the hospitals and educii:j'ional institutions (conditions of service of employees and settlement of' employment disputes) bill, 1978 i-to be/as introduced jp lok sabhaj 1 page 3, line 38,-!qr "comm ttee" dta!i "committee" 2 page 8, in the marginal heading to clause 16,-for "settlement" ~ "settlements" 3 page 8, line 27,-fql: "board or" ~ "b::>ard of" 4 page 10, line 3,-m "employees""nn:d "employees'" 5 page 10, line 17,-!qi "arbi trators of" ~ "arbitrators or" 6 page 10, line 48,-for "accordingy" ~ "accordingly" 7 page 13, line 4,-!qr "(1)" ~ "(1)" 8 page 14, line 7 from bottom,-fqr "individuals" ~ "individual" 9 page 14, line 2 from bottom,-1qr "rs1600" ~ "rs 1000" 1 o page 17, line 25',-f9r "grievence" ~ "grievance" new delhi; augu s t 29 1 9ll?a5----" bhadra ~r 190~( saka)  the hospitals and educational institutions (condi': 110ns of service of employees and settlemen1' of employment disputes)' bill, 1978 arrangement of clauses chaprer i preliminary claus1'81 short title, extent, commencement and application 2 definitions  chapter ii authorities under the act~ grievance settlement committee 4 consultative council and local consultative council 5 term of office of members of grievance settlement committee, t!tc 6 right of recognised association of employees to nominate mem· hers of grievance settlement committee, etc representing employees 7 allowances payable to a member of grievance settlement com· mittee, etc, being employees' representative 8 roster of arbitrators  chapter iii condmons of service and se'l"l'lzment of dlsputis9 employer to make regulations in regard to certain matters 10 model regulations 11 settlement of individual employment disputes 12 settlement of employment disputes 13 remuneration payable to arbitrator 14 act 10 of 1940 not to apply to arbitration under this act 15 power to summon witnesses, etc 18 enforceability of awards and settlements 17 persons on whom awards are binding 18 prohibition of strike and lock-out  chapter iv penalties and procedure19 penalties 20 cognizance of offences 21 offences by companies bsinsqmo!) 'id 119'lns'fto n: 29'lnsfin to 9~asi~o~ 0£ dttian~q ql - ,tuo"x:x>l bni:> 911h,ta in noi!idid()~ 81 2:tnsm')w"lp  bnn p,bl&ws 10 '(jiild'm~)101n8 bl l;inibnid 916 hb'wwtl morlw no enoa19q \'i '):19 ,p9??9ntiw nomm1lb oj 19woq at j'la eith 19hnu noiffnjid'h1 oj '{jqqs 0,' jon ol>ei to {ii ha h lofh1tid16 oj 9ldsvsq noits1:,num9h &1 t::'ltllqdb jil'jlfi"(,lllqrll'l iii in9n1,}hh2 ~i 2sjuq2ib jn')m,!olqm~ ir:ubivihrti lo ,tnsm!l{u92 if anoijsiull9'1 isbom 01 219usm nish!)!) oj b1r~'j·1 ni 2nojjgijj~~'1 !}jinm oj 19'!olqm:! e  iii h:!i'l'<jahj210jc1fid1r 1o 19ieofl 8 -cno~ ln~m')ui'l2 <j'hlin'i;' d '10 'j,)dm')f(j (i nj ~)ldl;'(i;q c!')')nswoll a ' i 9vih:jn·jwnq'yl ·a·)')'(olqfll!l gni9d ,!)j') ,99him ~nitn9291q91  ,h ,~9hicnmo~) lc1~m~,ljb2 !):)n(;v~h;) ,10 ;>,19c1 299,(olqm9 -m9m 9jsnimon oj 2'j'j'{olqm'j 10 (joitri:)()c!(':r b9pinno!)'j1 10 trl~ijl ,8 !)t~ ibnuo:) ,)vjjcj(u2no~ 1&:>01 bnn iboun') 9vjje,f1u2no~ f> ,99jfimmoj tn9m9ut,ja !},>ol:v9j'jd }o c!1'jdcw){f1 10 ~y)m() 10 on9t c 99jjimmo~ tn9m~jih9a 9!)nav9i1v £ t')a sht r31a~u 2!itirohtua ii h:it<iah~ 25 effect of c~t~~ef ~~~sm~ this act 26 delegation of powers ---27 act not t9 apply to ~efl!mlt~]jshments 28 p, ower to make rul~l q j' ila hi mli!ir schedule i schedule ii -  noits:l'ilqq£ bnn tnsm9!)n9mmo!) ,jn~x9 ,9uij t1od2 1 anouinll90 s: es~;'1i~~t'-1tuqcna t~myojqm!!i '10 24 protection of action taken under the act ltl y~:~;j~~~~bmj~~l ~:~~&~~k,!~~~:g~ ~id 8~~~p~ it  11m --"2r'1irt)'o'ety of money due fro~~dgljlo~a p  the jiospitals and educational institutions (condi- tions of service of employees and settlement of employment disputes) bill, 1978a bill to consolidate and amend the law reutting to the i~ondttiotis fif'nee of empldyecd employed in hospitals and educational institutions with ci mew to securing the welfare of such employees, and fur 'the investigation and settlement of disputes between such employees and thei8- employers, and tot m,atters connected thelre~h or indidentall thereto li it enacted by parliament in the twenty-ninth year ofthe republic of indi" as follows:- chapter i preliminarys i: (j) this act may be called tm hospitals and educational institutions :(conditions of service of employees 8!ld settlement of employment disputes) act" 1978  short title, extent, commencementand application (2) it extends to the whole of india (3)· it shall come into force on such date as the central government 10 may, by notification in the official gazette, appoint (4) it shall apply ton i «(i) eyery hospital; and (b) every educational institution, in which twenty' or more' persons are employed or were employed on is any day of the preceding twelve months: provided that the appropriate government may, after giving)j;lot less than two months' notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any' hospital or edu· cational institution employing such number of persons less than twenty as may be specified in the notification a in this act, unless the context otherwise requires,-5 (1) "appropriate government" means,-(a) in relation to any establishment under the control o~ the central government or a railway administration, or having branches or units or offices in more than one state, the central government; and (b) in relation to any other establishment, the state gov- 10 ernment; (2) "educational institution" includes-(a) any university; (b) any college, whether or not affiliated to a university; (c) any school, whether or not recognised or aided by gov- 15 ernment; (d) any scientific institution;  (e) any institution in which research in