REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 10 ]

NEW DELHI, Wednesday, March 20, 1970/Phalguna 11, 1892

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 20th March, 1970:—

Bill No.1 of 1970

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1970. short title.

2. In the Eighth Schedule to the Constitution—

(a) entries 8 to 15 shall be re-numbered as entries 9 to 16, res-

pectively;

(b) before, entry 9 as so re-numbered, the entry "8. Manipuri"

shall be inserted.

Amendment

of the

Eighth

Schedule

to the

Constitut-

ion

(271)

272

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[PART II

STATEMENT OF OBJECTS AND REASONS

The Manipuri language has a rich literature. Dr. Suniti

Kumar

Chatterj ee, President of the Sahitya Akademy and a National Professor

speaks highly of the richness of the Manipuri literature. Besides the

rich and original works including ancient manuscripts on various sub-

jects, there are translations of high order of Mahabharata, Ramayana,

Shrimat Bhagavata Gita, Manusanghita, Sakuntalam, Uttar Ramcharitam

from the original Sanskrit texts, in this language. Similarly Manipuri

translations of important works of Michael Madhusudan, Bankim

Chandra, Rabindranath Tagore and Sarat Chatterjee also exist. Though

the Manipuri language with a sprinkling of Sanskrit words here and

there, has had an independent growth, it originally belongs to the sub-

family of Tibeto-Burman languages. It is the regional language of the

Union Territory of Manipur and is spoken by about fifteen lakhs of Peo-

ple.

For all these reasons the language deserves to be placed In the Eighth

Schedule as one of the national languages of India.

The proposed Bill seeks for the inclusion of 'Manipuri' in the Eighth

Schedule to the Constitution.

S. KRISHNAMOHON SINGH

SEC. 2]

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27$

BILL NO. XXVIII OF 196^

A Bill further to amend the Central Reserve Police Force Act, 1949.

BE it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

1. (1) This Act may be called the Central Reserve Police Force

(Amendment) Act, 1970.

Short

title and

com-

mence-

ment.

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

niay, by notification in the Official Gazette, appoint.

2. In section 8 of the Central Reserve Police Force Act, 1949 after sub-

section (1), the following proviso shall be added, namely: —

86 of 1949

Amend-

ment of

Section 8.

"Provided that the Force shall not be deployed in any part of

a State without the consent of the Government of that State."

2?4

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[PAET II

STATEMENT OF OBJECTS AND REASONS

Maintenance of Law and order is primarily the responsibility of the

State Governments. When the Central Reserve Police Force is deployed

In a State by the Central Authorities without the consent of the Gov-

ernment of that State in order to protect vital Central installations there,

it will lead to serious conflicts of jurisdiction between the Centre and

the State embittering Centre-State relationship. This unhappy situation

can be avoided if the Central Reserve Police Force is deployed in a State

only with the consent of the Government of that State.

Hence this amendment.

CHITTA BASU.

Stic. 2]

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2?5

BILL NO. Ill OF 1970

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1970.

Short title.

2. In sub-clause (b) of clause 2 of article 85 of the Constitution, after

the words "the House of the People" the words "on the advice of the Prime

Minister" shall be added.

Amend-

ment of

Article 85.

%]6

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[PAR! II

STATEMENT OF OBJECTS AND REASONS

Article 85 (2) (b) of the Constitution confers on the President powef

of dissolution of the "ILjuse of the People".

It is not quite clear whe-

ther the President is to exercise this power in his own discretion or act

according to the advice of the Prime Minister in the matter.

In a Par-

liamentary democracy the Prime Minister should have the power of

obtaining the verdict of the people when he considers that an adverse

vote of the House of the people does not reflect the views of the people

themselves.

With a view to making the Constitutional powers of the President

clear and for strengthening the Parliamentary system In the country

the proposed amendment is suggested.

PRANAB KUMAR MUKHERJEE.

Sac. 2]

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277

Bill No. XIV of 1969.

A Bill to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

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

1970.

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. In the First Schedule to the Constitution,—

(a) under the heading "I. THE STATES", after entry 17, the

following entry shall be inserted, namely: —

"18. Himachal Pradesh.—The territories which immediately

before the commencement of this Constitution were being ad-

ministered as if they were Chief Commissioners' Provinces under

the names of Himachal Pradesh and Bilaspur and the territories

specified in sub-section (1) of section 5 of the Punjab Reorgani-

sation Act, 1966."

(b) under the heading "II. THE UNION TERRITORIES", entry

2 relating to Himachal Pradesh shall be omitted.

