 bill, 1969 (to be/as intrqduced in lok sabha)1 in the titlep~ f'":t' "g8!"2raj" read "central" --~ 2 page 2, line 15,-for "sha 1" read "sha 11" --3 page 3, line 33, -for "section 126;" read "section 21a" --4 page 11, line 8,-for "employees'" read "employers' " -5 page 11, line 15, -i2!: it ext ract " read "ext ract s "  -6 page 13, line 18,-for "extracts" ~ "extract" -new delhi; auaust 1~ 196~  • ~ bill no 71 , 1_ the general labour laws (extension to jammu and kashmir) bill (969 a billto provide for the extension of certain central labour laws to the state of jammu and kashmir be it enacted by parliament in the twentieth year of the republic of india as foilows:-1 (1) this act may be called the central labour laws (extension to jammu and kashmir) act, 1969 short title and com mejlce ment (2) it shall come into force on such date as the central government - may, by notification in the official gazette, appoint 2 (1) the acts mentioned in the schedule aad all rujea, orclers, rep lations and sehemes made thereunder by the central goverament are bereby extended to, and shall be in force in, the state of jammu and 10 kuhmir extealion add amendmentor certain labour laws (2) with -eet from the conuneacement of this act the ada m_· tioned in the schedule shad be amended as sperifted thereln 3 any reference in any act mentioned in the schedule to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state codltruc tionof references to law not in force in jammu and kashmir 4 any reference by whatever form of wordb ht any law for the time s being in force in the state of jammu and kashmir to any authority competent at the date of the passing qf that law to exercise an, powers or discharge any functions in that state shall, where a corresponding new authority has been const:tuted by or under any law now extended to that state, have effect as if it were a reterence to the new authority 10 construction of referedces toauthoritie8 wbere ne  authoritieaban ~co­iltituted repeals and  vin  5 if immediately be£orc the comman~m~nt of this act there is in force in the state of jammu and kashmir any law corresponding to any act now extended to that state, that law shall, save as otherwise ex· pressly provided in this act, stand repealed on such commencement: provided that the repeal sha1 not atfect-is (4) the previous operation of any law so repealed or anythinl duly done or suffered ths"eunder, (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, (e) any penalty, forfeiture or punishment incurred in respect 20 of any oftence committed against any law so repealed, or (d) any investigation, legal proceeding or remedy in respect of oy such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proc:eeding or remedy may be instituted, 2s continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed: provided further that, subject to tile preceding provi~, anything done or any action taken (including any appointment or delegation made, notification, instruction or direction istiued, form, bye-law or scheme 30 framed, certificate obtained, permit or licence granted or registration e1fectcd) under any such law shall be deemed to have been done or taken wlder u,e c:jrresponding provisions of the act now extended to that state, and shall continue to be in force accordingly unless and until superseded by anything done or aay action taken under the said act 35 power to remove cwilculties 8 (1) if any dillculty arises in giving effect to the provisions of ally act now extended to the state of jammu and kashmir, the central government may, as occasion may require, by order qiltifted in the official gazette, make such provisions or give such directions, not inconsi'stent with the provisions of such act, as appear to it necess8py for the 40 nmoval of the di!ftculty: provided tbat 00 such order shall be made under this section after the ~xptration of two years from the date on which this act comes into forn ,e;; (2) in particular, and without \li'ejudice to the generality of the toregoing pgwer, any such notified ore&' msy-(4) specify the corl'elponding authorities within the meaniq of section 4, 5 (b) proviae for the transfer ef any matter pending immediately 'before the commencement of this act before any court, tribunal or ether authority, to any corresponding court, tribunal of oth6r authority for disposal, 10 (c) specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything dooe or an;, ac:tion taken (including any of the matters specified in the secona proviso to section a) under afty law repealed by that section shall be recognised or give aftec:t to under the corresponding provision of the act now extentled  the schedule (sff seetion 2) acts the workmen's compensation act, 1923 (8 of 1923)20 section 1-ln sub-sectio's (2), omit "except the state of jammu end kashmir" section 3-ia sub-retion ('i), omit "within the state or the territories to which this act extends, as the case may be,"  the tradb unions act ]92625 (16 f)f 1926) section i-in sub-section (2), omit "except the state of jammu anci kashmir" section l6-after sub-section (2), insert-"(2a) in its application to the state of jammu and kashmir, 30 references in sub-section (2) to any legi~lative body constltuted under the consatuti<m shall be construed as including refeiledces to the legislature of that state" section l2a: -after sub-section (2), insert-"(3) in its application to the state of jammu and kashmir, 35 reference in sub-section (2) to the commencement of the