respect of any matter is carried on; (f) any other institution in which the activity of imparting 10 knowledge or training is systematically carried on; (3) "employee" means any person (including an apprentice) employed in any establishment for hire or reward whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to any employment dispute 2s relating to the termination ofemployroent (whether by war, of, punishment or otherwise) of an employee, includes anv persnn whose employment has been so terminated, but does not include any liuch person-(4) who is subject to the air force act, 1950, the army 30 :::~ !::: act, 1950, or the navy act, 1957; or 62 of 1967 50 of 1968 (b) who is employed in the police service or is an offteer or other employee of a prison, or is an officer or a member of the railway protection force coilstituted under section 3 of the railway protection force act, 1957, or the border security force 3s 23 of 1957 constituted under section 4 of the border security force act, 47 of 1968 1988; or the central industrial security force constituted, tinder section 3 of the central industrial 'security force act; 1918; 011 (c) who is employed mainly in a' managerial or administrative capacity; or 40 (d) -who draws wages exceeding one thousand rupees per mensem: (4) "employer" means,-(a) in relation to an establishment under the control 'of any department of the central govel'dulent ora staflegowtbment, 45 the authority prescribed in tilis beba1t '~"';"-~!m;<u~w '; is prescribed, the head gfi ~ ~t;: ' ' , '"  (b) in relation to an establishment under the control of a local authority, the chief ex~utlve officer of that authority; (5)' "emplpytnedt dispute" means any displlte or difterellce between any employee and his employer in respect of any matter, referred to in schedule i and includes any dispute or difference between any employee and his employer in respect of any matter s prowged for in any regulation made under section 9 or section 10, as the case may be or the interpretation of any such regulation; (6) "establishment" means any hospital or educational institution'to which this act applies; (7) "hospital" includes a nursing home, a dispensary or other fa institution for the treatment or for the reception and treatment of persons requiring medical attention or rehabilitation; (8) "individual employment dispute" means any dispute or, diffsenc8, between any employee and his employer in respect of any, matter referred to in schedule ii; is (9) "prescribed" means prescribed by rules made under this act; (10) "regulations" means regulations made under this act; (11) "rules" means rules made under this act; zo 3 of 1956 (12) "university" means a university as defined in clause (i) ofi section 20f the university 'grants commission act, 19m, and includes-3 of 1956 (a) apy institution of ,higher education, other than a university d~lared by the central government, under section 3 of the university grants commission act, 1956, as an institution deemed to be a university for the purposes of that act; and (b) any other institution which under any central, act or state act is empowered to hold examinations and grant degrees, , diplomas or cei"tificates; 30 '(1"') all other words and expressions used but not defined in tilis act and defined in the industrial relations act, 1978 shall have the menings rospectiively' assigned to them in that act:  chapter ii a uthorities under the actgrieva~ settlementcommittee 3 (1) every employer, in relation to any establishment shall within· 35 a period ot six months, from the date on which this a{!t becemes applicable to such establishment, establish a committee to be ca1ied the grievance settlement committee for such establishment (2) the grievance settlementclomm'ttee shall consist of not less than four and not mpre than eight members representing both the 40 emp!oyef and the,employees: provided that the number of members representing the employees shau bee,q\1al to the number m membecs representing the employer   (3) th«t members of the grievance settlement ctfmmittee representing-the employer shan be nominate"d by the employer and the members 45 of the grievance settlement committee representing the employees shall, subject to the provisions of section 6, be chosen by the employees in such manner as may be prescribed (4) ore of' the' members' ~f the' grievece :settlement cdrllmittee representing the employet shall be nominated 'by the emj)loyet" 'lls the cbairmati '!thereof; ", ' , : i ; ,(5) ,subject to the regulations, the grievance settlement committee shall have power to regulate its own procedure 5 4 (1) every employer in relation to any estabhshment,shal~, within a period of six months from the date on which this act becomes applicable to such establishment"establish a council to be called the consultative council for such establishment consultative council and local consultative council (2) notwithstanding anything contained in sub-8e(:tion (1), where a [0 person is the employer in relation to two or more establishments, whereinactivities of the same nature are carried on a consultative council may be established for all such establishments (3) where--, (a) an employer establishes a consultative council for two or is more establishmellts 'under sub-section (2); or \ ' (b) an establishment has branches, units or offices situated in different places, the employer 'shall establish a council to be caned the local consultative council-20 (i) in the case referred to in clause (a) for each of the two or more estabusbments for which the consultative council }las been established; or ' (ii)jntlle ,c~se referred to