powers

conferred by section

73F of the

Employees' State Insurance Act, 1948 (34 of 1948), the Central Government here-

by makes the following further amendment in the notification of the Government

of India, in the Ministry of Labour and Employment No. S.O. 2665, dated the 2nd

November, 1961;

Namely:—in the Schedule IV to the said notification against serial No. 5 the

entries "Gondia" and

"1. M/s Shree Onama Glass Works Ltd.

2. M/s Vasant Fine Art Litho Works

3. M/s Chawara Engg. Works

4. M/s Janata Saw Mills

5. M/s Krishna Rice & Oil Mills

6. M/s Bagga Saw Mills"

eccurrlng in columns 4 and 5 respectively shall be omitted.

[No. F. 6/80/65-HI.J

New Delhi, the 19th January 1966

S.O. 334.—Whereas the State Government of Punjab has, in pursuance of claufc-

(d) of section 4 of the Employees' State Insurance Act, 1948 (34 of 1948), nomi-

nated Shri B. I. N. Ahooja, Secretary to the Government of Punjab, Labour and

Employment

Department to

represent

that

State on the

Employees' State

Insurance Corporation in place of Shri Hardev Singh Chinna;

Now, therefore, in pursuance of section 4 of the Employees' State Insurance

Act, 1948 (34 of 1948), the Central

Government

hereby makes the following

amendment in the notification of the Government of India in the Ministry of

Labour and Employment No. S.O. 1879, dated the 11th June, 1962, namely.w

In the said notification, under the heading "[Nominated by the State Govern-

ments under clause (d) of section 4]", for the entry against item 18, the following

entry shall be substituted, namely:—

"Shri R. I. N. Ahooia, Secretary to the Government of Punjab, Labour and

Employment Department, Chandigarh".

[No. 3(3)/66-HI.J

S.O. 335.—Whereas the State Government of Mysore has, in pursuance of clause

(d)

of sub-section (1) of section 10 of the Employees' State Insurance Act, 1943

(34 of 1948), nominated Dr. C. Gopalaraj Chetty, Director of Health Services,

Government of Mysore, Bangalore, to be a member of the Medical Benefit Council

in place of Dr. II. G. Sattur;

Now, therefore, in pursuance of sub-section (1) of section 10 of the Employee*'

State Insurance Act, 1948 (34 of 1948), the Central Government hereby makes

the following amendment in the notification of the Government of India in the

Ministry of Labour and Employment No. S.O. 2501, dated the 30th July, 1962,

namely:—

In the said notification, under the heading "[Nominated by the State Govern-

ments concerned under clause (d) of sub-section (1) of section 10]", for the entry

against item (12), the following entry shall be substituted, namely:—

"Dr. C. Gopalaraj Chetty, Director of

Health

Services Government of

Mysore, Bangalore".

[No. 3(l)/66-HI.J

Sfcc. 3(11)1 THE <3#ZtfTTl <6t i*d>tA: jANtMfcV 29. lS^/SiAGliA b, i&T

4§ 7

New Delhi, the 28th January 1966

B.O. 336.—In pursuance of paragraph 3 of the Coal Mines Provident Fund

Scheme published with the notification of the Government of India in the late

Ministry of Labour Nto. PF.15(5)/48, dated the 11th December, 1948, the Central

Government hereby nominates Sarvashri Ishwari Prasad, Commissioner of Labour,

Bihar, and P. N. Nayyar, Deputy General Manager (Administration), National Coal

Development Corporation Limited, as Trustees of the Board of Trustees constitu-

ted by the Central Government under the said Scheme and makes the following

further amendments in the notification of the Government of India in the Ministry

of Labour and Employment No. S.O. 2370 dated the 23rd September, 1961, namely: —

In the said notification,—

(a) in item 5, for the entry "Shri F. Ahmad", the

entry "Shri Ishwari

Prasad", shall be substituted;

(b) In item 13, for the entry "Shri J. G. Kumaramangalam, Deputy General

Manager, National Coal Development Corporation, Ltd., Darbhanga

House, Eianchi", the entry "Shri P. P. Nayyar, Deputy General Manager

(Administration), National Coal Development Corporation Ltd., Dar-

blanga House, Ranchi", shall be substituted.

[No. 4(50)/62-PF-I.]

DALJIT SINGH, Under Secy.

MINISTRY OF MTEEL AND MINES

(Department o< Mines and Metals) —

;

New Delhi, the 19th January 1966

S.O. 331 d—Whereas by the notification of the Government of India in the late

Ministry of Mines and Fuel No. S-O. 314 dated the 21st January, "1963 under sub-

Section (1) of section 4 of the Coal Bearing Areas {Acquisition and Development)

Act, 1957 (20 of 1957), the Central Government Rave notice of its Intention to

Prospect for coal in 6525-00 acres (approximately) of lands in the locality specified

in the Schedule appended to that notification.

And whereas by the notification of the Government of India in the Ministry of

Steel and Mines (Department of Mines and Metals) No. S.O. 191 dated the 6th

January, 1965 under Sub-Section (1) of section 7 of the said Act, the Central

Government gave notice specifying a further period of one year commencing from

the 21st January, 1965, as the period within which the Central Government may

give notice of its intention to acquire the whole or any part of the lands or of any

rights in or over such lands described in that notification;

And whereas the Central Government is satisfied that coal is obtainable in

5575 00 acres (approximately) or 2257-88 hectares (approximately) of lands out of

the said lands.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section

7 of the Coal Bearing Areas (Acquisition and Development) Act, 1957, the Central

Government hereby gives notice of its intention to acquire the rights to mine,

quarry, bore, dig and search for, win, work and carry away minerals in the lands

measuring 5575-00 acres (approximately)

2257-88 Hectares (approximately)

described in the Schedule B appended hereto.

NOTE 1.—The plans of the area covered by this notification may be inspected in

the office of the Collector, Burdwan (West Bengal), or in the office of the Coal

Controller, 1, Council House Street, Calcutta or in the office of the National Coal

Development Corporation Limited (Revenue Section), Darbhanga House, Ranchi

<Bihar).

NOTE 2.—Attention is hereby invited to the provision in section 8 of the Coal

Bearing Areas (Acquisition and Development) Act, 1957, which provides as follows:

8(1) "Any person interested in any land In respect of which a notification

under section 7 has been Issued may, within thirty days of the issue

of the notification, object to the acquisition of the whole or any part

of the land or of any rights in or over such land.

Explanation:

It shall not bo an objection within the meaning of this section

for any person to say that he himself desires to undertake mining

operations in the land for the production of coal and that such opera-

tions should not be undertaken by the Central Government or by any

other person.

