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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 52] NEW DELHI, FRIDAY, NOVEMBER 27,1970/AGRAHAYANA 6, 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 27th

November, 1970: —

BILL NO. XXXII OF 1970

A Bill further to amend the Industrial Disputes Act, 1947

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

of India as follows: —

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

1970.

Short title.

Amend- ment of section 2.

2. In sub-clause (a) of clause (00) of section 2 of the Industrial Dis- putes Act, 1947 (hereinafter referred to as the principal Act), after the word "workman", the words "except when the voluntary character of the retirement is disputed by the workman" shall be inserted.

3. In section 9A of the principal Act, the following Explanation shall

be inserted at the end, namely: —

Amend- ment of section 9A.

"Explanation.—The conditions of service with regard to matters specified in items Nos. 10 and 11 of the Fourth Schedule shall be deemed to be implied conditions of service of every workman.".

4. In section 10 of the principal Act, after the second proviso to sub-

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

Amend- ment of section 10.

( 9 9 1)

"Provided also that where the dispute relates to the conditions

of service with regard to any of the matters specified in items Nos. 10 and 11 of the Fourth Schedule, the appropriate Government shall, unless it considers that it would be inexpedient so to do, make a reference under this sub-section.".

5. After section 10A of the principal Act, the following new section Insertion vl new

shall be inserted, namely: —

section IOB.

Reference of disputes re- lating to termina- tion erf services by

"10B. (2) Where an industrial dispute relating to the termination of services of a workman by way of early voluntary retirement has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, and in the course of the adjudication, and in the course of the adjudication proceedings, the Labour Court, Tribunal or the National Tribunal, as the case may be, is satisfied that such termina- tion was not justified, it may, by its award, set aside the termination and direct reinstatement of the workman.

way of early voluntary retirement.

(2) On such reinstatement under sub-section (/) the payment, if any, received by the workman for such voluntary retirement shall be adjusted against the wages due to the workman.".

6. In the Fourth Schedule to the principal Act; for item 10, the follow-

ing shall be substituted, namely: —

Amend- ment at Fourth Schedule.

"10. Rationalisation and reorganisation, standardisation or im- provement of plant or technique including introduction of automation •which is likely to result in surplus workmen or abolition of jobs;",

STATEMENT OF OBJECTS AND REASONS

For some time past an agitation has been going on in some of the petroleum oil companies where a number of workmen had, in fact, been coerced by the managements to retire prematurely under schemes of early voluntary retirement. As protracted efforts at various levels did not succeed in resolving the dispute, Government had to appoint a Commission of Inquiry under Shri B. N. Gokhale, former Judge of the High Court of Judicature at Bombay, to go into the whole question of job security in the oil companies. The Commission's recommendations also were not fruitful in bringing about a settlement

Considering all the aspects of the matter, the conclusion seems in- escapable that the remedy for affording job security to workmen in these, and in fact in all such industrial undertakings, may lie in making suitable provisions in this regard in the Industrial Disputes Act, 1947, so that measures of rationalisation, reorganisation, etc. and those leading to re- duction in employment—which are not covered by the existing section 9A of the Act—would fall under the implied conditions of service and the workmen could then demand a notice of change in such matters, and failing mutual agreement, invoke the machinery of conciliation, etc., for resolving outstanding disputes. Once this is done, the matter can be taken up in conciliation either by a Conciliation Officer or a Conciliation Board, and, where necessary, the appropriate Government can proceed to refer it to adjudication. The definition of the term 'retrenchment' in section 2 (oo) of the Industrial Disputes Act, 1947 would also need to be amended to include cases of early voluntary retirement of workmen where their voluntary nature is itself in dispute.

Hence the amendments.

CHITTA BASU.

BILL NO. X X X IV OF 1970

A Bill further to amend the Industrial Disputes Act, 194¹*

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

public of India as follows: —

1. (2) This Act may be called the Industrial Disputes (Amendment)

Act, 1970.

(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.

14 O* 1047.

Amend- ment of

section 2.

2. In section 2 of the Industrial Disputes Act, 1947, in clause (s), after the words "discharge or retrenchment has led to that dispute." 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 for settle- ment of industrial disputes. The proceedings under the Act ordinarily start with conciliation proceedings; failing settlement the matter is re- ferred 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 pro- ceedings". Consequently, the right of a workman abates in such pro- ceedings, the moment he dies, on the plea that a dead workman is not a "workman" within the meaning of the term as defined in the Indus- trial Disputes Act, 1947. Justice should not, therefore, be denied under this Act to the heirs and assignees of a deceased workman.