ji) ,,clausel, (b)" for qach of the b~nqli~,~~~r p~e~sit~~t~d"indifterellt places ' 25 (4) the consultative council shall consist of not less than six and not more than twe~ve member~ representing both t}le employer and the employees~  t! i" (5) the local consultative council shall consist of not less th~n tour and not more than eight memb~s representing both the employer and :¥il the employees (6) the number of members of the consultative council or local con--, -$ultstivf!' council, as the ~se may be 'representing the employeessball be equal to the number of~uch n'lember~ rel:>l;'pssnting the empioyer   ( , : , " "  , (7) the members of the, consultative councu or ,local ccmsuuative ~~ council, as the case mav be, representin(1 the employer shall be nominated bv the emplo:y@r and the mem berso! the' 'consultative counmi or ucal consultative ·council as the case mlly be, representingthe employees shall subject to the provisions of section 6 be chosen by the el11ployees in such ~anner as may,~prescribed 40 (8) one of the members of the consultative council or locai consul~ tative  council , ~ the case may be representing the employer shall be nmninated by' the employer as the chairman of the consultative colin-: cil or ,local consultative council, as ,the case may be ' i (9) subject to the rules, the consultative council 01" the lo'fl'l eo 45 sultative council shall have power to r('~ulate its own procedure : , 5 s\l1:ij4ct to the 1"llks, the term of u1lce of the members of the grievance settlement committee, consultative council and local consultlitive council shall be such terpl, beins not le~s than ~wo years and not more ~hari fiv~, years, as the ~~ploy~r may s~cify~y fei'¥llti~ns 5';: '6 (1) 'where thet'e is any, association of , employees, being,~ 8aociation which ~at~fies the condition laid down in sub-section (3)',  c;4rrying on its j activities for the benefit of the employees of ariy esta&l~¢~t and the employer in relation to that establishment, after ascertairiing the support of the employees of web establishment for the assooiiltion afore-10 said in the prescribed manner, is satisfied that the a~ciati()jl has the i· ~ilppprt of the inajority of such employees, then, such emplpy~ shall tecog'nisesucli association (hereinafter referred to as the i r~ognised  associdtiori) 'for the purpos~s of this section   " · '[' (~>"\vh~~ there is any r,ecognised association in ~lati~ 'to ·thtt~­lsplo:rees of; a~y, est~blls~ment, the membe:r, or members, r~presentiqg the employees, of the g~evance settlement c,qixlmit~, the wcal coniultative council and the consultative council, established for:$uchesiablishment shall be nominated by such association  ed associanominate members of grievance slettlement committee, etc, representing employees (3) no office-bearer of any association referred to in sub-section (1) 20 shall be a person who is not employed in any establishment  "i a member of the drievance settlement committee, consul~tive council or local consultative council, being employees' representative, "bal bepahl b, tbe ,e,mpjoyer in relatl4)d to any,fundlon disc_rred by wm ai such member, suob travewni' and,other compensa&ol'y abow-25 aaces as play be prescribed allowances payable to member of grie~ vance settlement committee, etc, being employees' repmeel1-tative,  boster· ' of'lirbr~ t, trawrll: ,  employl!r to make regulatiolvj in regard to certain matters (d) procedure to be tollowed· by tile grievanee settlement com'; -mittee;· ud (e) 'the term of office of the members of the grievance settlement committee, consultative council and local consultative council (2) every regulation made under sub-section (1) (including any modi-s ftcation thereto) shall be-(4) registered in the prescribed manner with such oftlcer sa the pwoprlate government may, by notification in the" oftlcial gazette, specify in this behalf (hereinafter referred to as the specified officer); and 10 (b) notified on the notice board of the establiahment (3) the regulations referred to in sub-section (1) shall be made and 'rubmitted to 'the specified oftlcer for registration under clause (4) ot lub-section (z) by the employer in relation to an establishment within a period of six months from the date on which this act becomes appli- is cable to liuch establishment and every modification to such regulations  shall be submitted by the employer to the specified officer for registra-"tion under that clause within a period of six months from the date onwhieh sueh modification is made (4) the specified officer shall supply to any employee, on a request 20 made therefor and on payment of such fees as may be prescribed, a certified copy of the regulations made by the employer for the establishment wherein such employee is employed model regulations 1 notwithstanding anything contained in aectien 9, the' appropriate goverajdentmay, by notiftcation in the omcial gazette, make model re- 2s gulations in respect of any matter referred to in clause (e), clause (4) or clause (e) of sub-section (1) of that section and such regulations shall be in f()rce in every establishment in the same manner as the regulations made by the employer in relation to such establishment until the regulations made by such employer in regard to that matter are regis- 30 tered with the specified officer under sub-section (2) of section 9 11 (1) any employee, being a party to an individual employment dispute, may, if such dispute is not settled in accordance with the pro-,tedure}aid,down by the employer in the regulatioll8 apply to the griev-- e sett1ealent committee· esta4dlished  for the esta:bliabment wherein 3s ·euch employee  