298

*"^H^ GAZETTE OF INDIA : JANUARY 29, JW/MAGiiA 9, 1887

[PART II—

(2) Every objection under sub-section (1) shall be made to the competent

authority In writing and the competent authority shall give the objector

an opportunity of being heard either In person or by a legal practitioner

and shall, after hearing all such objections ?nd after making such

further inquiry, If any, as he thinks necessary, submit the case for the

decision of the Central Government together with the record of the

proceedings held by him and a report containing his recommendations

on the objections.

(3) For the purpose of this section, a person shall be deemed to be interested

in land who would be entitled to claim an Interest in compensation if

the land or any rights in over such land were acquired under thl*

Act".

It may be noted that the Coal Controller, 1, Council House Street, Calcutta-1, has

been appointed by the Central Government as the competent authority under tb<*

Act.

bCHBDXJLB

RANIGUKJ BLOCK-XI

Ranigunj Coalfield

Vig.

JNO. .K.ev/57/05

Dated 29-12-65

(Showing lands whew rights to mine, quarry,

bore, dig, and search for win, work and

carry away minerals are to be acquired)

'MINING RIGHTS'

Serial

Number

1 0

Village

UkhM

Balijuri

Sirsha

Nabaghanapur

Tilabani

Laudoha

Chaklaudoha

Tftmffflra

Madhalganj

Baneia &

Shyampur .

Jhanjra

Bhadrapur .

Sarpi

Kendua

Ichhapur

Amloka

Bangui

Thflna

Police

District

number

station

Ondal

Burdwan

Faridpur

i 9

2 0

2 2

•

Area

Remarks

Part

i f

Full

Part

TOTAL ABBA :—5575-00 Acres (approximately)

OR : 2257-88 Hectares (Approximately)

Plot numbers to be acquired in village Ukhra

I944(P)> i<M5(P), I94'5CP)J I947(P), i949(P)i I952(P), I954(P)> I955(P), I956(P), I957(P),

I958> 1959, i96ofP), 1961 to 1965, I966(T), I967(T), 1968 to 1984, IQ85(P), 1986^'), 1987,

I988(P), I9S9(P), 1990CP), 1994OP), 2O5i(P), 2052CP), 2O53CP), 2o54(P). 2O55(P), 2O57(P)>

2O58(P), 2059 to 2108, 21O9(P), 2110 tO 2H3, 2II4(P), 2Il6(P), 2I22(P), 2I23(P), 2I24(P),

2125 to 2159, 2l6o(P), 2I6T(P), 2l63(P), 2l68(P), 235I(P), 2367(P), 2375(P). 237<53 2377, 2378,

2379, 238o<P), 23K1OP), 2387(P), 2388(P)1 2389 to 2391, 2392(P), 2393 to 2413, 24141?), 2415

(P), 2416 to 2425, 2426(P), 242S(P), 2429, 2430CP), 243i(P), 2432, 2433(P)3 3O53(P)3 3o84(P)J

3IO3,(P) 3104103112, 3ii3(P)33ii4(P)J3ii5CP)33iifi(P)53li7to3i2i,3i22(P),

3i25(P), 3126, 3127CP), 3I38CP), 313OCP), 3i5S(P), 3159CF), 3i6o(P), 3i6i(P), 3i62(Pi

3163, 3i64(Pj, 3i8i(T% 3T82(P), 3I83(P) 5 3i84(P), 3185, 3i86, 3187, 3i88(P), 3I89CP), 3^79

(P), 3280, 3281, 3282(P), 3283(P), 3284, 3285, 3286(P), 3287(P), 32R8 to 3340, 3341

(P), 334^(P), 3343, 3344(P\ 3348(P). 3349(P\ 335o to 3364, 3365(P), 3367(P)> 3368(P), 3369

to 3384= 3385(PX 3386 to 3422, 34^4^to 3475, 3477 to 354^ 3544 to 357*5, 3577(PX 3578(P),

3579, 3580, 3581, 3;82(P), 35840''). 3585(P). 35S6(P), 3S89CP). 3S9O to 3602, 3603CP), 36OA,

360J(P), 3606, 36O7(P), 3fio8(P), 3668CP), 3669CP), 3<57°(P), 3671 to 3686, 3689 to 3691, 36920P),

3693. 3694, 3^95= 3<596(P), 3699CP), 370O, 37oi(P), 37°2(P), 37O3(P), 37o8(P), 3765, 37<S6>

3767, 3769(T)J 3777' 3778, 38oo(P) and 3806.

SEC. 3(11)1 THE GAZETTE OP INDIA: JANUARY » , 1908/MAGHA 9, 1887

299,

Plot numbers 10 be acquired in village Balijuri—

i6n(P) 1614CP), 1615CP), 1616- 1617, 1618, i6i9(P), i62og»), i644<£)>^IK ⁵

(^£?ⁱ

T¹⁶^J,⁶

2074,2075* 2107, 2108,2109 and 2110.

Plot numbers to be acquired in village Sinha—

«iQP), 608CP), 6O9CP), *°79<P)> *>8o$P). 2o8i(P), «>8a<I0, 2g83ff). aJUg), 2086®,

2089$, 2090, 2091&, 209a to 2095, 2096®, 2097 to 2107. " ^ ^ L

1 ViJktt xkso

2i3ifr

2i37(P), 2I3JKR, 2140, 2141®, 2143®, J ' ^ ^ r ^ . J g ^

3186^) 2195^

ffn ar^rfP¹) 2K2 to 2171, 2I72(P), 2173, 2174. 2I75(P)> 2l7o(.r)j 2I82(.rj, 3iooi,r;, ^lyi^/j

^vs^^>2i9^r^^^«^'js^'

MI° to M92' "94 to i335>

2347(P)> 2388, 2389, 2391, 2393, 2395. 2396 «nd a397(P)-

Plot numbers to be acquired in village Nabaghanapui—

i(P), ij«P), rpF), 173 to i86, i87(P), 189®, aaa®. 203 to 230, W&JJ& *>*&>

2450P), 2460?), 247^). 249(P). 250CP). «i(Pj, ^8(P). ^ ( f ) , 27lff), 272^), 2 7 3 ^ 275^,-

278®, 300CP), 3O4CP), 305 to 313, 3I4O-), 3M®, 3i6(P), 317m, 3 i ^ k ? x68(P? 46* 47*

4530^s, 455, 4560P). 457(P), 458, «9» 460, 461*), 462,.463,

™

£«*rj,

684, 685CP), 686, 687, 688, 689, 69o(P), 695(P), 696!?), 697CP), 699(P% 7 ^ to 751, 7 5 2 ^

7^rP1 'rnxrPI 4rt6rPl 76vrPl 768rP^ 76Q to 774, 775(P), 776 to 788, 789^), 7951^;. "9°J

Wff ; ^ T ^ ' l K ' s S S ' s K 806 to 818, i ' l ^ 820 to 871, 873 to 988, W

to⁹loi4, 1016, 1017, 1019 to J044. IO45C?). IO47CP), XO48CP), 1049, 1030, " S K P ^ S i f f ) .