indian trade unions (amendment) act, 19m, shall be construed as reference to the commencement of this act in the said state" the children (pledging of labour) act" 1933 (2 of 1933) 40 section i-in sub-section (2), omit "except the state of jammu and kashmir"  the payment of wages act, 1936 (4 of 1986) section 1-in sub-section (2), omit "except the state of jammu and 45 kashmir" tile employers' liability act, 1938(34 0' 1938) sttrion i-in sub-section (2), omit "except the state of jammu and kashmir"  tile employment of children act, 1938 (26 of 1938)section i-in sub-section (2), omit "except the state of jammu and kaahmir"  section 3b-re~number section 3b as sub-section (1) of that section s and after sub-section (1) as so re-numbered, insert-"(2) in its application to the state of jammu and kashmir, reference to the 1st day of october, 1939, shall be conltrued as refer· ence to the commencement of this act in the said state"; 10 the weekly holidays act, 1942 (18 of 1942) section i-in sub-section (2), omit "except the state of jammu and kaslunir"  the industrial employment (standing orders) act, 1946 (20 of 1948) ) 5 section i-in sub-section (2), omit "except the state of jammu and kashmir"  the industrial disputes act, 1947 (14 of 1947)seetion i-in sub-section (2), omit the proviso the coal mines labour welfare fund act, 1947 (32 of 1947) section i-in sub-section (2), omit "except the state of jammu and kashmir" 2s  the mlnimum wages act, 1948 (11 of 1948)section i-in sub-section (2), omit "except the state of jammu and kashmir"  the employees' state insurance act, 1948 (34 of 1948)30 section i-in sub-section (2), omit "except the state of jammu and kashmir"  the coal mines provident fund and bonus schemes act, 1948 (46 of 1948)section 1-ln sub-section (2), omit "except the state of jammu and 35 kashmir" tite factories ajet, 1948 (63 of 1948) section 1-in sub-section (2), omit "except the state of jammu and kashmir" the working journalists (conditions of service) and misce1laneous provisions act, 1955 (45 of 1955) section i-in sub-election (2), omit "except the state of jammu and kashmir",  the employment exchanges (compulsory nonncanon of' vacabcus) act, 1959(31 of 1959) section ] ,-in sub-section (2), omit "except the state of jammu and s kashmir",  the mo'l'or transport workers act, 1961 (27 of 1961)section 1-(a) in sub-section (2), omit "except the state of jammu and kashmir" 10 (b) to sub-section (3), add-"provided that it shall come into force in the state of jammu and kashmir on the commencement of the central labour laws (e"tension to jammu and kashmir) act, 1969,",  the maternity benefit act, 1961 (53 of 1961)15 section 1-1n sub-section (2), omit "except the state of jammu and kashmir"  the payment of bonus act, 1965 (21 of 1965)20 section 1-(a) in sub-section (2), omit "except the state of jammu and kashmir" ( b) to sub-section (4) add-"provided that in relation to the state of jammu and kashmir, the reference to the accounting year commencing on any day in the year 1964 and every subsequent accounting year shall be construed as reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year"  statement of objects and reasonsin order to secure uniform application of the various labour laws to the whole of india, it has been decided, with the concurrence of the government of jammu and kashmir, to extend certain labour jaws to that state hence the bill new delhi; the 18th may 1869 jaisukhlal hathi clause 2 of the bill seeks to extend to the state of jammu and kashmir the 19 central labout' acts mentioned in the schedule to the bill the extension of some of these acts to that state will involve expenditure from the consolidated futld of india to the extent the central government is responsible for the administration of these acts in the industrial establishments falling under· the central sphere fot example, the chief labour commissioner (central) is responsible for the enforcement of the provisions of-1 the trade unions act, 1926 2 the payment of wages act, 1936 3 the employment of children act, 1938 4 the industrial employment (standing orders) act, 1946 5 the industrial disputes act, 1947 6 the minimum wages act, 1948 7 the coal mines provident fund and bonus schemes act, 1948 (in so far as coal mines &nus schemes are concerned) 8 the payment of bonus act, 1965 sinularly the coal mines welfare commissioner is respo~ble for the administration of the co!l mines labour welfare fund act, 1947 the organisation of the coal mines provident fund administers the provident fund of employees in coal mines and ancillary industries under the provisions of the coal mines provident fund and bonus schemes act, 1948, in so far as it relates to coal mines provident fund schemes the maternity benefits act, 1961, is administered by the coal mines welfare commissioner in the coal mines and by the chief inspector of mines in the other mines rs 15,000 rs 7,800 rb 20,000 rs 7,200 2 to the extent possible, the existing machinery of the central government for the enforcement of the various labour laws, where the responsibility for their administration vests in the central government, will be utilised it will, however, be necessary to strengthen the organisation of the chief labour commissioner (central) and to set up in the state of jammu and kashmir an office of the assistant labour commissioner (central) and an office of labour enforcement officer (central) with some staff this will involve creation of a few