is employed, fol" the aettlement of the dispute  sw- dl8ilt of!ad1vid1l8lempjoyment d1ajutes(2) ~ grievance settlement committee shall after ~a~ employee -and his employer a reasonable opportunity of being heard and-after making such enquiry as it deems fit, pass :such order in respect of such individual employment dispute as- it ~ems to be just and proper and avch 40 order shall, subject to the other ,pl'ov~ou of this section, be final (3) the grievance settlement ~md1ittee' shall pass final 'order on an application ,made to' it under sub-section (l) within a, peried' ,of two months from the date on which such application is made (f) 'where-(4) 'the grievanoe settlement committee fails to pass final order in n!iip8ct of ,any iildividual, employment dis~ witltinthe period ispecifiedlttleretor-by- ellbo-seotton (3), any party to 'the mdividual employment disl¥lte; or (b) any party to the individual employment dispute is aggrieved by the order of the grievance settlement committee, such aggrieved party, may, within such time as may be prescribed, refer such dispute for arbi-s tration to an arbitrator nominated by both the parties to the dispute: provided that where the partie!;' to 8\lch dispute fail to agree to nominate an arbitrator such dispute shall be referred to an arbitrator nominated by the appropriate government on an application made to it in that behalf by one of the parties to such dispute 10 (5) the award of an al'bitrat'or in respect of any individual employment dispute referred to him shall be final   settlement of employment disputes lz (1) where any local consultative council has been eltaliliaaed for any establishment or branch, unit or office of any establishment, such employment disputes as are prescribed shall in the first instance be i'e-is 1lerred by the employee any recognised association or employer to such lo:-al consultative council (2) any employee, recognised association or employer may refer any employment dispute, other than an employment dispute referred to in sub-section (1), to the consultative council established for any 20 establishment (3) where the lo;,;al consultative council fails to settle any employment dispute referred to it within such time as may be prescribed, it shall refer such dispute to the consultative coun-cil for settlement (4) where any employment dispute is referred to a local consultative ls council or consultative council, as the case may be, it shall make all efforts to promote a fair and amicabte settlement of such dispute (5) the settlement referred to in sub-section (4) and arrived at between the parties to an employment dispute shall be recorded in the form of a memorandum and signed by the parties to the dispute or their authorised 30 representatives and the member's of the lo:'al consultative council or consultative council, as the case may be (6) where the consultative council fails to settle any employment di~ pute referred to it under sub-section (2) or sub-section (3) within a ,period of three months from the date on which such reference is made, it shall 3s refer the dispute for arbitration to an arbitrator or body of arbitrators (not being a body of even number of, arbitrators) agreed to by the parties to the dispute or, where the partes to such dispute fail to agree on the arbitrator or body of arbitrators, to a board of arbitrators constituted by the appropriate government on a request 40 made in that behalf by the consultative council (7) the board of arbitrators referred to in sub-section (6) shall consist of an independent pel''son, who shall be the chairman thereof and two members, one representing the employers in relation to the class of establishments of which the establishment to which the employment disp,ute 45 relates is one and the other representing the employees employed itl such esta blishments  (8) the board of arbitrators may, if it so thinks fit, appoint one or more petsons having special knowledge of the matter under consideration as assessor or assessors to advise it in the pro::eeding before it· 50 (9) where the members of a body of arbitrators or a board of arbitrators are divided in their oplinion, the decision of the majority shan be deemed to be the arbitration award for the purposes of this act (10) the award of an arbitrator or a body ot arbitrators or a board of arbitrators in respect of any employment dispute referred to him or it under sub-section (6) shall be final  13 tae remuneration payable to-(a) any arbitrator or member of a body of arbitraton or a board 5 of arbltraton for arbltratiar any ladlvldual employment dlspate or employment dispute referred to them for arbitration; or remuneration payable to arbitrator (b) any assea80r appointed under sub-section (8) of section 12, shall be such as may be prekribeci and sl1all be,ad by such of the parties to the individual employment dispute or employment dispute, as the cue 10 lday be, aad ia such proportion  the arbitrator or body of arbitraton or - board of arbitrators, as the clise may be, shall determine 14 nothing in the arbitration act, 1940, shall apply to any arbitration wlder this act 15 every arbitrator, body of arbitrators or a board of arbitrators shall 1<; have the same powers as are vested in a civil court under the code of civil procedure, 1908, when trying a suit, in resped of the followini ma,tters, namely:-act 10 of 1940 not to apply to arbitration under thiaact power to summon wltne88es, etc (a) summoning and enforcing the attendance of any ~rson and examining him on oath; 20 (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnessesj and enforce_ ability of awards and settlement (d) any