I0S3 to 1076, 1078 to H17, 1119 to 1305, 1307 to 1330, 1332 to M87, 1489m. i49o£)»

(P), 1492CP), I493CP). 1499, 1500, 1501, 1502, i5O3(P), 1504. i?05> 1506, 1308, ana

I5O9(P)-

Plot numbers to be acquired in village Tilabani—

1 to 75, 77 to 339, 348 to 472, 474 to 762.

Plot numbers to be acquired in village Laudoha—

1 to 126,128,130to294,296 to493,49s to 839,841 to 846.

Plqt numbers to be acquired in village Chaklaudoha—

1,2,4 to 20,22 to 31,33 to 42,45 to 60,62,64 to 70,72 to 98,100 to 143,146 to 152.

Plot numbers to be acquired in village Jamgara—

i(P), 2,3,4,4IO(P), 425(P), 426,427,428,429(P)543i(P), 432(P), 433(J\434 to 439, 44o(P>

534,535, 536,537(P), 54o(P), 5V, 542,543,544(P), 545 » 571,572(P), 573(P), 574 to 5?8 579^),

5^8o(f),^{581CP), 582CP), 585(P)' 586CP).}⁵⁸⁷^to^637,^63800,⁶^{3 ? ^ ^ ^}⁶^4J..^642,⁶4^3(P),⁶⁴⁴^P)>

645(P), 649CP), 65l(P), 652CP), 653, 654, 655(P), 656(P), 659(P)= 66o(P), 834(P), 837CP), 838(P),

839(P), 1248,1249,1274(P) and 334»-

Plot numbers to be acquired in village Madhaiganj—

3(F),4,5(P),6ton, I2<P), i3(P), I4(P), i5<P). i«P), i7lP), i8(P),

86(P)., 8 9 ^

93(P), 94, 95, 96fP), 97(P), 9S(P), 99(P), ioo(P), roi, ioa(F), 103 to

152, ^ ( P ) ,^T54\P)3

l6o(P), r6r(P), i62(P), 163 to 166, i67(P), 168,169, l7o(P), 171,172'P). I74(I^J)» 9^6 and977(1).

Plot numbers to be acquired in village Bansia-—

l to 138, 139CP), UO, 141, 142, I43(P), 144, I45(P), U6CP), 147 to 1 56, I57(P). I58(P),

I62(P), i63(P), i64(P), 165 to200,20i(P),2O3(P),20410211,2I2[T),2M,214,2i^P),216 to 221,

222(P),223CP), 230(P),232CP),467CP).468fP),469(P),47o(P), 471,472(P), 4 7 3 ^ 474/P), 47»(P)J

479(P), 480,48r, 482,483CP), 484 to 505, 5°6(P), 507, 5oK(P), 509 to 513, 5I4(P); 5I5(P). S43(P)»

544(P)> 548(P), 55O(P), 55i(P), 55^(P)^ 553 to 557, 558(P), 78i(P), 17960"), 2041, 204a(P), =046,

2047,2048 and 2049.

jOO

THE GAZETTE OF INDIA: JANUARY ?9, nW/WfAGHA 9. 1887

[PAXT II-

Plot numbers to be acquired in village Shyampur—

I3233J4(P)J5J6CP),7CP)3 8(P),9(P)and23a.

Plot numbers to be acquiredin villageJhanjra~~

uP), 3(P), 4(P), 5, 6(P), 7 to 17, i8(P), 2o(P), 22(P), 24(P), 25 to41, 42(P), 43 to 83, 84(P)>

$5, 86, 87, 88(P), 89, 90, 91CP), 92(P)a 93(P), 96(P), 98(P), 99 to n o , I I I ( P ) , U2, 113, " 4 . " 5 ,

Ji6(P), ii7(P), 11810130, 132 to 157, 159 to 214,2i5(P),ii6 to 242, 243(P), 244 to 354) 356

to 523,525 to R87, 890,892,893, 894, 898 to 1208,1210 to 1384,1386 to 1988, 1999,2000 to 2236,

3237(P). 2238(P), 2239(P), 2240 to 2250, 225i(P), 2252, 2253, 2254CP)) 2255(P)3 2256(P), 22{7a

2258(P), 2259, 2260, 2261, 2262(P), 2263 to 2282, 2283(P)3 2284(P), 2286(P), 2322(1"), 2323(F),

2324(P), 2325(P)3 2327(P), 2368, 2369, 2370, 2371, 2372, 2373, 2374, 2375, 2376, 2377, 2378,

J2379,238oa238i,2382,2383,2384,30(12385.

Plotnumbers to bcacquiredin village Bhadrapur—>

i, 2(P), 3,4(P), 9(P), io(P), 1 i(P), 12 to21,22(P)3 23(P),24(P), 52CP), 53(P). 54,55(P), 56(P),

?2(P), 93(P), 94, 95, 96, 97(P), 99(P), I02(P), 103, 104,123(P), 124, 135, 126, I27(P), 128, I29(P),

130 to 148, 150, 152 to 241, 242(P), 243 to 246, Z47(P), 248(P),249CP), 250,25i(P),252, 2 5 3 ^

26i(P), 263(Pj, 264, 265, 266(P), 3i6(P), 432(P), 423CP), 424(P), 426, 427, 43°> 435CP), 436 and

-44KP).

Plot numbers to be acquired in village Sarpi—

3^{6(P), 7i(P), 99(P), ioo(P),}^IOI(P),^{102 to i n , ii2(P), U4CP), 115, "<S(P), " 7 , n 8 . i^CP)}

I2O(P), I29(P), I3O(P), l32(P), 134CP), 135, 136, 137, I38(P), I39(P), I42(P), I43(P)> 144,

145, J46(P), i47(P), I48CP), I49(P)3 15° to 270, 27i(P), 274CPX 298(P), 3O9CP), 3lo(P), 3"(P)5

3i2fP), 3I6CP), 3i7(P), 319®, 32O(P), 321 to 331,332a³), 333 to 364,3<S5(fyj" w 430,43i(P),

432(P)> 433CPJ, 445(P), 446(P), 447CP), 448. 449, 45°, 451, 452, 453(P), 454(F)j 455(P), 5580P),

559> 560IP), mQ?), 574(P), 57SCP), 576,577CP), 578 to 586,587(PT, 588(Pj, jSgCP), 8o8(P), 809 to

.820, 82i(P), 822 to 831, 832CPX 833 to 853, 854OP), 855m, 856(P), 859CP), 860, 86i(P), H37CP),

U40(P), 1530CP), I53ICP), 1532, I533(P), I534(P), I535CP)» 1536, 1537, 1538, I539CP), I54O(P),

1541 to 154S, 1549CP), 1550, i55i(P), I556(P), 1557, iS58(P), I562(P), I566(P), 1567 to 1575,

IJ76(P), 1577 to J627, I628(P), 1629, i63o(P), i63l(P){^I633(P), i637(P), i643(P> 1646CP),

1748CP), I749CP). I75OCP), 1751, i752(P), I753(P)31754(P)31755 to 1783,1784^), I7«5(P)31786,

1787, I788(P), I789CP), 1790, to 1824, l825(P), I826(P), i827(P), i828(P), 1829 to 1845, i846(P),

1847, i848(P;, l849(P), 1855CP), i857(P), 1858CP), i8j9(P), i86o(P), 1861 to 1884,1886 to 1907,

1909101919, 1921101970, 1972 to 1976,1978102119,2121 to 2408,2410102829,2831 to 3003,

3005 to 3080, 3o8i(P), 3089, 3092, 3093, 3100, 3101, 3102, 3104, 3105, 3106, 3108, 3109, 3110,

3ii3,3H4>3ii5>3ii633ii7,3i2o(P),and3l23(P).