Amend-

ment of

the first

Schedule

to the

Consti-

tution.

3. In article 239A of the Constitution, in clause (1), t^e words "Hima7

chal Pradesh" shall be omitted..

Amend-

ment p{

article

239A,

278

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[PART II

STATEMENT OF OBJECTS AND REASONS

For a long time the people of Himachal Pradesh have been demanding

for full Statehood as under the Government of Union Territories Act,

1963, they have little scope foT playing effective roles in their economic,

political, social and cultural spheres. Such a demand was also placed

before a Study Team of the Administrative Reforms Commission by the

Members of Parliament from Himachal Pradesh and a Resolution to .this

effect was moved in the Rajya Sabha on the 26th July, 1968. On the

9th August, 1968, the Minister of State in the Ministry oH Home Affairs

expressed his full sympathy with the demand contained in this Resolu-

tion.

Himachal Pradesh now claims to be the biggest Union Territory after

its acquiring territories from the erstwhile State of Punjab under the

Punjab Reorganisation Act, 1966, and economically it has become suffi-

ciently viable. Justice should, therefore, be done to the people of

Himachal Pradesh by granting them full Statehood.

Hence this Bill,

C. h. VARMA.

SEC. 2]

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279

Bill No. II of 1970

A Bill to amend the Trade Unions Act, 1926.

BE it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

1. (1) This Act may be called the Trade Unions (Amendment) Act,

1970.

Short

title and

commence-

ment.

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

may, by notification in the Official Gazette, appoint.

2. In section 2 of the Trade Unions Act, 1926 (hereinafter referred

to as the principal Act),—

Amend-

ment of

section 2

of Act 16

of 1928.

(i) before clause (a), the following clause shall be inserted,

namely: —

' (al) "employer" means,—

(i) in relation to an industry carried on by or under

the authority of any Department of the Central Government

or of the State Government, the authority prescribed in this

behalf, or where no authority is prescribed, the head of the

Department,

280

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[PAHT I

(:i) in relation to an industry carried on by or on

behalf of a local authority, the chief executive officer of that

authority,

(Hi) in relation to any other industry, its owner, mana-

ger or general manager, managing director, or where there

is no authority of these categories, the person who has ulti-

mate control over the affairs of the industry, and where the

said affairs are entrusted to a managing agent, such manag-

ing agent,

(iv) in relation to an association or organisation of

employers, its executive or any other body, by whatever

name it is called to which the management of the affairs

of the association or organisation is entrusted;';

(ii) after clause (a), the following clauses shall be inserted,

namely: —

'(aa) "industry" means—

(i) any business, trade, undertaking, manufacture or

calling of employers; and

(ii) any

calling,

service,

employment,

handicraft,

industrial occupation or avocation of workmen, and includes

any university, college, school and other educational institu-

tion or institution for carrying on research work, auditor's

or solicitor's firm, hospital, and any other establishment aa

the appropriate Government may, by notification

in the

Official Gazette, declare as industry;

(aim) "Local area" means any area comprising the whole or

part of a State or Union territory as the appropriate Govern-

ment may, after making such enquiry as may be prescribed,

specify by notification in the Official Gazette, in relation to any

class of industry;

(aaaa) "lock-out" means a lock-out as denned in clause (I)

of section 2 of the Industrial Disputes Act, 1947;';

Act 14 of

1947.

(in) after clause (c), the following clause shall be inserted,

namely: —

' (oc) "recognised Trade Union" means a Trade Union recog-

nised under this Act;';

(iv) after clause (f), the following clause shall be inserted,

namely: —

l(1f) "strike" means a strike as denned in clause (q) of sec-

tion 2 of the industrial Disputes Act, 1947;'; and

(v) in clause (g), the word "and" at the end shall be omitted,

and to the said clause as so amended, the following proviso shall be

added, namely: —

'Provided that for the purpose of Chapter IIIA of this Act the

word "workman" shall have the same meaning as in clause (s) of

section 2 of the Industrial Disputes Act, 1947; and'.

SEC. 2]

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281

3. In section 10 of the principal Act, in clause (b), after the words

"this Act", the words and figure "or any rule referred to in section 6,"

shall be inserted.

Amend-

ment of

Section 10.

