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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 51] NEW DELHI, TUESDAY, OCTOBER 19, 1983/ASVINA 27, 1904

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

as a separate compilation

LOK SABHA

The following Bills were introduced in Lok Sabha on the 19th October, 1982: —

BILL NO. 133 OF 1982

A Bill to amend the Payment of Gratuity Act, 1972.

    1.  (1)  This Act  may  be  called  the  Payment  of  Gratuity  (Amendment)     Short
Act,  1982.                                                                         title
                                                                                    and
    (2)  It  shall  come  into  force  on  such  date  as  the  Central  Government com-
may,  by  notification  in  the  Official  Gazette,  appoint.                       mence-
                                                                                    ment.

3&of 1973.

2. In section 2 of the Payment of Gratuity Act, 1972 (hereinafter refer- red to as the principal Act),—

Amend- ment of section 2.

(a) in clause (e),—

(i) for the words "one thousand rupees", wherever they occur, the words "one thousand and six hundred rupees" shall be substituted;

02 of 1957.

(ii) for the portion beginning with the words "but does not include any such person" and ending with the words and figures "or the Navy Act, 1957.", the following ghall be substi- tuted, namely: —

"and whether or not such person is employed in a managerial or administrative capacity, but does not include

(O

any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing-for payment of gratuity.";

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

namely:—

¹ (r) "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employee shall vacate the employment;'.

3. In section 4 of the principal Act,—

Amend- ment of section 4.

(a) in sub-section (1), for the words "nominee or", the words "nominee or, as the case may be, the guardian of such nominee or" shall be substituted;

(b) in sub-section (2), in the second proviso, for the words "an employee employed in a seasonal establishment", the words "an employee who is employed in a seasonal establishment and who is not so employed throughout the year" shall be substituted;

Amend- ment of section 7.

(ii) clauses (b), (c) and (d) shall be re-lettered as clauses (c), (d) and (e) respectively, and before clause (c) as so re-let- tered, th'j following clause shall be inserted, namely:—

"(b) Where there is a dispute with regard to any matter or matters specified in clause (o), the employer or employee or any other person raising the dispute may ro,ake an appli- cation to the controlling authority for deciding the dispute.";

(Hi) for clause (c) as so re-lettered, the following clause shall be substituted, namely —

"(c) The controlling authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount m found to be payable to the employee, the controlling autho- rity shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer.";

(iv) in clause (e) as so re-lettered, in $ub-clause (ii), for the worda "nominee or", the words "nominee or, as the case may be, the guardian of such nominee or" shall be substituted;

(b) in sub-section (7), after the proviso, the following proviso shall be inserted, namely: —

"Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appel- lant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (4), or deposits with the appellate authority such amount.

5. After section 7 of the principal Act, the following sections shall be inserted, namely:—

Insertion of new sections VAand 7B.

Inspectors.

"7A. (7) The appropriate Government may, by notification, appoint as many Inspectors, as it deems fit, for the purposes of this Act.

(2) The appropriate Government may, by general or special order, define the area to which the authority of an Inspector so ap- pointed shall extend a id where two or more Inspectors arc appointed for the same area, al o provide, by such order, for the distribution or allocation of work to be performed by them under this Act.

(3) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code,

46 of 1860.

Powers of Inspec- tors.

7B. (1) Subject to any rules made by the appropriate Govern- ment in this behalf, an Inspector may, for the purpose of ascertaining whether any of the provisions of this Act or the conditions, if any, of any exemption granted thereunder, have been complied with, exercise all or any of the following powers, namely: —

(a) require an employer to furnish such information as he may consider necessary;

(b) enter and inspect, at all reasonable hours, with such assistance (if any), being persons in the service of the Govern- ment or local or any public authority, as he thinks fit, any premises of or place in any factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, for the purpose of examining any register, record or notice or other document required to be kept or exhibited under this Act or the rules made thereunder, or otherwise kept or exhibited in relation to the employment of any person or the payment of gratuity to the employees, and require the production thereof for inspection;

(c) examine with respect to any matter relevant to any of me purposes aforesaid, the employer or any person whom he finds in such premises or place and who, he has reasonable cause to believe, is an employee employed therein;

(d) make copies of, or take extracts from, any register, record, notice or other document, as he may consider relevant, and where he has reason to believe that any offence under this Act has been committed by an employer, search and seize with such assis- tance as he may think fit, such register, record, notice or other document as he may consider relevant in respect of that offence;

(e) exercise such other powers as may be prescribed.