Plot numbers to be acquired in village Kendua—

1 to 91, 92(P), 93CP), I39(P), i6o(P), 161 to 175, I76(P), I77(P), i79(P), i8o(P), i83(P),

184CP), 185 to 301, 3O2(P)3 3O3(P), 3°4(P), 322(P), «3(P), 324 to 590, 59J(P), 592(P), 599(P),

6oo(P), 6oi(P), 6o2(P)3 6O3(P), 604 to 610, 6li(P), 6i4(P), 615 to 731, 733(P), 734, 739, 740,

74i(P), 742, 744, 745(P), 746, 747. 748, 749 and 750.

Plot numbers to be acquired in village Ichhapur—

i(P), 2(P), 3(P), 7(P), 8(P), 22(P), 23CP), 24, 25, 26, 27, 2S(P), 29 to 70, 7i(P), 72(P), 73fP>

74(P)S75(P),

76,

77(P),

78,79,8o(P),8lto207 2o8(P),209to288,289(P),29o, 291, 292(P)J

393(P), 3O7(P). 308CP), 309CP), 3io(P), 317CPJ. 3i8(P), 3I9(P), 32i(P),322 to 349,35p(P), 35i(P),

352(P), 357CP). 36i(P), 362(P), 363 to 480, 48i(P), 482 to 489, 49o(P), 49i(P), 492, 493,

494(P), 495, 496CP), 497(P)> 522(P), 523(P), 524, 5^5, 526, 527(P), 528(P), 529(P), 535(P), 536(P)

and 2172.

Plot numbers to be acquired in villageAmloka—

i76(P), i82(P), 183CP), 184, i85(P), I96(P), I97(P), 198 to 244, 245(P), 246CP), 247,248, 249(P),

230, 25i(P), 252(P), 26o(P), 328CP), 33o(P), 345CP), 348(P), 349, 35o(P), 351 to 358, 359(p),

360CP), 361 to 683, 684CP), 685 to n66, 1167CP), 1168 to 1175, 1176CP), U77CP), "78, 117?,

1180, II8I(P), 1191CP), it92(P), 1193, 1194, H95(P), H96CP), 1198, H99. 1200, I2O5(P)3

1206, 1207, 1208, 1209, 1210, 1212, 1214 and 1216.

Plot numbers to be acquired in village Bangari—

I27(P), 293(P), 294CP), 295(P), 296OP), 297, 298(P), 299, 300, 301, 302(P), 303, 304, 305, 306,

O7(P), 3o8(P), 3O9(P), 3I3(P), 314CP), 3i5(P), 3I7(P), 31800,319. 3 ^ to 360, |6i(P)3 362 to

3973 398(P), 399(P), 401 (P), 402CP), 4O3(P), 404 to 5»5, 586(P), 587 to 598, 599(P), 6oo(Pj, CoiCP),

3O3(P), 6o4(P), 632OP), 633CP), 635(P), 636 to 661, 662CP), 663, 66A(P), 665, 666, 66T(P), 669(P)

672(P), 673(P), 68o(P), 68i(P), 682(P), 706CP), 707 to 720, 72i(P), 722(P), 765(P), 766, 767,

7*68, 769, 770CP), 893CP), 1147, "48, "49, "50 and "38.

SEC. 3(ii)] THE GAZETTE OF INDIA: JANUARY 29, 1%G/MAGHA 9, 1887

301

BOUNDARY DESCRIPTION :

A-B-C-D lines pass through plot numbers 3OS3, 3084, 3x03, 3122, 3124, 312;, 3128, 3127,

1*3130, 2415, 2414, 3158, 3159, 3i<5o, 3161, 3162/3164, 3182, 3181, 31^3- 3184, 3188, 3189,

3368, 3367, 3365, 3348, 3349, 3344^ 3342, 334T, 3279> 3=82, 3283, 3286, 3287, 33»5 in

village Ukhra, through plot numbers 1205, T96, 197, 185, 182, 183, 176, 245, 246, 245, 260,

249, 251, 252, 251, 252, 360, 359, 345, 348, 330, 350, 1167, 328, 1181, 1177, 1x76, 1x92, 1191,

1192, 1195, 1196 and 1192 in village Amloka and meet at point 'D'.

D-E-line passes through plot numbers 127, 294, 293, 29;, 296, 298, 302, 307, 309, 308, 314,

313. 315, ?I7, 3x8. 398, 399^ 40i, 402, 361, 403, 893) 667, 669, 664, 672, 673, 680, 682, 662,

632, 635, 633, 599, 600, 601, 603, 604, 586, 706, 770, 765, 721, 722, in village Bangari, through

plot numbers 496, 497, 494, 491,490, 481, 523, 522, 528, 529, 527, 535, 536, 362, 361, 362, 357)

352, 35o, 351, 321, 319, 317, 318, 20K, 3x0, 309, 308, 307, 208, 292, 289, and 293 in village

Ichhapur : and meets at point 'E'.

E-F line passes along the common boundary of villages Kendua and Chapabandi, Sarpi and

Chapabandi and meets at point 'F'.

F-G-H lines pass along the common boundary ol' villages Sarpi and Banagara and through

plot numbers 55, 441, 55, 441, 55, 422, 56, 53, 52, 2, 4, in village Bhadrapur and meet at point

H-I-J-K-L-M lines pass ulong the part common boundary of villages Jhanjra and Bhadrapur

and through plot numbers 9, 10, 11, 24, 23, 22, 92, 93, 97, 99, 424, 423, X02, 435, 123, 127,

129, 266, 261, 263, 253, 251, 249, 248, 247, 242, 3x6 in village Hhudrapur, Uiruugh plot numbers

2283, 2284, 2262, 2286, 2258, 2286, 2256, 225s, 2254, 2251, 2239, 2238, 22 n, 2322, 2323, 2327,

2324 and 2325 in village Jhanjra, through plot numbers 4, 6, 7, 8, and 9 111 village Shyampur,

through plot numbers 2042, 201, 203, 212, 232, 215, 232, 230, 222, 223, 164, 163, 162, 158,

I575 146. 145, 143, 4<58, 469, 4^7, 470) 472, 473, 474, 4^B3, 479, 47**, 55«, 552, 55*, 55o, 54⁸)

5063 508, 544, 543, 515, 514, 139, 781 and 1796 in village Bansia, through plot numbers 1274,

<$45) 649, 652, 651, 655, 6fio, 659, 656, 644, 643, 639, 638, 585, 586, 572, 585, 573, 579) 582,

580, 581, 580 532, 533, 5io, 537, 544. 540, 481, 4«3, 837, 838, S39, »34, 481, 462 and 442

in village Jamgara and meet at point 'M'.