4. For section 11 of the principal Act, the following section shall be

substituted, namely: —

Substitu-

tion of

new Sec-

tion lor

Section 11,

"11. (1) Any person aggrieved by any refusal of the Registrar

to register a Trade Union under section 7 or by the withdrawal or

cancellation of a certificate of registration under section 10 and any

Trade Union or any association or organisation of employers or any

employer of an industrial establishment aggrieved by any decision

of the Registrar under Chapter IIIA of this Act in connection with

the grant, cancellation or withdrawal of any certificate

directing

recognition of a Trade Union may, within such period as may be

prescribed, appeal—

Appeal.

(a) where the head office of the Trade Union or the asso-

ciation or organisation of employers or any employer of an

individual establishment or the industrial establishment is situa-

ted within the limits of a Presidency town, to the High Court, or

(b) where such head office is situated in any other area, to

such Court, not being inferior to the Court of an Additional

District Judge, as the appropriate Government may appoint in

this behalf for that area.

(2) The appellate Court may dismiss the appeal, or pass an

order—

(a) directing the Registrar to register the Trade Union and

to issue a certificate for registration under the provisions of sec-

tion 9, or

(b) setting aside the order for withdrawal or cancellation of

the certificate of registration, or

for recognition of a Trade Union if such recognition is not main-

tainable under the provisions of this Act, or

(d) directing the Registrar to grant certificate for recogni-

tion to a Trade Union,

and the Registrar shall comply with the order of the appellate Court.

(3) For the purpose of an appeal under sub-section (1) an appel-

late Court shall, so far as may be, follow the same procedure and

have the same powers as it follows and has when trying a suit under

the Code of Civil Procedure, 1908, and may direct by whom the

whole or any part of the costs of the appeal shall be paid, and such

costs shall be recovered as if they had been awarded in a suit under

the said Code.".

Act 5 of

1908.

282

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[PART II

5. After Chapter III of the principal Act, the following Chapters shall

be inserted, namely: —

Insertion

of new

Chapters

IIIA and

iJIB.

"CHAPTER IIIA

RECOGNITION OF TRADE UNIONS

28A. (I) Subject to the provisions of sub-section (2), any regis-

tered Trade Union may apply in the prescribed manner together

with such fee, not exceeding ten rupees, as may be prescribed, to

the Registrar for recognition as the representative Trade Union for

an industrial establishment or a class of industry, in a local area,

as the case may be:

Applica-

tion for

recogni-

tion.

Provided that no such application shall be entertained in respect

of an industrial establishment or a class of industry, -in a local area,

as the case may be, if there is already a Trade Union recognised

under this Act in respect of such industrial establishment or class of

industry, as the case may be, during the period of two years imme-

diately following the date of recognition of that Trade Union by the

employer concerned:

Provided further that such application may be filed with the

Registrar within the period of two years referred to in the first pro-

viso if the recognition of the Trade Union concerned is withdrawn

or cancelled under this Act during that period:

Provided also that the existence of a recognised Trade Union

in respect of a class of industry in a local area shall not be a bar in

submitting an application for recognition in a single industrial estab-

lishment belonging to that class of industry in a local area.

(2) No Trade Union shall be eligible to apply for recognition

under sub-section (1), unless—

(i) it has been functioning as a registered Trade Union In

an industrial establishment or the class of industry in the local

area, as the case may be, for a period of at least six months imme-

diately preceding the date of filing of such application;

(ii) the membership thereof is open to all workmen em-

ployed in the industrial establishment or the class of industry

in the local area, as the case may be; and

{Hi) the rules of the Trade Union provide that—

(a) the appointment of the office-bearers shall be made

every year within the date specified in this behalf; and

(b) the meeting of its executive shall be held at least

once every three months.

28B. (1) On receipt of an application under section 28A, the Re-

gistrar shall hold such enquiry as may be prescribed for determin-

ing whether the applicant Trade Union fulfils the conditions laid

down in sub-section (2) of section 28A.

Certificate

for recog-

nition of

Trade

l^Tni<ftii.

SEC. 2]

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283

(2) If, on completion of the enquiry under sub-section (I), the

Registrar is satisfied that the applicant Trade Union—

(i) does not fulfil all or any of the conditions laid down in

sub-section (2) of section 28A, or is not entitled to apply in view

of the first proviso to sub-section (1) of section 28A, he

shall

reject the application and intimate the reasons for such rejection

to the Trade Union;

(ii) fulfils all the conditions laid down in sub-section (2)

of section 28A, he shall proceed to take action as hereinafter

provided.

(3) If there is only one applicant Trade Union in respect of an

industrial establishment or a class of industry in a local araa, as the

case may be, fulfilling the conditions laid down in sub-section (2)

of section 28A, the Registrar shall, within a period of fifteen days,

enter the name of that Trade Union in a prescribed register to be

maintained by him for this purpose and, as early as

practicable,

grant a certificate in the prescribed manner to the applicant Trade

Union directing reccgnition of that Trade Union by the employer

concerned.

