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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 57] NEW DELHI, FRIDAY, NOVEMBER 28, 1969/AGRAHAYANA 7, 1891

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

as a separate compilation.

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 28th November, 1969: —

I

Bill No. XXIII of 1969

A Bill further to amend the Indian Telegraph Act, 1885

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

1. (1) This Act may be called the Indian Telegraph (Amendment) Act, 1969.

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

Short

title and

com-

mence-

ment.

may, by notification in the Official Gazette, appoint.

Omission

2. In the Indian Telegraph Act, 1885, section 29 shall be omitted.

13 of 1885.

of section

29.

(1029)

STATEMENT OF OBJECTS AND REASONS

Section 29 of the Indian Telegraph Act, 18$5, provides punishment of imprisonment or fine or both to a person if he transmits or causes to be transmitted by telegraph a message which he knows to be false or fabricated. By taking shelter under this provision, the telegraph authori- ties sometimes harass the Press Correspondents for transmitting any riews report telegraphically to their respective news agencies or news- papers found later to be false. If this provision is removed from the said statute, the independence of the journalistic profession will be main- tained to a considerable extent. The present BUI seeks to achieve this objective.

A. D. MANI.

II

Bill No. X X VI of 1969

A Bill further to amend the Payment of Bonus Act, 1965.

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows:—

1. (1) This Act may be called the Payment of Bonus (Amendment)

Act, 1969.

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

Short title and com- mence- ment.

may, by notification in the Official Gazette, appoint.

31 of 1965.

2. For section 10 of the Payment of Bonus Act, 1965, the following

section shall be substituted, namely:—

Substitu- tion of new section for section 10.

Payment of mini- mum bonus, "10. Subject to the provisions of sections 8 and 13, every em- ployer shall be bound to pay to every employee in an accounting year a minimum bonus which shall be eight per cent, of the salary or wage earned by the employee during the accounting year or eighty rupees whichever is higher, irrespective of profits or loss in the accounting year:

Provided that where such employee has not completed fifteen years of age at the beginning of the accounting year, the provisions of this section shall have effect in relation to such employee as if for the words "eighty rupees" the words "fifty rupees" were sub- stituted.

STATEMENT OF OBJECTS AND REASONS

Section 10 of the Payment of Bonus Act, 1965, provides for payment of the minimum bonus at four per cent, of the salary or wage earned by an employee during the accounting year or forty rupees, whichever is higher. Experience of the last few years has revealed that the quantum of minimum bonus fixed by this Act is extremely inadequate. Many employers in West Bengal have already agreed to give 8 per cent, of the annual earning as bonus, though the excess 4 per cent, is sometimes termed as "Exgratia". Even before this legislation, one month's pay was the minimum puja bonus in West Bengal, in many concerns. That was more than 4 per cent of the annual earning. For the same reason the amendment to the proviso to section 10 of the Act is also suggested. Opportunity is being taksn to suitably amend the expression "whether there are profits in the accounting year or not" with a view to avoid unnecessary legal complications.

The amendment proposed in the Bill seek to achieve these objects.

PWUEftPRALAI^ SEN GT^TA.

III

BILL NO. XXIV OF 1969

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1969. Short title.

2. In the Eighth Schedule to the Constitution,—

Amend- ment of Eighth Sche- dule, (a) entries 9 and 10 shall be re-numbered as entries 10 and 11, and entries 11 to 15 shell be re-numbered as entries 13 to 17, res- pectively;

(b) before entry 10 as so re-numbered, the entry "9. Nepali"

shall be inserted; and

(c) before entry 13 as so re-numbered, the entry "12, Rajas-

thani" shall be inserted.

STATEMENT OF OBJECTS AND REASONS

Originally there were 14 languages specified in the Eighth Schedula to the Constitution. Sindhi language was included in that Schedule by the Constitution (Twenty-first Amendment) Act, 1967 subsequently. There

The Nepali speaking citizens of India, numbering about a million, have a legitimate grievance that "Nepali" is not included in the Eighth Schedule. Further, inclusion of "Nepali" in the Eighth Schedule assumes special importance in view of large concentration of Nepalese in the Darjeeling and Jalpaiguri districts of West Bengal, North Bihar, Assam and other Himalayan areas, in view of traditionally patriotic services of Nepali speaking Gurkhas in our Defence Services and also in view of the favourable impact that it may have on Indo-Nepal relations.

Similarly, "Rajasthani", a rich language with a historic past and spoken by about 20 million people deserves recognition as one of the major languages and should therefore be incorporated in the Eighth Schedule.

The proposed Bill seeks for the inclusion of the two languages "Nepali" and "Rajasthani" in the Eighth Schedule to the Constitution.

DWIJENDRALAL SEN GUPTA.

IV

BILL NO. XXVII OF 1969

A Bill farther to amend the Industrial Disputes Act, 1947

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

                  1.  (I)  This  Act  may  be  called  the  Industrial  Disputes  (Amendment)      Short
              Act,  1969.                                                                          title and
                                                                                                   com-
                  (2)  It  shall  come  Into  force  on  such  date  as  the  Central  Government  mence-
              may,  by  notification  in  the  Official  Gazette,  appoint.                        ment.
14 of  1947  .    2.  In  section  2  of  the  Industrial  Disputes  Act,  1947,  in  clause (s),  Amend-
              after  the  words  "discharge  or  retrenchment  has  led  to  that  dispute,"       ment of
                                                                                                   section  2.
              the  words  "or  in  the  case  of  the  death  of  the  workman  his  assignee  or
              heirs,"  shall  be  inserted.

STATEMENT OF OBJECTS AND REASONS

Industrial Disputes Act, 1947 is intended to offer a system fox settle^ ment of industrial disputes. The proceedings under the Act ordinarily start with conciliation proceedings; failing settlement the matter is referred for adjudication and an award given by an adjudicator, if not implemented, is referred to for computation under section 33C of the Industrial Disputes Act, 1947. This section has been amended by the Industrial Disputes (Amendment) Act, 1964 to give a right to the "heirs and assignee" of a deceased workman for the purpose of computation proceedings and recovery of dues from the employer. But no such right exists for heirs or assignee of a deceased workman to proceed with a dispute in the "conciliation proceedings" or "adjudication proceedings". Consequently, the right of a workman abates in such proceedings, the moment he dies, on the plea that a dead workman is not a "workman" within the meaning of the term as denned in the Industrial Disputes Act, 1947. Justice should not, therefore, be denied under this Act to the heirs and assignees of a deceased workman.

TVui nrnnnspH "Rill seplrq tn achieve the above object.

DWIJENDRALAL SEN GUPTA.

B. N. BANERJEE,

Secretary.

PRINTED BY THK GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO MOAD,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 69