(2) Any person required to produce any register, recorded, notice or other document or to give any information by an Inspector under sub-section (!) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.

45 of I960.

2 of 1974.

(3) The provisions of the Code of Criminal Procedure, 1973 shall so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of that Code.".

Amend- ment of section 13.

fi. In section 13 of the principal Act, after the words "payable under this Act", the words "and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section 5" shall be inserted.

STATEMENT OF OBJECTS AND REASONS

The Payment of Gratuity Act, 1972 provides for payment of gratuity to employees engaged in lacLoii'ics, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters con- nected therewith or incidental theivlo. The working oi' the Aci during the last ten years has brought to light the need for certain amendments. Suggestions in this regard have been received, inter alia,, from the Stale Governments and organizations of employers and workmen. The matter came up for discussion in the Labour Ministers' Conference held in July, 1930 and the Conference has also made cor Lain recommendations.

2, The following are the more important amendments which are pro- posed to be made in the Act: —

(i) The coverage of the Act is proposed to be extended to persons drawing wages up to Us. 1,600 per mensem in view oi the vise m the wage levels on account of increase m the cost of living.

(ii) Persons employed in administrative or managerial capacity on wages not exceeding Rs. 1,600 per mensem are also proposed to be brought within ihe purview oi' the Act us it would be anomalous Lo deny them the benefit of gratuity while allowing the same to work- men drawing similar wages.

(iii) It is proposed to treat the employees of seasonal establish- ments on par with similar employees of non-seasonal establishments and allow gratuity at the rate of 15 days' wages per annum,

(iv) Controlling authorities are being conferred the power to decide a dispute regarding the admissibility of a claim as well as other statutory matters-

(v) Provision is being made for the appointment of Inspectors for the better administration of the Act.

The other amendments proposed in the Bill are of a minor or coast> quential nature.

3. The Bill seeks to give effect to the above proposals.

NEW DELHI; VEERENDRA PATIL.

The 18th September, 1982.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. S-70022|12|80-FPG(pt.) Vol. I, dated the 1st October, 1982 from Shri Dharmavir, Deputy Minister in the Ministry of Labour and Rehabilitation to the Secretary, Lok Sabha.]

The President of India having been informed of the subject matter of the above mentioned Bill, has, in pursuance of clause (3) of article 117 of the Constitution, recommended the consideration of the said Bill by Lok Sabha.

FINANCIAL MEMORANDUM

New section 7A which clause 5 of the Bill seeks to insert in the princi- pal Act provides for the appointment by the appropriate Government of such number of Inspectors as that Government deems fit for the purposes of the Act. As a result of this provision, the Central Govern- ment will have to appoint Inspectors in relation to establishments in respect to which the Central Government is the appropriate Govern- ment. The Inspectors who are req-uired to be appointed by the Central Government would be drawn from the Central Industrial Relations machinery and that machinery will have to be suitably augmented and strengthened for this purpose. At this stage, it is not possible to make an accurate estimate of the recurring and non-recurring expenditure that would be involved, as a result of the provision for appointment of Inspectors. However the expenditure of a recurring nature which will be mainly towards defraying the salaries, etc., is not likely to exceed Rs. 18 lakhs per year and the expenditure of a non-recurring nature which will be mainly for providing furniture, etc., is not likely to exceed Rs. 2 lakhs.

BILL NO. 136 OF 198^

A Bill to authorise payment and appropriation of certain further sume

from and out of the Consolidated Fund of India for the services of

the financial year 1982-83.

BE it enacted by Parliament in the Thirty-third Year of the Republic

of India as follows: —

1. This Act may be called the Appropriation (No. 4) Act, 1982.

Short title.

2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of five hundred and eighty-nine crores, seventy lakhs and thirty thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1982-83, in respect of the services specified in column 2 of the Schedule.

I3"ue of Rs. 989,70, 30,000 out of the Cow- solida- ted Fund of India for th" year 1982-83.

Appro- priation.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

THE SCHEDULE

(See sections 2 and 3)

a

I

3

Srrvict s and purp'iari

Sumi not exceedinff

No. of Vote

Tot^l

Vottcl by Purliammt

Churfiid on ' the Consoli- dated Fund

— 1—

Rs.

R i.