M-N line passes through plot numbers 442, 441, 410, 440, 431, 432, 433, 429, 425, 480,

and 1, in village Jamgara, through plot numbers 977, X72, 170, 172, X67, 174, 162, 161, 160,

154, 153, 93, 96, 97, 98, 99, 89, 100, 102, 86, 12, X3, 14, 15, 16, 17, and 18 in village Madhui-

ganj and meets at point 'N'.

N-O Line passes through plot numbers 18, 5 and 3 in village Madhaiganj, through plot

numbers 2049, 2048, 1665, 1664, 1614, 1613, 1615, 1620, 16x9, 1620, 1644, 1645, 1710, 1694,

1695, 1697, KS98, 1699, 1686, 1685, 1742, 1799, 1804, 1800, 1801, 1781, 1780, 1807, 1864, 1863,

1862, 1855, 1907, 2009, 2011, 2013, 2000, 1920, 2002, 1980, 1977, 1976) 1975, 1974, 1933,

^973) 1928, 1929 and 1930, in village Balijuri, through plot numbers 2089, 2091, 2086, 2084,

2083, 2082, 2081, 2080, 2079, 2096, 609, 608, 210S, 2120, 2X21, 2150, 2149, 2x51, 2146, 2145,

2144, 2x43, 2141, 2137, 2139, 2172, 2176, 2182, 2175, 2x86, 2209, 2208, 2195, 2198, 2199, 2397,

431 and 2347 in village Sirsha, through plot numbers 1048, 1047, 1051, 1047, 1052, 1045, 300,

304, 314, 315. 316, 317, 278, 3x8, 319, 275, 273, 272, 271, 269, 26R, 251, 250, 249, 246, 247,

246, 245, 231, 189, 202, 187, 171, 172 and 1 in village Nabaghanapur and meet* at point 'O*.

O-P line passes along part Central line of Nala which is also the part common boundary of

villages, Nabaghanapur and Konardihi and meets at point 'P'.

P-Q-R-S-T-U-V lines pass through plot numbers 1, 461, 465, 464, 468, 1503, 468, 473,

47i> 457:, 456, 453, 1509, 5°9, 5o8, 520, 521, 518, 612, 615, 608, 607, 606, 605, 604, 603, 600,

683, 685, 690, 695, 696, 699, 697) 754, 753) 752, 766, 7*7) 768, 775, 789, 795, 797, 79**, 799,

?59> 819, 805, 804, 803, 1489, 1490, 1491, 1492 and 1493 in village Nabaghanapur, through

plot numbers 1, 243, 6, 4, 3, 20, 18, 24, 22, 42, 1, 84, 88, 91, 92, 93, 2x5, 117, 116, i n , 98

and 96, in village Jhanjra, through plot numbers 100, 101, 99, 112, 114, T16, 120, 119, 120,

I34> 132, 130, 129, 138, 139, 143, 142, 146, 147, H9) 148, 7i, 149, 271, 274, 298, 316, 317,

319, 320, 332, 312, 3ii) 310, 309, 36, 365, 3081, 43X, 432 and 433 in village Sarpi and meet

at point 'V .

V-W-X lines pass through plot numbers 433, 3123, 446, 445, 447, 455) 454) 453) 558, 560,

575) 574) 577, 572, 589, 588, 587, 808, 821, 861, 859, 832, 854, 855, 856, 1137, 1140, 1785,

1788, 1789, 1825, 1826, 1827, 1828, 1848, 1849, 1846, 1855, x86o, 1859) 1858, 1867, 1785,

1784, 1754, 1753, 1752, 1750, 1748 and 1749 in village Sarpi, through plot numbers 741,

93, 92) 139) 160, 177, I7⁶, 179, 180, 184, 183, 745, 303, 304, 302, 322, 323, 59*i 592, 614, 611,

599, 600, 601, 602, 603 and 733, in village Kendua, through plot numbers 3120, 1637, 1631,

1630, 1628, 1633) 1643, 1566, 1576, 1562, 1558, 1556, 1549, i55i, 1540, U39, 1535, 1534,

*533J I53¹ "nd 1646 in village Sarpi, along part northern boundary of plot number 1530 and

3 02

TMrl GAZETTE OF INDIA : JANUARY 29. 1&J6/MAGHA 9, 188?

[PART U -

[ through plot number 1530 in village Sarpj along part northern boundary of plot number 73 and

through plot numbers, 73, So, 77, 74, 72, 75, 72, 71, 22, 23, 22, 8, 7, 3, 2, 1, and 28 in village

Ichhapur, through plot number 684 in village Amloka and meet at point 'X'.

X-Y-Z-A lines pass through plot numbers, 3701, 3702, 3703' 3699? 3&92, 3696, 3708, 3669, 3<56£,

3669, 367O, 3769, 3577, 3578, 3582, 3584, 35^5, 3586, 3589. 3607, 3608, 3605, 3603, 2051,

2052, 2053, 2054, 2055, 2057, 2058, 1988, 1989, 1986, 1990, 1985^ 1994)¹9fio, 1944, 1943, 1946)

1947., 1949, 1947, 1953, 1957, 1956) 195•»)^J954, 1966, 1967= 1966, 2161, 2160, 2163, 2T68, 2124,

2122, 2123, 2122, 2114, 3800, 2116, 2109, 2351, 2387, 2388, 2380, 2381, 2375, 2392, 2367, 2433,

2431, 2430, 2428, 2426, 3116, 3115. 3"4* 3113 and 3053 in village Uthra and meet at ro tt 'A'.

[No. C2-24(i)/62.]

S.O. 338 In exercise of the powers conferred by sub-section (1) of section 4

of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1067)

and of all other powers enabling it in this behalf, the Central Government hereby

rescinds the notification of the Government of India in the late Ministry of Steel,

Mines and Heavy Enfiineering (Department of Mines and Metals), No. S-O. 2011

dated the 1st June, 1964.

[No. C2-24(l)/64.]

CORRIGENDUM

New Delhi, the 19th January I960

S.O. SS9.—In the notification of the Government of India in the Ministry of

Steel and Mines (Department of Mines and Metals) No. S.O. 3863, dated the 1st

December, 1965, published in part II, Section 3, Sub-section (ii) of the Gazette

of India, dated the 18th December, 1965 at pages 4015—1017.