(4) If there are more than one applicant Trade Unions in res-

pect of an industrial establishment or a class of industry in a local

area, as the case may be, fulfilling the conditions laid down in sub-

section (2) of section 28A, the Registrar shall arrange to hold an

election by secret ballot in the prescribed manner, in order to ascer-

tain which of the applicant Trade Unions has the following of the

largest number of eligible workmen employed in the industrial

establishment or class of industry in a local area, as the case may

be, and after recording the name of the Trade Union which secures

the largest number of votes, in the prescribed register to be main-

tained by him for the purpose, grant as early as practicable, a certi-

ficate in the prescribed manner to that Trade Union directing recog-

nition of that Trade Union by the employer concerned.

28C. All workmen, who are above the age of eighteen years, and

are in service for a period of 120 days in a period of twelve months

immediately before the date of announcement of an election to be

held for the purpose of section 28B, in relation to such industrial

establishment or class of industry, as the case may be, shall be eligi-

ble for voting.

Eligibility

for voting.

28D. (1) On receipt of the Registrar's certificate directing the

recognition of a Trade Union under section 28B, the employer or em-

ployers, as the case may be, shall, within a period of thirty days,

from the date of receipt of such certificate, grant in the prescribed

manner recognition to the Trade Union as the representative union

In relation to the Industrial establishment or class of industry in a

local area, as the case may be, to which the certificate relates.

Recogni-

tion of

Trade

Union.

(2) A Trade Union recognised under sub-section (1) shall also

be recognised as the representative union by every federation, asso-

ciation or organisation of employers pertaining to the same indus-

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[PART II

trial establishment or class of industry in the local area, as the case

may be.

(3) Any recognition granted under this section shall be operative

for a period of two years from the date on which such recognition

is granted by the employer unless the recognition is cancelled or

withdrawn at an earlier date under section 28G:

Provided that where the recognition of a Trade Union is not

cancelled or withdrawn under section 28G, such recognition shall

continue to be operative after the expiry of two years, for a period

of six months or until another Trade Union is recognised in its

place, whichever is earlier.

28E. (1) A Trade Union recognised under this Act shall, in such

manner and subject to such conditions as may be prescribed, have

the right —

Rights of

recognised

Trade

Union.

(a) to raise issue and enter into collective agreement with the

employer or employers on general questions concerning employment

or non-employment or terms of

employment and conditions of

labour of any workman in respect of the industrial establishment

or class of industry in a local area, as the case may be, for which

it is recognised:

Provided that where, in any local area, in addition to a Trade

Union recognised for a class of industry, there is also a recognised

Trade Union in an individual industrial establishment belonging to

that class of industry, the Trade Union recognised for a class of

industry shall have the right to raise only general issues for that

class of industry as a whole;.

(0) to collect membership fees, subscriptions or any other dues

payable by members of the Trade Union within the premises of the

industrial establishment or class of industry in a local area, as the

case may be, in such manner as may be prescribed;

(C) la put up or to cause to be put up a notice board on the

premises of the industrial establishment or class of industry in a

local area, as the case may be, in respect of which it is recognised

and affix or cause to be affixed thereon notices relating to meetings,

statements of accounts of its income and expenditure and other an-

nouncements which are not abusive, indecent or contrary to discip-

line or otherwise against the provisions of any law for the time being

In torce;

(d) for the purpose of prevention or settlement of any dispute

regarding issues specified in clause (a) —

(i) to hold discussions with the workmen who are members

ot the Trade Union at a suitable place or places within the pre-

mises of the industrial establishment as mutually agreed upon;

(U) to meet and discuss with the employer or any person

appointed by him for the purpose;

£>EC. 2]

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(in) to inspect, by prior arrangement, any place in the indus-

trial establishment or class of industry in a local area, as the

case may be, where any member of the Trade Union is employ-

ed; and

(e) to nominate its representatives on non-statutory bipartite

committees like Production Committee, Welfare Committee, House

Allotment Committee that might be set up by any employer in an

industrial establishment.

(2) The rights of a recognised Trade Union specified in sub-

section (1) shall be without prejudice to the rights that any unrecog-

nised Trade Union enjoys under the Industrial Disputes Act, 1947.

Act 14 of

1947.

28F. Every Trade Union recognised under section 2-8D shall

submit to the Registrar at the prescribed time and in the prescribed

manner such returns, in addition to those referred to in section 28,

as may be prescribed.