other matter which may be prescribed 16 (1) every order of the grievance settlement committee or award of an arbitrator in an individual employment dispute or settlement arriv- 2s ed at between the parties to an employment dispute under section 12 or award of an arbitrator or a body of arbitrators or a board or arbitrators in an employmert dispute shall come into operation on and from such date as may be specified therein, but where no such date is specified, it shall come into operation on the date of the order or award or settlement, 30 as the case may be, and shall, subject to the provisions of sub-section (2), become enforceable on the date on which such order, award or settlement comes into operation (2) every award of an arbitrator or a body of arbitrators or a board of arbitrators in an employment dispute shall become enforceable on the 35 expiry of thirty days from the date of its pronouncement: provided that in the case of an employment dispute to which the appropriate government is a party, where that government is of the opinion that it will be inexp\e!dient on public grounds affecting national economy or social justice to give effect to the whole or any part of such award, the 40 appropriate government may, by notification in the official gazette, declare that such award shall not become enforceable on the expiry of the said per'iod of thirty days   (3) where any declaration has been made, under the proviso to subsection (2), in relation to an award of an arbitrator or a body of arbitra- 4s tors or a board of arbitrators in an employment dispute, the appropriate gqvernment may, within ninety days from the date of such award, by notification in the official gazette, make an order rejecting or modifying such award and shall on the first available opportunity, lay the award s together with a copy of such order (where any such order has been made) before the legislature of a state, if the order has been made by the state government, or before parliament, if the order has been made by the central government (4) where any award referred to in sub-section (3) is rejected by the 10 appr~priate government, it shall not be enforceable· (5) where any award referred to in sub-section (3) is modified by an order made under that sub-section, such award as so modified :ijhall become enforceable on the expiry of fifteen days from the date on which the order making the modification is published in the oftlcial gazette 15 (6) where, in relation to any award referred to in sub-section (3), a declaration under the proviso to sub-section (2) has been made but nn order is made under sub-section (3), the award shall become enforceable on the exj>jiry of the period of ninety days referred to in sub-section (3) perlom on whom 17 (1) the order of a grievance settlement committee, or of an ao arbitrator, in an indi,vidual employment dispute, shall be binding on'-:" (a) the parties to the individual employment dispute; and awr~ are bindin, (b) where the party referred to in clause (4) is an employer, hij heirs, successors or assigns in respect of the establishment to which the dispute relates 2s (2) the settlement referred to in sub-section (4) of section 12, or award of an arbitrator or a body of arbitrators or a board of arbitrators, in an employment dispute shall be binding on-(a) the parties to the employment dispute; (b) where the party referred to in clause (a) is an employer, his 30 heirs, successors or assigns in respect of the esta blishment to which the dispute relates; and (c) on all persons who were employees of such establishment on the date on which the dispute was referred to the local consultative councilor, where the dispute was referred to the consultative 3s council in the first instance, to the consultative council and all persons who subsequently became employees of such establishment 18 (1) no emp~oyee employed in any establishment shall go on strike in breach of contract (2) no employer in relation to any establishment shall lock-'out his prohibitionof strike and lock-out 40 employees  chapter iv penalties and procbdtnncpenalties  4s  19 (1) any employer who-  f or faus to establish a grievance settlement commit-(a)c re ':tive council or a local consultative council (in any tee or ?ils uii'ed to establish such local consultative council) as case he is req h required by iection 3 or section 4, as t e case may be' , or (b) refuses or fails to pay to a member of the grievance settle-jtleht committee, consultative council or local consultative council, being employees representative, the travelling and other compensatory allowances payable to him under section 7; or (c) ~f\lses or fails to submit for registl"8tion the regulation ret  - s red to in sllb-eection (1) of section 9 or any modification thereto at required by that section; or (d) does any act in contravention of-10 (i) the regulations referred to in sub-sectron (1) of·section 9; or (ii) the regulations referred to in section 10 during the period whe!l such regulations are in force in the establishment in relltion to which he is the employer; or (e) refuses or fails to c(l]nply with any order of a grievance settlement committee which has become final or any settlement re- is fer red to in sub-section (4) of section 12 or any award of an arbitrator or a body of arbitrators of a board of arbitrators; or (f> locks-out any of his employees in contravention of subsectiolil (2) of section 18, shall be punishable with imprisonment for a term which may extend to 20 three months, of with fine which may extend to one thousand rupees, or 'with both (2) any employee who goes on strike in contravention