ए-२ अगस्
REGISTERED NO . D. 281
रजिस्ट्री सं० डी ० 221
भारत का राजपत्र The Gazette of India
प्रसाधारण
EXTRAORDINARY
भाग II-खण्ड 2
PART II- Section 2
GOVEROSIENT OF INDIA
प्राधिकार से प्रकाহিাস
PUBLISHED BY AUTHORITY
सं• 43] नई दिल्ली, बुधवार अगस्त 20 , 1969/ श्रावण 29 , 1891
No. 43 ] NEW DELHI, WEDNESDAY , AUGUST 20 , 1969 / SRAVANA 29 , 1891
इस भाग में भिन्न पृष्ठ संख्या ही जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation,
LOK SABНА
The following Bill was introduced in Lok Sabha on the 20th August , 1969 :-
BILL NO . 75 OF 1969
A Bill to provide for the extension of certain Central labour laws to the State of Jammu and Kashmir .
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:-
1. ( 1 ) This Act may be called the Central Labour Laws ( Extension to Jammu and Kashmir ) Act, 1969.
Short title and com. mence. ment .
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint .
2. ( 1 ) The Acts mentioned in the Schedule and all rules , orders , regu- lations and schemes made thereunder by the Central Government are hereby extended to , and shall be in force in , the State of Jammu and Kashmir .
Extension and amend- ment of certain labour laws .
(2) With effect from the commencement of this Act , the Acts men- tioned in the Schedule shall be amended as specifled therein.
(819) THE GAZETTE OF INDIA EXTRAORDINARY [PART II 820
=
3. Any reference in any Act mentioned in the Schedule to a law which is not in force in the State of Jammu and Kashmir shall , in relation to that State, be construed as a reference to the corresponding law, if any , in force in that State .
Construc- tionof references to laws not in force in Jammu and Kashmir.
4. Any reference by whatever form of words in any law for the time being in force in the State of Jammu and Kashmir to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that State shall, where a corresponding new authority has been constituted by or under any law now extended to that State, have effect as if it were a reference to the new authority.
Construc- tion of references to autho- nities where new autho- rities have been con- stituted ,
Repeals and savings.
5. If immediately before the commencement of this Act there is in force in the State of Jammu and Kashmir any law corresponding to any Act now extended to that State, that law shall , save as otherwise ex- pressly provided in this Act, stand repealed on such commencement :
Provided that the repeal shall not affect-
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder ,
(b) any right , privilege , obligation or liability acquired , accrued or incurred under any law so repealed ,
(c) any penalty , forfeiture or punishment incurred in respect of any offence committed against any law so repealed , or
(d) any investigation , legal proceeding or remedy in respect of any such right , privilege , obligation , liability, penalty, forfeiture or punishment as aforesaid ;
and any such investigation , legal proceeding or remedy may be instituted , continued or enforced , and any such penalty, forfeiture or punishment may be imposed , as if this Act had not been passed :
Provided further that , subject to the preceding proviso , anything done or any action taken ( including any appointment or delegation made, notification , instruction or direction issued , form , bye - law or scheme framed , certificate obtained , permit or licence granted or registration effected) under any such law shall be deemed to have been done or taken under the corresponding provisions of the Act now extended to that State, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act .
Power to remove difficul . ties .
6. ( 1) If any difficulty arises in giving effect to the provisions of any Act now extended to the State of Jammu and Kashmir , the Central Government may, as occasion may require, by order notified in the Official Gazette, make such provisions or give such directions , not incons- Istent with the provisions of such Act, as appear to it necessary for the removal of the difficulty:
Provided that no such order shall be made under this section after the expiration of two years from the date on which this Act comes into force.
NEC. 2 ] THE GAZETTE OF INDIA EXTRAORDINARY 821
(2) In particular , and without prejudice to the generality of the foregoing power, any such notified order may-
(a) specify the corresponding authorities within the meaning of section 4 ,
(b) provide for the transfer of any matter pending immediately before the commencement of this Act before any court, tribunal or other authority, to any corresponding court , tribunal or other autho- rity for disposal ,
(c) specify the areas or circumstances in which , or the extent to which, or the conditions subject to which , anything done or any action taken ( including any of the matters specified in the second proviso to section 5) under any law repealed by that section shall be recognised or given effect to under the corresponding provision of the Act now extended .
THE SCHEDULE
(See section 2)
ACTS
THE WORKMEN'S COMPENSATION ACT, 1923
(8 OF 1923)
Section 1. In sub -section (2 ) , omit " except the State of Jammu and Kashmir" .