[No. C2-22(21)/63.]

At page 4017, under the heading 'Boundary Description'—B-C-D,

In line 4 for "S.O. 978" read "S.O. 2978".

[No. C2-22(21)/163.]

ERRATUM

New Delhi, the 18th. January 1966

S.O. 340.—In the notification of the Government of India, in the Ministry of

Steel and Mines (Department of Mines & Metals) No. S.O. 3617 dated the 16th

November, 1965 published at pages 1109-1110 In Part II, Section 3, Sub-section (11)

of the Gazette of India Extraordinary dated the 20th November, 1965.

on page 1110,

(1) In the Table, against serial No. 9, in line 15, for 'Risdui' read 'Risdi";

(2) Under the heading 'Boundary Description', against E-F, in line 38, for

"meets at point 'P' ",read 'meets at point 'F' ".

[No. C2-22(18)/63J

HAM SAHAY, Under Secy,

(Department of Mines and Metflls)

New Delhi, the 20th January 1966

S.O. 341.—In exercise of the powers conferred by sub-section (4) of section 17

of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957),

the Central Government, after consultation with the State Government of Madhya

Pradesh, hereby makes the following amendments in the notification of the Uov-

ernment of India in the late Ministry of Mines and Fuel No. S.O. 1923, dated the

11th June. 1962 published in the Gazette of India, Part II, Section 3. Sub-section

(ii), dated the 23rd June, 1962, namely: —

In the said notification, under the Table in the Schedule, against item 5, for

the entry "Ponia" under the heading "Name of Village", the following¹ entry shall

"be substituted, namely: —

"Ponia excepting an area of 26 acres falling in

Kh. No. 731/1,731/2 and

731/3".

£No. MII-187(3)/62.]

H. S. SAHNI, Under Secy.

Sue. 3(U)] THE GAZETTE OF INDIA : JANUARY 29, 1%6/MAGHA 9, 1887

333

MINISTRY OF FOOD AND AGRICULTURE

(Department of Agriculture)

New Delhi, the ]9th January 1966

S.O. 342—Whereas the Municipal Corporation of Hyderabad has in pursuance

of clause (e¹) of sub-section (1) of section 5 of the

Prevention of Cruelty

Animals Act, i960 (59 of 1960), elected Shri Budu Veera Swamy, Municipal Coun-

cillor, Municipal Corporation of Hyderabad as its representative on the Animal

Welfare Board with effect from the 30th October, 1965;

Now, therefore, in pursuance of sub-section (1) of section 4 read with section

5 of the said Act, the Central Government hereby makes the following

further

amendments to the notification of the Government of India in the Ministry of

Food & Agriculture (Department of Agriculture) No. S.O. 921, dated the

20th

March, 1962, namely: —

In the said notification,—

(a) in item 9, for the entry in the first column, the following entry shall

be substituted, namely:—-

"Shri

Budu

"Veera

Swamy,

Councillor,

Municipal Corporation of

Hyderabad, Hyderabad";

(b) in the entry in the second column relating to items 6 to 9 for the word

"Agra", the word "Hyderabad" shall be substituted.

[No 19-3/65-LD.]

K. C. SARKAR, Under Secy.

(Department of Agriculture)

New Delhi, the 20th. January 1969

S.O. 343.—The following draft of Walnuts Grading and Marking Rules, 1966,

in sunersession of the In-shcll and Shelled Walnuts Grading and Marking Rules,

1963 which the Central Government proposes to make in exercise of the powers

conferred by section 3 of the Agricultural Produce (Grading and Marking) Act,

1937 (1 of 1937), is published as required by the said section, for the information of

all persons likely to be affected hereby and notice is hereby given that the draft

will be taken into consideration on or after the 25th of February, 1966.

Any objection or suggestion which may be received fj'om any person with

respect to the said draft before the aforesaid date will bo considered by the

Central Government.

WALNUTS GRADING AND MARKING RULES, 1966

1. Short title and application.—(1) These rules may be called the Walnuts

Grading and Marking Rules, 1966,

(2) They shall apply to in-shell and shelled walnuts produced in India.

2. Definition.—In these rules "Schedule" means a Schedule appended to these

rules.

3. Grade designation.—The Grade designations to indicate the quality of in-

shell and shelled walnuts shall be as set out in Schedules II and III respectively.

4. Definition of quality.—The quality indicated by the grade designation shall

b'j as set out against each grade designation in Schedules II and III.

5. Grade designation mark.-—The grade designation mark shall consist of a

label bearing a design (consisting of an outline map of India with the word

'AGMARK' and the figure of the rising, sun with the words 'Produce of India and

WffYT^;3WT^' resembling that set out in Schedule I.

6. Method of Marking.—(1) The grade designation mark

shall be securely

affixed to each container in the ^manner approved by the Agricultural Marketing

Adviser to the Government of India. In addition to the grade designation mark.

304

T H E GAZETTE OF INDIA: JANUARY 29, I96d/MAGHA 9. 1887

[PA«t II-

each container shall be marked with such particulars ai'd in such manner as

may be specified by the said Officer from time to time. The following particulars,

in addition to grade designation, shall be clearly marked on the label, namely:—

(i) Serial number;

(ii) Type (in-shell or shelled walnuts);

(iii) Year of harvest; and

(iv) Date of packing. •

(2) An authorised packer may mark his private trade mark, approved by the

Agricultural Marketing Adviser to the Government of Indiq, on a container in a

manner approved by the said officer, provided that the private trade mark does

not represent a quality or grade different from that indicated by the grade designa-

tion mark affixed on the container in accordance with these rules,

7. Method of packing:.—(a) In-shell walnuts.—(i) In-nhell walnuts shall be

filled in sound, clean gunny bags neatly stitched, stencilled and sealed in such

manner as may be prescribed by the Agricultural Marketing Adviser to the

Government of India.

(ii) Gross weight—shall be marked on each bag ("except in the case of consign-

ments to be shipped to the United Kingdom).

(HI) The standard packages shall be of 50 kg.; 25 kg.; 12* kg.; or 10 kg. gror

weight:

(W Shelled •walnuts.—0) Sound, seaworthy, seasoned wooden boxes or tins

shall be used. For introducing other typos of packing cases prior approval of

+he Agricultural Marketing Adviser or of such offlrer(s) as mav be authorised by

U5m in this behalf shall be necessary.

(ii) The standard packages shall be of 25 kg., or 12$ kg. net weight.

(iii) Proper lining material Cat least double lining, tho first lining of brown

or kraft paper and the second lining of a stout white grease-proof, waxed or white

parchment paper) shall be used.

(iv) Net weight for kernels shall be stencilled on the container (this may not

apply jn case of consignments to be shipped to the United Kingdom).