Returns

by recog-

nised

Trade

Unioh3.

28G. (1) The recognition of any Trade Union shall stand cancel-

led as soon as the Registration of such Trade Union is cancelled by

the Rjegistrar under this Act unless there is any appeal against such

order of cancellation.

Cancella-

tion and

with-

drawal of

recogni-

tion of a

Trade

Union.

(2) The Registrar may, in such manner as may be prescribed,

direct the employer recognising a Trade Union to withdraw such

recognition, if he is satisfied, after giving the parties concerned due

opportunity of placing their case, and after holding such enquiry

as may be prescribed, that the recognised Trade Union—

(a) has ceased to fulfil all or any of the conditions specified

in section 28A; or

(b) obtained recognition on misrepresentation of facts; or

28H.

(3) The recognition of a Trade Union may also be cancelled or

withdrawn on the direction of the appellate Court on an appeal

under section 11.

CHAPTER IIIB

UNFAIR PRACTICES BY TRADE UNIONS AND EMPLOYERS

28H. The following shall be deemed to be unfair practices on

the part of a recognised Trade Union, namely: —

Unfair

practicei

by recog-

nised

Trade

Unions.

(a) publication by a Trade Union of any statement of facts

which is false and which the Trade Union either believes to be

false, or does not believe to be true, in relation to any other

Trade Union contesting the election in connection with the

selection of a representative Trade Union, with the calculated

object to prejudice the prospects of the other Trade Union's

election;

(b) submission by a Trade Union of any return required by

or under this Act containing false statements.

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[PART II

281. The following shall be deemed to be unfair practices on the

part of an employer, namely:-—

Unfair

practices

by em-

ployers.

(a) to interfere with, restrain or coerce his workmen, in the

exercise of their rights to organise, form, join or assist a Trade

Union and to engage in concerted activities for the purpose of

mutual aid and protection;

(b) to interfere with the formation, or administration of

any Trade Union or to contribute financial support to it;

against

any

officer of a Trade Union because of his being such officer;

(d) to discharge or otherwise

discriminate

against

any

workman because he has made allegation or given evidence in

an enquiry or proceeding relating to any matter referred to in

sub-section (1) of section 28E.".

6. In section 31 of the principal Act,—•

(a) in sub-section (1), for the word "statement", the words

"statement, return" shall be substituted;

(b) in sub-section (2), after the words "that section", the words,

figures and letter "or in or from any return referred to in section

28F" shall be inserted.

Amend-

ment of

Section 31.

7. After section 32 of the principal Act, the following sections shall

be inserted, namely: —

Insertion

of new

sections

32A and

32B.

"32A. If any employer fails or refuses to grant recognition to a

Trade Union as required under section 28D, he shall, on conviction,

be punishable with fine which may extend to one thousand rupees

or with imprisonment which may extend to six months or with both.

Penalty

for

failure or

refusal to

grant re-

cognition.

32B. (1) Any employer who' commits any unfair practice speci-

fied in section 281 shall be punishable, on conviction, with a fine

which may extend to one thousand rupees or with imprisonment

which may extend to six months.

PeVialty

for unfair

practices.

(2) Where the offence committed under this section or under

section 32A involves a company, or other body corporate, or an

association of persons (whether incorporated or not) every director,

manager, secretary, agent or other officer or persons concerned with

the management thereof shall, unless he proves that the offence was

committed without his knowledge or consent, be deemed to be guilty

of such offence.".

Stac. 2]

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287

STATEMENT OF OBJECTS AND REASONS

There is no provision for recognition of trade unions in the Trade

Vnions Act, 1920, or in any other Central Act. As such, the employers

often recognise only those trade unions which suit their purpose, irres-

pective of the representative character of the said trade unions. This

Bill seeks to provide for the conditions of recognition as well as to deter-

mine the scope and ambit of all such recognised trade unions. An iden-

tical Bill was passed by the West Bengal Legislative Assembly having

jurisdiction over the State of West Bengal and this Bill, when passed,

would have uniform law for recognition of trade unions throughout the

country.

Hence this Bill.

DWTJENDRALAL SEN GUPTA.

B. N. BANERJEE,

Secretary-

HtnrTBD BY TBDi QWXHRAL MAWACW), OOVXRNMXirr OF UTOIA PltWB, MOTTO HQAS,

1HW MLWT AMD PUBLISHED BT THB MAlfAXHR 01" PTOUWAXUXm, TUUtS,

1970