Section 3. In sub - section (3 ) , omit " within the State or the territories to which this Act extends , as the case may be," .
THE TRADE UNIONS ACT, 1926
(16 OF 1926)
Section 1. In sub- section ( 2 ) , omit " except the State of Jammu and Kashmir" .
Section 16.After sub- section (2 ) , insert-
" (2A ) In its application to the State of Jammu and Kashmir references in sub - section (2 ) to any legislative body constituted under the Constitution shall be construed as including references to the Legislature of that State." .
Section 21A. After sub-section ( 2 ) , insert-
" (3 ) In its application to the State of Jammu and Kashmir, reference in sub- section (2) to the commencement of the Indian Trade Unions ( Amendment ) Act , 1964 , shall be construed as reference to the commencement of this Act in the said State." .
THE CHILDREN ( PLEDGING OF LABOUR ) ACт, 1933
(2 or 1933)
Section 1. In sub - section ( 2 ) , omit " except the State of Jammu and Kashmir" .
THE PAYMENT OF WAGES Aст, 1936
(4 OF 1936)
Section 1. In sub -section ( 2 ) , omit " except the State of Jammu and Kashmir" .
THE EMPLOYERS' LIABILITY Аст, 1938
(24 OF 1938)
Section 1. In sub - section ( 2 ) , omit " except the State of Jammu and Kashmir" .
822
THE GAZETTE OF INDIA EXTRAORDINARY [PART II
THE EMPLOYMENT OF CHILDREN ACT, 1938
(26 OF 1938 )
Section 1. In sub -section ( 2 ) , omit " except the State of Jammu and Kashmir" .
Section 3B.-Re -number section 3B as sub -section ( 1 ) of that section and after sub - section ( 1 ) as so re-numbered , insert- " (2) In its application to the State of Jammu and Kashmir , reference to the 1st day of October , 1939 , shall be construed as refer- ence to the commencement of this Act in the said State ." .
THE WEEKLY HOLIDAYS ACT, 1942
(18 OF 1942)
Section 1. In sub - section (2 ) , omit " except the State of Jammu and Kashmir" .
THE INDUSTRIAL EMPLOYMENT ( STANDING ORDERS) ACT , 1948 (20 OF 1946)
Section 1. In sub -section ( 2) , omit " except the State of Jammu and Kashmir" .
THE INDUSTRIAL DISPUTES ACT, 1947
(14 OF 1947)
Section 1. In sub-section ( 2) , omit the proviso . THE COAL MINES LABOUR WELFARE FUND ACT, 1947 (32 or 1947)
Section 1.In sub -section ( 2 ) , omit " except the State of Jammu and Kashmir" .
THE MINIMUM WAGES ACT, 1948
(11 or 1948)
Section 1.-In sub-section (2 ) , omit " except the State of Jammu and Kashmir" .
THE EMPLOYEES' STATE INSURANCE ACT , 1948
(34 OF 1948)
Section 1. In sub-section ( 2 ) , omit " except the State of Jammu and Kashmir" .
THE COAL MINES PROVIDENT FUND AND BONUS SCHEMES Аст , 1948 (46 OF 1948)
".
Section 1. In sub -section ( 2 ) , omit " except the State of Jammu and Kashmir
THE FACTORIES ACT, 1948
(63 or 1948)
Section 1. In sub - section (2 ) , omit " except the State of Jammu and Kashmir".
THE WORKING JOURNALISTS ( CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS Аст, 1955
(45 or 1955)
Section 1. In sub-section ( 2 ) , omit " except the State of Jammu and Kashmir" .
SEC. 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
823
...
THE EMPLOYMENT EXCHANGES ( COMPULSORY NOTIFICATION OF VACANCIES)
Аст, 1959
(31 OF 1959)
Section 1. In sub-section ( 2 ) , omit " except the State of Jammu and Kashmir" .
THE MOTOR TRANSPORT WORKERS ACT , 1961
(27 OF 1961)
Section 1 .- ( a) In sub - section ( 2 ) , omit " except the State of Jammu and Kashmir" .
(b) To sub -section (3 ) , add-
"Provided that it shall come into force in the State of Jammu and Kashmir on the commencement of the Central Labour Laws (Exten- sion to Jammu and Kashmir ) Act, 1969. ".
THE MATERNITY BENEFIT Аст, 1961
(53 OF 1961)
Section 1. In sub - section ( 2 ) , omit " except the State of Jammu and Kashmir " .