additional j)osts in-,voiving, on an average, an annual recurring expenditure of about rs 50,000 as per details given below:-pay of establishment allowances and honoraria contingencies the expenditure likely to be incurred during the ctirrent linagcial yelli; will roughly be rs 10,000 the position regarding the actual staff requirements however will be known only after a clear picture emerges regarding the work load involved 3 in the case of the otht'!r organisations of the central government, separate whole-time staff may not be required for some time, but the oft\cers of the enforcement machinery will have to visit the industrial establishments with which the central government is concerned three or four times a year and on this account, a< recurring expenditure of rs 5,000 per annum on travelling allowances of officers is expected to be incurred the expenditure durinb the current financial 'year is not expected to exceed rs 1,000 4 the extension of the acts to the aforesaid state of jammu and kashmir will, thus, involve the central government in an approximate recurring expenditure of rs 55,000 per annum in so far as the current financial year is concerned, a sum of roughly rs 11,000 will be required  iiemorandum regarding delegated legislationclause 6 of the bill empowers the central government to provide by order notified in the oftlcial gazette for the removal of difficulties that may arise in giving effect to its provisions the bill seeks to extend various acts to the stalte of jammu and kashmir and it is the normal practice to insert in bills, extending enactments to territories, a provision for the removal of difficulties which may arise in the course of transition from the old to the new state of affairs clause 6(2) of the bill indicates the principal maltters in respect of which orders j1lay be lisued the delegation of legislative power, in the circumstances, is of iiormal character (8 of 1923) - - - - - - cflapter i przt,lminally shert title, extejlt and eom-menee-jilent employer's liability for compensation - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and xashmjr - - - - - - chapl'er ii workmen's compensation 3 - - - - - - (3) the state government in the case of employments specifted in part a and part b of schedule iii, and the central government in the case of employments specified in part c of that schedule, after giving, by notification in the ofticial gazette, not less than three months' notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in schedule iii, and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply within the state or the territories to which this act extends, as the case may be, as if such diseases had been declared by this act to be occupational diseases peculiar to those employments ~ ,-- - -  - • - • extract from the trade unions act, 1926 (16 of 1926) - • - chapter i pulimlnaity •1 (i) - - - - - (2) it extends to the whole af india except the state of jammu and kashmir - - - - - - short title, extent and commence met extract nom the children (pledging of labour) act, 1933 (2 of 1933) - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - -  short title, exteat and com  menel meat 10 - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and ka~  - - - - - - short title, extent, cemmencamentand application  extract from the ~~ploy'~' liability act, 1~8(24 of 1938) - - - - - - short title add extent 1 (1) - - - - - - (2) it extends to the whole of india except the state of j~~\l ~d kashmir - - - - - -  extract from the employment of childrbn act, 1938(26 of 1938) - - - - - - 1 (1) - - - - - - short title an extent (2) it extends to the whole of india except the state of jammu and kashmir - - - - - 3b before work in any of the processes set forth in the schedule is carried on in any workshop after the 1st day of october, 1939, tli~~ occ6-pier shall send to the inspector, within whose local limits the workshop is situated, a wr~tennptice cqntainpls-(a) the name and situation of tqe workshop, notice to inspector before clu'l')'inl on work in certain procelles (b) the name of the person in actual management of ~ work-~, (c) the address to which communications relatini to the workshop should be, sent, and (d)  the nature of the processes to be carried on in the wprkshop - - - - - -  ex'l'ract from the weekly holidays act, 1942 , "'-:,"nr                   (18~1' 1~) -           -                     -                                -                                          -                                                    - 1 (1) -                          -                                        -                                                       -                                                                    -                                                                                  - short title, extent andcojll-       :; ment;     (2) it extends to the whole of india except the state of, jammu and kashmir               -                            -                                         -                                                      -                                                                   -                                                                                - extract from the industrial emplo'yliont (s'rajn>ino 0-) aj:r, 194:&                             (20 or 1946)                                                                                                                                                                                                                  - short title, extent andappli-cation -     1 (1)                                  -                                                -                                                               -                                                                              -                                                                                              -      (2) it extends to the whole of india except the state of jauunu and kashmir                 -                                -                                                -                                                               -                                                                              -  - extract from the industrial disputi's act, 1804"1                   (14 of 1947)           - -           chapter i1 (1)    preliminary - - - - (2) it extends to the whole of india: short title, extent and commencement provided that it shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to btduatrial disputes concerning workmen employed under the government of india  - - - - - short title, extent and commence-ex'11lact from me coal mines labour wklfaae fund act, 1i47 (32 of 1947) - - - - - - 1 (1)   -  - - (2) it extends to the whole of india except the state of jammu and kashmir - - -   - men~ 1 (1)   extract from 'l'he minimum w agi:s act, 1mb (11 or 1948) - • - •short title and extent - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - -  extract from the empioyas' stat'lil instlaancii acr, ims (34 or 1948) - •- - 1 (1) - - - - chapter i prw imjlfa8y - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - short title, extent, commencement andappu-catton short title and extent 1948 (46 01' 1948) - - - - - - 1 (1)  - - - - - (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - extract from the factories act 1948 (63 01' 1948) - -  - - - chapter i  preliminary1 (i) - - - - - - (2) it exwnds to the whole of india except the state of jammu and kashmir -~  - - - - - - silert title, extent and com mencement extracts from the working journalists (conditions 01' suvice) and miscellaneous provisions ar:r 1955 (45 or 1955) - - - - - - chapter i  preliminaryshort title-nd extent 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kashmir • ~_c  l - - - - - - extrar:r from the employment exchanges (compulsory notification 01' v acanci&9) act 1959 (31 01' 1959) - - - - - - 1 (1) - - - - - - (2) it extends to the whole of india except the state of jammu and kaahmir - - - - - - short title, extent and com menoe ment extract from the motor transport wojldr8 act 1961 (27 of 1961) - - - - - - chapter i  prbliminaiiy1 (1) - - - - - (i) it extends to the whole of india except the state of jammu and kubm1r short title, extent, commence mentand appu-catton, (3) it ~ come into force on such date, not being later than the31al day of march, 1962, as the central government may, by notification in the officikl gazette, appoint ai¥l ~ez;eijt dates may be appointed for different states - - - - - - 1 (1)  e4~'l'jk\c!l' fl\o~,~ ~~ty b~,                                                                    ~t :~1                                (53 of 1961) -                 -                                  -                                                   -                                                                    - -                 -                                  -                                                   -                                                                    -                                                    -                                                    -   (2) it extends to the whole ,qf i!l~ wept the state of jammu and kaahmir -         -                 -                         -                                 - - short titl, extent and com mence· mento 1 (1) ex'lltacts from thepa~of bonus act, 1965                        (21 of 1965) ,             -                         -                                     -                                                 - -             -                         -                                     -                                                  - ~rt title, extent andappli cation                                                  -                                                  -   (2) it extends to the whole of india except the state of j ammu and ~~          -                  -                          -                                  -                                          -                                                  -    (4) save as otherwise provi~ed in this act, the provisions of this act shall, in relation toa factory mother establishmgllt to which this act applies, have effect in respect of the accounting year commencing on any day in the year 1964 and in respect of every subsequent accol1nting year -                          -                                                   -                                                                            ai                                                                                                      -                                                                                                                                - a bnl to provide for the extension of certain central labour laws to the state of jammu and kashmir (shri jai sulch lal hathl, minister of labour and rehabilitation) 