With the permission of the Agricultural Marketing Adviser to ihe Government

of India or any other officer or officers authorised by him in this behalf, the

packings can be suitably modified to meet the buyer's requirements.

8. Fnmjg"atton—(1) Fumigation of new crop (from the 1st October to last day

of February each vear) in case of in-shell walnuts is net compulsory. From 1st.

of March to 30th September each year, fumigation of all consignments of in-shell

walnuts shall be compulsory.

(ii) Fumigation of all shelled walnuts is compulsorv.

(iii) Export consignments shall be fumigated not earlier than 15 days before

shipment.

(iv) Certificate from

fumigation

houses,

recojmised

by the Agricultural

Marketing Adviser to the Government of India, showing; the date of fumigation

of a particular consignment of graded in-i;hcll or shelled "walnuts (mentioning the

Agmark label or lot numbers or both) along with the certified copy of the docu-

ment showing the shipment date shall have to br furnished lay the exporter or

his agent in respect of each lot to the authority who issued the relevant certificate

of grading, within 15 days from the date of shipment as a proof that the exported

lot was fumigated by a recognised fumigator within the prescribed period.

Cv) Re-examination of Agmark Graced Iota,—In case an Agmark graded con-

signment could not b'- shipped wi+.hin 45 days from the date of grading, the

consignment or lot can be exported only after it has been re-inspected by the

officer or officers authorised bv the Agricultural Marketing Adviser to the Govern-

ment of India

and

the

certificate of

grading

revalidated

The revajjdnted

certificate of grading also shall remain effective for 45 days wily, after which it

shall again be revalidated.

3^O6

THE GAZETTE OF INDIA : JANUARY 29, 1966/MAGHA 9. 1887

[PART I I -

SCHEDULE II

(See rules 3 and 4)

Grade designations and definition of quality nf In-thcll Walnuts (Juglam rtgia) produced in India

Grade designation

India Super Special .

India Special

India-I

India-B

X-Grade*

Size

minimur

32 mm.

, 30 mm.

, 26 mm.

. 24 mm.

, 24 mm.

Essential Conditions

(0 The walnuts shall be of the

current year crop only.

(»') They shall be free from live

pesls, grubs, eggs etc,

(Hi) They shall be well developed,

well washed or bleached, shall

present a dean and attractive

appearance and shall have bright

shells. The

nuts

shall

reasonably dry so that the loss

in weight shall not exceed r per

cent on arrival at destination.

(iv) They shall give over 90 per

cent good cracking and yield

edible kernels of aggreeable taste

and aroma.

(v) Invisible or internal defects :

The lot shall be fairly free from

nuts having invisible

defects

like kernel darkening, oil-seep-

age or bleeding, mould

fungus atrack, ranciditv, shrivel-

ling and insect-pest infestation

and powdering (meal forma-

tion). The lot shall not con-

tain stony (hard or Katha) or

empty nuts.

(vi) Visible or superficial defects :

The lot shall be fairly free from

nuts

showing visible defects

like under-sized, partially deve-

loped or deformed nuts, damag-

ed or cracked shell, splits or

perforations, oil stains, sun-

burns or blight marks, residue

of chemical bleaches etc.

The lot shall be clean, well grad-

ed and fairly free from foreign

matter

cob-webs,

shell

grits, hull remains, rodent ex-

creta, human hair etc.

Do,

Do.

Tolerance limit

(i) Invisible

in-

ternal

defects—10

per cent, stony nuts

(hard or katha) not

exceeding

per

cent.

(it) Visible or super-

ficial

defects—15

per cent.

Do.

•"X" Grade as per contract for grade designations and qualities not covered above, subject

to approval by the Agricultural Marketing Adviser 10 the Government of India or the officer

or officers authorised by him in this behalf.

NOTE ' 1.—All percentages for calculating tolerance shall be on the basis of count.

t/1

14Xr*

>-!

I-H

I-

00 •

-3.

SCHEDULE III

(See rules 3 and 4)

Grade designation and definition of qtality of shelled walnuts (Juglans regie?) produced in India

Grad; designation

Indian Light Halves

Colour

Light cre.imy or light

golden yellow.

Size

Comphw halves, i.e. undimaged

separate cotyledons of fully

developed kernels.

Essential conditions

The kernels shall b-—

(i) of the current year crop

only.

O'O free from diseased and

mouldy pieces; cob-webs

rodent excreta, h oman

hair, live pests, grubs or

eggs,

shelf-grits,

wood-

SDlinters, husk and other

foreign matter.

(m) edible, haviog agTeeable

taste and aroma.

(it'} reasonably free

from

•pa tially or wholly shrun-

ken or shrivelledj oil-bledj

darkened, blighted, sun-

burnt,

worm-eat enj ran-

cid, bitter,

excessively

oily or unpalatable, mint-

ed or blemished kernels.

(it) free from walnut-meal or

flour at the time of pack-

ing.

(vf) properly

cured

(i.e.

efficienctly dried) so that

they reach the destination

in good sound condition

and the loss in weight on

arrival at destination may

not exceed 1 per cent.

Tolerance limit

Colour

1. 10 per cent darker of which j

not more than 2 per cent |

shall be darker than Light

amber or light tan.

She} e

2. Ecornee (three quarters of

complete balves'r 13 per cent

which shall not contain more

than 5 per cent kernels smaller

than 'Pieces' (small).

Other defeats

3. (as detailed against item (J'D) j

uniir col smn jj\ 4 p;r cent. '

UKO

»1

s-)w

1-4-

I—«-

Indian Special Small

Light Halves.

Inihn Light Bro-

ken s/Pieces (Lirge),

Indian Light (Pieces

(Sm?U>.

Indian L'.^'i: CraQ'jj

I jdian Light Amber

Hahrcs.

Lighr creamy or

Light golden yellow.

Do-

Do.

D J .

Light amber or Light

tan

Complete halves but very small

} in size, {maximum

breadth

]gi 24 mm.)-

Tnree-q jarters of complete hal-

ves and down to pl:ce; which

shall not pass through a 7-00^

mm. siev--.

Oa^-qaarter of co aplet; hilv s"

dowa to piece; larger

than

crumbs Le. they shall not pass

through a 4-5 mm. sieve. _;

Saill -3t pix:. o7 k;ra;li sieved

out or made from th fore-

giing Light grades which

shall not pas3 through a 3-00

mm. sieve.

As laid down for Indian Light ]

Halves.

As laid down for Indian Light

Halves.

As laid down for Indi in Lightⁿ

H lives.

[As lai I down for Indian Light

1 Halres. In addition the lo:

shiU b • reaioaijly free from

'crumbs'.

As laid do7t.\ 'for Iniian Light

Hah'ea. In addition the lot

shall be reasonably free both,

from krge and small 'Pieces'

and also from verj rninute

particles of kernels.

