PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 1, 2020

(ASVN 9, 1942 SAKA)

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, THURSDAY, OCTOBER 1, 2020

(ASVINA 9, 1942 SAKA)

( lxxxii )

LEGISLATIVE SUPPLEMENT

Contents

Pages

Part - I

Acts

1. The Contract Labour (Regulation and

Abolition) (Punjab Amendment) Act, 2020.

(Punjab Act No. 13 of 2020)

2. The Industrial Disputes (Punjab Amendment)

Act, 2020.

(Punjab Act No. 14 of 2020)

Part - II

Ordinances

Nil

Part - III

Delegated Legislation

Nil

Part - IV

Correction Slips, Republications and

Replacements

Nil

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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 1, 2020

(ASVN 9, 1942 SAKA)

PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 1st October, 2020

No.16-Leg./2020.- The following Act of the Legislature of the State of

Punjab received the assent of the Governor of Punjab on the 22nd day of

September, 2020, is hereby published for general information:-

THE CONTRACT LABOUR (REGULATION AND ABOLITION)

(PUNJAB AMENDMENT) ACT, 2020

(Punjab Act No. 13 of 2020)

ACT

further to amend the Contract Labour (Regulation and Abolition) Act,

1970, in its application to the State of Punjab.

BE it enacted by the Legislature of the State of Punjab in the Seventy-

first Year of the Republic of India as follows:-

(1)

This Act may be called the Contract Labour (Regulation and

Abolition) (Punjab Amendment) Act, 2020.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

In the Contract Labour (Regulation and Abolition) Act, 1970, in its

application to the State of Punjab, in section 1, in sub-section (4), in clauses (a),

(b) and the proviso thereunder, for the word "twenty", the word "fifty" shall be

substituted.

(1)

The Contract Labour (Regulation and Abolition) (Punjab

Amendment) Ordinance, 2020, published in the Punjab Government Gazette

(Extraordinary) dated the 11th August, 2020, is hereby repealed.

(2)

Notwithstanding such repeal, anything done or any action taken

under the principal Act, as amended by the Ordinance referred to in

Short title and

commencement.

Amendment of

section 1 of

Central Act 37

of 1970.

Repeal and

saving.

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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 1, 2020

(ASVN 9, 1942 SAKA)

PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 1st October, 2020

No.17-Leg./2020.- The following Act of the Legislature of the State of

Punjab received the assent of the Governor of Punjab on the 23rd day of

September, 2020, is hereby published for general information:-

THE INDUSTRIAL DISPUTES (PUNJAB AMENDMENT)

ACT, 2020

(Punjab Act No. 14 of 2020)

ACT

further to amend the Industrial Disputes Act, 1947, in its application

to the State of Punjab.

BE it enacted by the Legislature of the State of Punjab in the

Seventy-first Year of the Republic of India as follows:-

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

Act, 2020.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

In the Industrial Disputes Act, 1947 (hereinafter referred to as the

principal Act), in its application to the State of Punjab, in section 2A, after sub-

section (3), the following sub-section (4) shall be added, namely:-

“(4) Notwithstanding anything contained in sub-sections (1), (2)

and (3), no such dispute or difference between that workman and his

employer connected with, or arising out of, such discharge, dismissal,

retrenchment or termination shall be deemed to be an industrial dispute if

such dispute is not raised in conciliation proceeding within a period of

three years from the date of such discharge, dismissal, retrenchment or

termination:

Short title and

commencement.

Amendment of

section 2A of

Central Act 14 of

1947.

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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 1, 2020

(ASVN 9, 1942 SAKA)

Provided that an authority, as may be specified by the State

Government, may consider to extend the said period of three years when

the applicant workman satisfies the authority that he had sufficient cause

for not raising the dispute within the period of three years.”.

In the principal Act, for section 25K, the following section shall be

substituted, namely:-

"25K.

(1) The provisions of this Chapter shall apply to an

industrial establishment (not being an establishment of

a seasonal character or in which work is performed only

intermittently) in which not less than three hundred workmen were

employed on an average per working day for the preceding twelve months.

(2) Without prejudice to the provisions of sub-section (1), the State

Government may, if satisfied that maintenance of industrial peace or

prevention of victimization of workmen so requires, by notification in the

Official Gazette apply the provisions of this Chapter to an industrial

establishment (not being an establishment of a seasonal character or in

which work is performed only intermittently), in which less than three

hundred workmen but not less than one hundred workmen, as may be

specified in the notification, were employed on an average per working

day for the preceding twelve months.

(3) If a question arises whether an industrial establishment is of a

seasonal character or whether work is performed therein only

intermittently, the decision of the appropriate Government thereon shall

be final.”.

In the principal Act, in section 25 N,-

"(i)

in sub-section (1), in clause (a), the signs and words ", or the

workman has been paid in lieu of such notice, wages for the

period of the notice” shall be omitted; and

(ii)

in sub-section (9), after the words “six months”, the following

words shall be added, namely:-

"and an amount equivalent to his three months average

pay”.

Substitution of

section 25K of

Central Act 14 of

1947.

Amendment of

section 25N of

Central Act 14 of

1947.

Application of

Chapter VB.

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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 1, 2020

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In the principal Act, in section 25-O, in sub-section (8), after the

words “six months”, the following words shall be added, namely:-

"and an amount equivalent to his three months average pay”.

In the principal Act, in Fifth Schedule, in part II, after paragraph 5,

the following Explanation shall be added, namely:-

“Explanation.- For the purpose of this paragraph, ‘go slow’ means

any such activity by any number of persons, employed in any

industry, acting in combination or with common understanding,

to slow down or to delay the process of production or work

purposely whether called by work to rule or by any other

name, so as the fixed or average or normal level of production

or work or output of workman or workmen of the

establishment is not achieved:

Provided that all necessary ingredients or inputs for

standard quality production or work are made available in time

and in sufficient quantity.”.

(1)

The Industrial Disputes (Punjab Amendment) Ordinance, 2020,

published in the Punjab Government Gazette (Extraordinary) dated the

11th August, 2020, is hereby repealed.

(2)

Notwithstanding such repeal, anything done or any action taken

under the principal Act, as amended by the Ordinance referred to in

sub-section (1), shall be deemed to have been done or taken under the principal

Act, as amended by this Act.

S.K. AGGARWAL,

Secretary to Government of Punjab,

Department of Legal and Legislative Affairs.

Repeal and

saving.

Amendment of

section 25-O of

Central Act 14 of

1947.

Amendment of

Fifth Schedule of

Central Act 14 of

1947.

2117/9-2020/Pb. Govt. Press, S.A.S. Nagar

121