Rs.

i

Agriculture . . . Capital

I7,99,()OJOC() 30,00,00,000 67,99,00,000 3

Fisherie i . . . C .pittil

45,00,00a

45,oo,ooo

3

Animal Husbandry and Dniry

4

70,00,000 Development . . . Capital

70,00,000

3,37,(11 iu Ministry of Civil Supplies . Revenue

in

2,37,°00

Foreign Trade and Export

12

Production , . Capital

40,00,000

40,00,000

Textiles, Handloom and Haiidi-

'3

3,(10,000 craft¹) . . .. Revi nue

a,ou,nu(>

3.1,07,00,0(10

23,R7,00,000

C.ipiral

13,36, (K), OOO

ie,qG,iHi,ooo

Ministry of Communications Capital

14

C a p i t al O u t l ay on Posts a nd

18

4,000

T e l e g r a p hs . , , C a p i t al

4,000

4,05,00,000

4,05,00,000 E d u c a t i on . . .. R e v e n ue

26

1O,(IO,OO,( ("0

10,00,00,000 Department of Pciwtr . Revenue

3°

3.000

3,000

Capital

5,00,00,000

Ministry of External Affairs . Revenue

5,00,00,000

8,000 Currency, Coinage and Mint Revenue

8,000

38

3,40,000

3,40,000

Capital

Transfers to State Govern-

75,00,00,000

75,00,00,000 ments . . .. Revenue

Other Expenditure of the

43

1,000 Ministry of Finance . . Revenue

1,000

I 73,50,00,000

Capital

Loans to Government Servants

43

7, 00,00,000

7,00,00,000 etc. . . .. Capital

Andaman and Nicobar Islands Revenue

9.36.H4)°°o

0.36)34,10°° 55

10,00,00,000

10,00,00,000 Industries . . .. Revenue

39

3,000

Information and Publicity . Revenue

1 3,000 6a

j

3,09,04,000

2,09,04/ to

Broadcasting . . . Revenue

"3Capital 3,000 3,000 5,00,00,000 5,00,00,000 Ministry of Irrigation . Revenue 64 Ministry of Petroleum, Chemi- 69 13,00,000 13,00,000 cals and Fertilizers . Revenue

I

a

3

Sums not exceeding

No. of Vote

Services and purposes

Voted by Parliament

Total

Charged on the Consoli- dated Fund

R j.

R".

Rs.

Chemirals and Fertilizers

71

Industries . . , Revenue 20o,oo,oo,qoo

3Q0,O0,00,00O

•'

Capital

3,000

a,ooo

Ports, Lighthouses "nd Ship-

7H

..

1,69,72,000

ping . . .. Revenue

1,69,73,000

Road and Inland Water

79

Transport . . . Revenue

18,00,000

18,00,000

2 7,00,00,000

Capital

37,00,00,000

80

7,00,04,000

Ministry of Sudal Welfare . Revenue

..

7,00,04,000

8,00,00,000

Department of Mines . . CapltaJ

8a

8,00,00,000

I,QO,OO,000

1,00,00,000 Public Works . . . Capital

..

91

28,00,00,000

Water Supply and Sowerage . Revenue

28,00,00,000 93

10,83,01,000

Department of Electronic* . Capita)

98

10,85,01,000

14,000

11)3

34,000 Survey of India . . . Revenue

••

53B.49.a 1,000

TOTAL .

St,2i,o9,ooo

589.70,30,000

STATEMENT OF OBJECTS AND REASONS

This Bill is introduced in pursuance of article 114(1) of the Consti- tution of India, read with article 115 thereof, to provide for the appro- priation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government, excluding Railways, for the financial year 1982-83.

PRANAB MUKHERJEE.

RECOMMENDATION OF THE VICE-PRESIDENT DISCHARGING THE FUNCTIONS OF THE PRESIDENT UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. F.4(65)-B(SE)/82, dated the 15th October, 1982 from Shri Pranab Kumar Mukherjee, Minister of Finance to the Secretary, Lok Sabha.]

The Vice-President discharging the functions of the President, having been Informed of the subject matter of proposed Bill to authorise pay- ment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year ending on the 31st day of March, 1983, recommends the introduction of the Appro- priation (No. 4) Bill, 1&82 in Lok Sabha and also recommends to Lok Sabha the consideration of the Bill under artcle 117(1) and (3) of the Constitution read with article 115(2) thereof.

2. The Bill will be introduced in Lok Sabha after all the Supplemen-

tary Demands for Grants for 1982-83 have been voted.

AVTAR SINGH RIKHY,

Secretary.

JOINTED BY THE GENERAL MANAOER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, WtiW DILHt AND PUBLISHED BY THB CONTROLLER OF PUBLICATIONS, DELHI, 1982