As laid down for Indian Light-

Halves.

1. Golcu.

fAs in

the j

2. Size

<j case of Indian |

3. Oiher defects : [light Halves.

1. Colour : As in the ca-e of j

Indi.jn Light Halves.

2. Sizes : 'Crumbs'not to exceed \

1 per cent.

3. Other Defects : As in the 1

case of Iniian Light Halves.

1. Colour : As 11 the case of

Indian Light Halves.

2. Size ; 13 per c-nt of which 1

crumbs not to exceed 2 per I

«,' cent.

;

3. Other defects : As in the j

gcase of Indian Light Halves.

1. Colour : As in the "Jcase jf

Indian Light Halves.

2. Sise : Pieces, smaller than 3

mm.j shall nit be more than

2 per cent

3. Other defetU : As in t'je case

of Indian Light Halves. 3

1. Colour. : 10 per cent darker

than the grade colour of which

not more than 2 per cent &haU

be darker than amber of brown

(tan.)

2. Sizt : As in the case of Indian

Light Hahres.

3. Other defects : As in the case^!

of Indian Ught Halves.

•:/>

•nn

l-l

1 Z

1 C>

! s

• >

t j j

. o

• o

t i

Indian Light Amber Do,

Brokens/Pieces

dirge':.

Indian L^rjht ATI'J.T Light a nbjr or L^;ght

Piecss (smillj. tan.

In iian Light Amber Do.

Crumbs.

laihn Brown Halves Br,y.va [tan) or Am-

ber.

Indian Brown Bra-

Brown ftan) or Am-

kens.'Pieces (large "i.

ber.

Indian Brown Pica's

Browa (.tarn or Ani-

Ismall.i.

tier.

As laid down f.jr IaJiui Light

Brokens.'Pieces (JaJgej

.Vs Wi'l IDIVII f.ji- laJia.i

L-ga:

Pieces (inalij.

As laid Jjmi f.>: la dun

Ligat

Crumbs except that tJiis

grade is sieved out or made

from the foregoing grades o

Light Ambers.

Ai 1 lii do.v.n f.jrilnii i:i L'glif

Halves.

A^ hid Jo'.v.i for Ini an Ligii:

Brokens• P U C J - .large I.

As laid .J.nvn for Indian Light

Piec« ismalJ,i.

As laid i.i'Vn .'or Indian Liffht

Halves

A. laid d.j •••;) ;ic InLliai^Ligh-:

Pieces 'iinall..

As laid dfi'vn for Indian Li^ht

Crumbf.

A> iJtd d.'\vn for Indian Light

Halves.

As hid down fir la inn L'^h_

Havies.

A^r) laid down for Indian LiVhr

Pieces (small}.

Coi'Jri •

As laid down ;ur

Indian Liglit Asnber Hit%^res- !

2. Size : As laid down for j

Indian Light Brokens,'Pieces

(lirge).

3- Other dejWts : A", laid down |

lor Indian Light Halves.

i. ''. .'.iM- : A- laui Juws i^r

indian Light Amb^r Halves.

^. Size : As irs inc ci-c of Indian ;

Li^ht Piece.i (-.mallV

3. Other defects : A; in the case :

of Indian'Light Halves.

i. Colour : A- i-ili down

rfor

Indiaa Light Amber Halves.

2. Size : As 'aid down for Indian

Light Cramhi.

3. Other d?fi<r>, : As liid •-! >ivn

tor Indian Light Halves.

I. Colour : T:I c-r cent for darker

tban bmwn (taiii or amber and/

or off-col lured kernels.

2. Size ; A¹- in the case of Indian

Light H'lvrs.

3. Other defects : As in 'he case

cf [ndiiii L^h' Knives.

1. Ccicir : A- hid Ji.mTi

f.ir

Indian Bri-*vn lulvei.

2. Vi'ii' : As iiiiil I)OHTI for Indi.ui

Light Crok;iu Pieces

1 l'i'-gei.

3. Ot!:?r J.J..H

: As h i d d o w n

TIT Indian I.jf;-^h Halves.

1 .

<_.'(,'.• L

Indian Ki'O'AT. Halves.

2. Si~e : As in the case of Indian

Light Piece¹- (small1.

•

of Indian Light Halves.

t*s

I—i

Indian Brown

Crumbs.

Indian ~X' Grade ,

Brown (Tan)

or Amber

Colour and ;>ize as

per requirements

of the buyers and

approved

the

Agricultural Marke-

ting

Advise

the

Goveraait-ut

of India

the

Offieer(s) audioris-

ed br him in this

behalf.

As laid down for Indian Light

Crumbs except that

this

grade is sieved out or made

from the foregoing grades of

Brown kernels.

As laid down for Indian Light

Crumbs,

As kid dottTi for Indian Light

Halves and such other con-

ditions as may be approved

by the Agricultural Marke:-

ing Adviser to the Govern-

ment of India or the officer^)

authori^&d bv him in this be-

half.

1. Colour : As laid down for

Indian Brown Halves.

2. Size : As laid down for Indian

Light Crumbs.

' *•

?. Ot'iier defects : As laid down

for Indian Light Halves.

1. Colour :\ As laid down by the

2. Size : j buyers and approved

by tne Agricultural Marketing

Adviser to the Government

India or the officer

officers 3i]fi;orised by him in

this behalf.

O'tic- dificl-; : As m the case

r>f Indian Light Halves.

Foreign Matt-r

•—Msxl.-nuirs to'erance lor so.siga matter which includes wood-splinter, husk, du ^f, mui!, -jlieli-tnt..t- :rc sliall nor exceed c-2^

or 1/4 per cent by weight.

Not:. —A1J toJeianees sliall \.t L-a".c-^!a'co j / . -¹;.¹ basi= of weight.

[NfF.-7-9/64-AM.]

S.-tNTCKH SINGH. U-cer Secy.

SEC. 8(ii)] THE GAZETTE OF INDIA: JANUARY 29, 1966/MAGHA 9, 1887 311

MINISTRY OF COMMERCE

New Delhi, the 17th January 1966

e C

]

;

•

• ' < !

. i

•

;

; • •

; 1 • —

•

;

(

)

by the Calcutta Wheat, Seeds and Bullion Association, 149, Cotton Street, Calcutta,

and being satisfied that it would be in the interest of the trade and also in the

public interest so to do, hereby grants, in exercise of the powers conferred by

Section 6 of the said Act, recognition to the said Association for a further period

of one year from the 31st January, 1966 upto the 30th January, 1967, both days

inclusive, in respect of forward contracts in linseed in the city of Calcutta.

2. The recognition hereby granted is subject to the condition that the said

Association shall comply with such directions as may from time to time be given

by the Forward Markets Commission.

[No. 34(1) Com-Genl(Fmc)/63.]

M. L. GUPTA, Under Secy.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS,

NEW DEtHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 19>66