of sub-section (1) of section 18, shall be punishable with imprisonment for a term which may extend to three mdnths, or with fine which may extend to one 2, thousand rupees, or with both 20 (1) no court shall take cognizance of any offence punishable under this act or the abetment of any such offence, save on complaint made by or under the authority of the appropriate government cotniunc:e of 011-enc:es (2) no court inferior to that of " metropolitan magistrate or judicial 30 magistrate c:rf the first class shall try any 'offence under this act offence! by companies 21 (1) where an offence under this act has been committed by a company every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business bf the eompany, as well as the company, shall be deemed to be 35 guilty of the offence and shall be liable to be proceeded against and punished areordblgfy: provided that nothing contained in this sub-section shall render any 8\leh penon liable to any punishment, jf he pro\"es that the offence was committed without his knowledge 'or that he had exercised all due 40 diligence to prevent the commilsionof such offence (2) notwithstanding anything containt!d in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, 45 secretary, or other offtcer of the company, such director, manager, secretary, or other '6fftcer shall also be dl'(amf'rl to be' guilty of that offence and ,hall be liable to b(' proceeded aga~nst and punished accordingy, expi4714tion-for the purpose~ of this section,-(a) "company" means any body corporate and includes a ftrm or other association of indiv;duals; and (b) "director", in relation to a firm, means a partner in the firm  chapter v miscellaneous22 where any money is due to any employee under any order of any grievance settlement committee, or settlement referred to in sub-section (4) of section 12 or award of any arbitrator, body of arbitrators or board recove, at money due from employer 10 of arbitrators, the employee himself or any other person authorised by him in writing in this behalf or, in the case of the death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate govemment 15 is satisfied that the money is so due, it shall issue a certiftcate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue: provided that every such application shall be made within one year from the date on which the money became due to the employee frorrt the 20 employer: provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate government is satisfied that the applicant had sufficient cause for not making the application within the said period modi8cation of proyisicms ef act in their applkatiqd to certain estbulhm-tts 25 23 where in any establishment, any joint consultative rnachm~ consisting of representatives of en'll'loyees and employers or any other body consisting of one or more persons (by whatever name called) has been set up for the purpose of settling individual employment disputes or employment disputes therein and the appropriate government is satis-30 fled that the functionin~ of such j~int consultative machinery or other body has been beneficial to the employees employed in such establishment the appropriate government may, by notiflration in the offteial gazette, direct that the provisions of this act shall not apply in relation to such establishment, or ~hall npply in relation to such establishment 3s with such modifications as may be specified in rhch notification 24 no suit, prosecution or other legal proceedin~ shall lie against any person for anything which is in go,d faith done or intended to be dol'le in pursuance of this act or any rule made thereunder z!t the provisions of this act shall have effect notwithstanding any-40 thing inconsistent therewith containei in any contract ot service er any ofber law 28 the appropriate go\'emmet't ma\'o by notification in the of!!cial gazette, direct that any power exercisable by it under this act or rules or regulations made thereunder shall,· in relation to such matte~6 and protec tion of aetion taklen under the act effect of contract or lawl in con· istent with this act delegation ot powers subject to such conditions, if any, as may be specified in the direction, be exercisable also,-(4) where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such ofticer or authority , subordinate to the state government, as may be specified in the notification; and - (b) where the appropriate government is a state government, by such officer 'or authority subordinate to the state government as may be s~ified in the notification 10 z7 nothing in this act shall apply to any establishment owned or managed by any organisation exclusively engaged in any charitable or "l philanthropic service act not to· apply to certain establishments power to make rui  zi (1) the appropriate government may by notification in the official gazette and subject to the condition of previous publication, make rules is for the purpose of giving effect to the provisions of this act (2) in particular and without prejudice to the generality ot the foregoing power, such rules may provide for all or any of the following matters, namely:-(4) the authority which is the employer in relation to an estab- 20 lishment under the control of any department of the central or state government, under sub-clause (4) of clause (4) of section 2; (b) the manner of choosing the members, of the grievance settlement committee, consultative councilor local consultative council, representing employees under sub-section (3) of section 3 25 or sub-section (7) of section 4 as the case may be; (c) the procedure of the consultative council and local consultative