The proposed Bill seeks to achieve the above object.

DWIJENDRALAL SEN GUPTA.

BILL NO. XXXIH OF 1970

A Bill -further to amend the Constitution of India

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

lic of India as follows: —

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

Short title.

2. In sub-clause (a) of clause (1) of article 240 of the Constitution, for

the words "the Andaman and Nicobar Islands", the words "Shaheed and Swaraj Islands" shall be substituted.

Amend- ment of article 240.

3. In the First Schedule to the Constitution, under the heading "II. The Union Territories", in the column containing the names of the Union territories, in entry 5, for the words "the Andaman and Nicobar Islands", the words "the Shaheed and Swaraj Islands" shall be substituted.

Amend- ment of the First Schedule to the Constitu- tion.

STATEMENT OF OBJECTS AND REASONS

The Andaman Islands have a very close and intimate connection with the struggle for independence of the country. A number of stalwarts, notably Lokraanya Tilak, Barindra Kumar Ghose, Abinash Bhattacharyya, Lala Lajpat Rai, V. D. Savarkar and others at some time or the other were imprisoned there.

Public opinion in the country has been strongly in fovour of chang- ing the name of these islands to commemorate the memory of all those martyrs who sacrificed their lives for the country. Views have been expressed within and without Parliament that these islands should more appropriately be named "the Shaheed Dwips" in memory of these martyrs (shaheeds). Moreover, because of the "shaheeds" (martyrs) we have been able to win swaraj, that is, independence. Therefore, in the fitness of things, these islands should be named "Shaheed and Swaraj Islands".

Hence this Bill.

0. L. SEN GUPTA.

BILL NO. XXXV OF 1970

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

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

lic of India as follows: —

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

Act, 1970.

(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.

2. For section 10 of the Payment of Bonus Act, 1965, the following 21 of 1960.

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 ii for the words "eighty rupees" the words "fifty rupees" were substi- tuted.

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 "Ex gratia". 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 taken 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.

nWT.TKNDRALA'L SEN GUPTA.

BILL NO. XXXI OF 1970

A Bill to provide for the protection of certain constitutional rights of the

Members of Parliament and State Legislatures during preventive

detention.

BE It enacted by Parliament in the Twenty-first year of the Republic

of India BS follows: —

Short title.

1. This Act may be called the Members of Parliament and State Legis- latures (Protection of certain constitutional rights during Preventive Detention) Act, 1970.

2. Notwithstanding anything contained in any law providing for preventive detention, where a Member of Parliament or of the Legislature of a State is detained under any such law, he shall be en- titled to exercise his right to attend and shall have the right to speak In, and otherwise to take part in the proceedings of, a House of Parliament or of the Legislature of a State or any committee thereof, as the case may be.

Right of a Member of Parlia- ment or of the Legislature of a State detained under any law relat- ing to pre- ventive detention.

Duty of Govern- ment.

3. It shall be the duty of the Central Government or the State Gov- ernment, as the case may be, to make all such arrangements as may be necessary to enable a Member of Parliament or of the Legislature of a State, who Is so detained to attend, if he so desires, the Houses of Par- liament or the State Legislature, as the case may be.

STATEMENT OP OBJECTS AND REASONS

The Constitution confers valuable Rights on the Members of Parlia- ment and State Legislatures to be present in the House to participate in its proceedings and to vote on all questions arising therein.

The Preventive Detention laws permit detention of Members of Par- liament and State Legislatures on the subjective satisfaction of the Cen- tral and State Governments.

The Supreme Court in its historic order, passed on the 4th Septem- ber, 1970, protected the Constitutional Rights of a Member of the Rajya Sabha in preventive detention by permitting him to participate in the proceedings of, and vote in, the Rajya Sabha.

It is essential that the Constitutional Rights of Members of-Parlia- ment and State Legislatures referred to above should no longer be allow- ed to remain precarious.

Hence this Bill.

GODEY MURAHAKL

Bnx No. XXX OF 1970

A Bill farther to afnend 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.

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

may, by notification in the Official Gazette, appoint.

Short title and com- mence- ment.

2. In paragraph (a) of the proviso to clause (1) of article 56 of the

Amend- ment of article 56.

Constitution for the words "the Vice-President" the words ''the Chief Justice of India or, in his absence, the seniormost Judge of the Supreme Court of India available" shall be substituted.

3. In the Explanation to article 58 of the Constitution the words "or

Vice-President" shall be omitted.

Amend- ment of article 38.

4. Article 63 of the Constitution shall be omitted.

Omission of article 03.