THE PAYMENT OF BONUS Aст , 1965
(21 OF 1965)
Section 1.- ( a) In sub- section ( 2) , omit " except the State of Jammu and Kashmir " .
(b) To sub - section ( 4) , add-
"Provided that in relation to the State of Jammu and Kashmir , the reference to the accounting year commencing on any day in the year 1964 and every subsequent accounting year shall be construed as reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year." .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 824
STATEMENT OF OBJECTS AND REASONS
In order to secure uniform application of the various labour laws to the whole of India, it has been decided, with the concurrence of the Government of Jammu and Kashmir , to extend certain labour laws to that State.
Hence the Bill .
NEW DELHI;
The 18th May , 1969.
JAISUKHLAL HATHI.
Src . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
825
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to extend to the State of Jammu and Kashmir the 19 Central Labour Acts mentioned in the Schedule to the Bill . The extension of some of these Acts to that State will involve expendi- ture from the Consolidated Fund of India to the extent the Central Government is responsible for the administration of these Acts in the industrial establishments falling under the Central sphere . For exam- ple, the Chief Labour Commissioner ( Central ) is responsible for the en- forcement of the provisions of-
1. The Trade Unions Act , 1926 .
2. The Payment of Wages Act , 1936.
3. The Employment of Children Act , 1938.
4. The Industrial Employment ( Standing Orders) Act , 1946.
5. The Industrial Disputes Act , 1947 .
6. The Minimum Wages Act, 1948 .
7. The Coal Mines Provident Fund and Bonus Schemes Act , 1948 (in so far as Coal Mines Bonus Schemes are concerned ) .
8. The Payment of Bonus Act, 1965 .
Similarly the Coal Mines Welfare Commissioner is responsible for the administration of the Coal Mines Labour Welfare Fund Act, 1947. The Organisation of the Coal Mines Provident Fund administers the Provi- dent Fund of employees in Coal Mines and ancillary industries under the provisions of the Coal Mines Provident Fund and Bonus Schemes Act , 1948 , in so far as it relates to Coal Mines Provident Fund Schemes .
The Maternity Benefits Act , 1961 , is administered by the Coal Mines Welfare Commissioner in the Coal Mines and by the Chief Inspector of Mines in the other Mines .
2. To the extent possible, the existing machinery of the Central Gov- ernment for the enforcement of the various Labour Laws , where the responsibility for their administration vests in the Central Government , will be utilised . It will , however , be necessary to strengthen the orga- nisation of the Chief Labour Commissioner ( Central ) and to set up in the State of Jammu and Kashmir an office of the Assistant Labour Commis- sioner ( Central ) and an office of Labour Enforcement Officer ( Central) with some staff . This will involve creation of a few additional posts in- volving, on an average , an annual recurring expenditure of about Rs . 50,000 as per details given below:-
Pay of Officers
Rs. 15,000
Pay of Establishment
Rs. 7,800
Allowances and Honoraria
Rs . 20,000
Rs. 7,200
Contingencies
Rs . 50,000 THE GAZETTE OF INDIA EXTRAORDINARY [PART II 826
The expenditure likely to be incurred during the current financial year will roughly be Rs . 10,000 . The position regarding the actual staff require- ments however will be known only after a clear picture emerges regard- ing the work load involved .
3. In the case of the other organisations of the Central Government, separate whole- time staff may not be required for some time , but the officers of the enforcement machinery will have to visit the industrial establishments with which the Central Government is concerned three or four times a year and on this account , & recurring expenditure of Rs . 5,000 per annum on travelling allowances of officers is expected to be incurred . The expenditure during the current financial year is not expected to exceed Rs . 1,000.
4. The extension of the Acts to the aforesaid State of Jammu and Kashmir will , thus , involve the Central Government in an approximate recurring expenditure of Rs . 55,000 per annum . In so far as the current financial year is concerned , a sum of roughly Rs . 11,000 will be required.
SEC. 21 THE GAZETTE OF INDIA EXTRAORDINARY
827
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 6 of the Bill empowers the Central Government to provide by order notified in the Official Gazette for the removal of difficulties that may arise in giving effect to its provisions . The Bill seeks to extend various Acts to the State of Jammu and Kashmir and it is the normal practice to insert in Bills , extending enactments to territories , a provi- sion for the removal of difficulties which may arise in the course of transition from the oldto the new state of affairs . Clause 6 (2) of the Bill indicates the principal matters in respect of which orders may be issued. The delegation of legislative power , in the circumstances , is of normal character .
S. L. SHAKDHER ,
Secretary.
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS . MINTO ROAD NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1969