council under sub-sectton (9) of section 4; (d) the term of office of the members cjf the grievance settlement committee, consultative councilor local consultative counml, 30 under section 5; (e) the manner of ascertaining the support for any organisation of employees under sub-secti,or (1) of section 6; (f) travelling and other rompensatory allowances payable to the members of the grievance settlement committee, consultative 3s councilor local consultative council being employees' represen-:o tatives, in relation to any duty performed by them as such members, under section 7; (g) the manner of registering regulations, under sub-section (2) of section 9, and the fees pavable for ~taining copies of regulations, 40 under sub-section (4) of that section; (h) the time within which a reference for arbitration may be made by the parties to an individual employment dispute, under sub-section (4) of section 11; (i) the employment disputes which shall be referred to the 4s local consultative council in the first instance, under sub-section (1) of section j 2 ; (j) the period for l'ettlitlg any employment dispute hv a local conmlltative council, under sub-section (3) of section 12; (k) the remuneration payable to an arbitrator or a member of a body of arbitrators or a board of arbitrators or assessor under section 13; (1) the powers of the arbitrator, body of arbitrators or a board 5 of arbitrators under clause (a) of section 15; (m) any other matter which has to be, or may be, provided for by rules under this act (3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature 10 (4) every rule made by the central government under this act shall \ be laid, as soon as may be after it is made, before each house of puliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and u, before the expiry of the session immediately following the session er j 5 the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not b made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of any thine 20 previously done under that rule  schedule i [see section 2(5)] ma'i'l'ers, any dispute or difference in bespect of which bj:twebn any employee and his employer is an employment disputb2$ 30 (1) wages, including the period and mode of payment (2) compensatory and other allowances (3) hours of work and rest intervals (4) leave with wages and holidays (5) rationalisation (6) medical benefits (7) superannuation benefits (8) canteens, rest rooms, first·aid facilities and other facilities to be provided to employees (9) rules of discipline  schedule ii35  [see section 2 (8)] matl'ers, any dispute or difference in respect of wluck biltwuin any employee and his employer is an indmdualbmployment dispute (1) termination of employment of any employee whether by way of discharge, dismissal or retrenchment or otherwise (2) suspension of an employee (3) money due from the employer to an employee or the amount at which a benefit, which is capable of being computed in terms f money, is to be computed 4s (~) any matter not referred to in schedule i or this schedule, relating to the terms of employment or the conditions ot lawu' ot any employee  ·it has been urged, both insidl and outside parliament that employees of educational, scientific, research and training institutions should be given protection on the lines of the protection available to workmen under the industrial disputes act, 1947 2 in the committee on comprehensive industrial relations law and comp:lsition of indian labour conference, there was unanimity about the need for giving statutory protection to all employees from arbitrary action ·of employers however, it was also feit that the machinery and the provisions need not be the same for employees in all kinds of undertakings or institutions different variants of the machinery as well as the procedure could either be incorporated in the comprehensive law itself or a separate law may be enacted to cover employees in such undertakings or institutions as did not come within the purview of 'industry' 3 in its judgment of february, 1978 in bangalore water supply and sewerage board vs a rajappa and others, the supreme court held that educational institutions and research institutes which satisfied the tests lsid down by it would come within the definition of the term 'industry' in the industrial disputes act, 1947 the supreme court also overruled its earlier judgment in the management of safda'rjang hospital vb kuldip singh sethi and held that all hospitals would come within the purview of that act prior to this judgment the provisions of the  industrial disputes act were held to apply to all hospitals by that judgment, hospitals run by government and on charitable lines were excluded from the purview of that act hospitals and nursing homel run as a business in a commercial way, however, continued to be covered by that act 4 since hospitals, educatioj:}al, scientific, research and training institutions have special and distinct characteristi~s of their own and an atmosphere that eschews strife and conflicts has to be maintained therein these institutions have been excluded from the purview of the industrial relations bill but the employees engaged in these establishments also need protection and a machinery for the resolution of their individuals and collective employment disputes has to be provided for the bill seeks to achieve this objective 5 the bill applies to hospitals, educational, scienti6c, research and training institutions, in which 20 or more persons are employed or were employed on any day of the preceding twelve month& employees drawing wages more than rs 1600 per mensem would not