5. Article 64 of the Constitution shall be omitted.

Omission of article 64,

6. For article 65 of the Constitution, the following article shall be

substituted, namely: —

Substitu- tion of new article for article 65.

Discharge of Presi- dent's functions in certain contin- gencies.

"65. (1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Chief Justice of India or, in his absence, the senior- most Judge of the Supreme Court of India available shall discharge the functions of the President until a new President elected in accord- ance with the provisions of this Chapter to fill such vacancy enters upon his office.

(2) When the President is unable to discharge his functions owing to absence, Illness or any other cause, the Chief Justice of India or, in his absence, the senioxmost Judge of the Supreme Court of India available shall discharge his functions until the date on which the President resumes his duties.

(3) The person discharging the functions of the President under this article shall, during, and in respect of, the period while he is so discharging the said functions, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule."

Omission of article 66. 7. Article 66 of the Constitution shall be omitted.

8. Article 67 of the Constitution shall be omitted.

Omission of article 67.

9. Article 68 of the Constitution shall be omitted.

10. Article 69 of the Constitution shall be omitted.

11. In clauses (1), (2), (3) and (4) of article 71 of the Constitution

the words "or Vice-President" shall be omitted.

Omission of article 68. Omission of arti- cle 69. Amend- ment of article 71.

12. For article 89 of the Constitution, the following article shall be

substituted, namely: —

Substitu- tion of new article for article 89.

"89. The Council of States, shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be."

The Chair- man and Deputy Chairman of the Council of States.

13. For article 90 of the Constitution, the following article shall be

substituted, namely: —

Substitu- tion of new article for article 90.

"90. A Member holding office as Chairman or Deputy Chairman

of the Council of States—

(a) shall vacate his office if he ceases to be a member of the

Council;

(b) may at any time, by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is Deputy Chairman to the Chairman, resign his office; and

Vacation and resigna- tion of, and removal from the offices of Chairman and Deputy Chairman (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.".

14. In clause (1) of article 91 of the Constitution, the words "or during any period when the Vice-President is acting as, or discharging the func- tions of, President," shall be omitted.

15. In article 92 of the Constitution,—

(a) in clause (1) for the word "Vice-President" the word "Chair-

man" shall be substituted; and

(b) for clause (2) the following clause shall be substituted,

namely: —

"(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of the Council of States while any resolution for his removal from office is under con- sideration in the Council and shall notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.",

16. In clause (1) of article 324 of the Constitution, for the words "of elections to the offices of President and Vice-President" the words "of election to the office of President" shall be substituted.

Amend- ment of article 324.

17. In the Second Schedule to the Constitution, for paragraph 4 of Part

A, thp following shall be substituted, namely: —

Amend- ment of the second schedule.

"4. While any person Is discharging the functions of the Presi- dent, or of the Governor, he shall be entitled to the same emoluments, allowances and privileges as the President or the Governor whose functions he discharges, as the case may be."

18. In the Seventh Schedule to the Constitution, in entry 72 of the Union List, for the words "the offices of President and Vice-President" the words "the office of President" shall be substituted.

Amend- ment of entry 72 of Union List.

[969

19. The President (Discharge of Functions) Act, 1969 is hereby re- Bepeal.

pealed.

STATEMENT OF OBJECTS AND REASONS

The makers of the Constitution had envisaged two functions for the Vice-President of India, firstly, under article 65, to act as President In the event of occurrence of any vacancy in the office of President by reason of his death, resignation or removal, or otherwise, or discharge the func- tions of President when the President is unable to discharge his functions owing to absence, illness or any other cause, -and secondly, to preside over the meetings of the Rajya Sabha in his capacity as the ex-oftdo Chairman of the Council of State (Rajya Sabha), vide article 64. Of late it has become imperative that for the smooth functioning of the Rajya Sabha there should be a permanent Chairman whose sole function would be to preside Over the meetings of the Rajya Sabha. By the President (Dis- charge of Functions) Act, 1969, Parliament has provided that In the event of occurrence of vacancies In the offices of both the President and the Vice-President, the Chief Justice of India or, In his absence, the senior- most Judge of the Supreme Court of India available shall discharge the functions of the President until a new President is elected in accordance with the provisions of the Constitution. In view of this legislative measure it is felt that there is no longer any necessity for a separate office of the Vice-President and Instead the Rajya Sabha should have a whole-time Chairman to preside over its deliberations.

By this amending Bill, it is proposed to abolish the office of Vice- President and to make provision for a whole-time Presiding Officer for the Rajya Sabha on the lines of the Speaker of the Lok Sabha.

ARJUN ARORA.

B. N. BANERJEE,

Secretary.

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