be covered by the btu certain other categories of employees are also excluded 6 th bill enjoins on an employer to constitute, within a specified period, a grievance settlement cqmmittee for the' resolution of iddividual employment disputes and a cod8ultative council and a loc:al cp~ltative ~uncil for the resolution ofemploymemdiapules oi-- coll~~ti,:,e nature it also provide,' for the arbitration of ,disputes not resolved by the grievance -settlement committee or the local con-' bultative council or consultative council 7 there is provision for the recognition of an association of employees which h8's the inlppdr't' of thei majority df"employeea'ln an establishment 'the representatives"ot employees on the'crl:~~hcej settlement committee, local consultative couric'il and'co~ta'tive council would be nominees of a recognised association no office-bearer of a recognised ask'6ciationof employees could be a person who is not employed in an establishment the ~i1f provides for an effective machinery for the r~scslu·tiorio'f inciividu'ar arid' collectiveemp1oyment disputes lock-outs or strikes wouie; thererore; be redundant' arid they are propos~d to be prohibited ' 8 where any matter is referred for arbitration under the provisions 'of the bili'the arbitration award will hrwe to be given within a specified period the employers as well as the employees would have the right to choose arbitrators either ~rom the panels maintained by the appropriate government or from outside matters which would constitute individual employment dispirtes include termination of employment of any employee whether by way of discharge, dismissal or retrenchment or otherwise, suspension and computation of moneys due from the employer to an employee matters which would be employment disputes 'of a collective nature include wages and allowances, hours of work, leave wi~ wages and holidays, rationalisation, medical benefits, superannuation benefits and rules of discipline 9 the central government would be the appropriate government in respect of establishments which are under its control or those which have branches or units or offices in two or more states; in respect o£ others the state government would be the appropriate government 10 appropriate penal provisions are also provided in the bill for ensuring strict compliance of the law new delhi; ra vindra varma the 25th august, 1978, clause 7 ,of the bill provides for the payment of travelling andothert compensatgry allowances' to members of the grievance settlement coinmittee, consultative council and local consultative council such, allowances ate to be paid by the employer at such rates as may be pres cribed by rules where the central government is the employer in relation to the establishments covered by the bili, such allowances will' have to be met from the consolidated fund of india and they will be of a recurring nature it is not possible to estimate the expenditurethat may have to be incurred out of the consolidated fund of india: towards the payment of such allowances 2 clause 13 0' the bill provides for the remuneration payable by the parties to an arbitrator where' the central government is the em· ployer in relation to any establishment to which the provisions of the bill are applicable and any individual employment dispute or employ· ment dispute- concerning that establishment is referred for arbitration, it may have to pay the arbitrator's fee as the arbitrator's fee will have to be paid only if any such dispute is referred for arbitration and the number of such disputes cannot be estimated at present, it is, not possible to give an estimate of the recurring expenditure that rna,!" have to be incurred 3 there will be no non·recurring expenditure clause 23 of the bill empowers the appropriate government to direct, by notification in the oftieial gazette, that the provisions of the bill t:hall not apply in relation to any establishment, or shall apply in relation to such establishment with such modifications as may be specified in such notification, where any joint consultative machinery consisting of representatives of employees and employer or any other body has been set up in such establishment for the purpose of settling individual employment disputes or employment disputes and tbe appropriate government is satisfied that the functioning of such joint consultative machinery or other body has been beneficial to the employees employed in such establishment 2 sub-clause (1) of clause 27 of the bill empowers the appropriate government to make rules for the purpose of giving effect to the provisions of the bill the rules are to be made by notification in the official gazette and are subject to the conditions of previous publication sub-clause (2) of that clause enumerates the matters in regard to which such rules may be made the matters in regard to which such rules may be made relate, inter-alia, to-(i) the manner of choosing the members of the grievance settlement committee, consultative council or local consultative coun~l, representing employees; (ii) the procedure ot the consultative council and local consultative council; (iii) the terms of office of the members of the grievence settlement committee, consultative council or local consultative council; (iv) the manner of ascertaining the support for any organisation of employees; and (v) the remuneration payable to an arbitrator or a member of a body of arbitrators or board of arbitrators 3 every rule made by the state government under clause 27 is required to be laid before the state legislature and every rule made by the central government under that clause is required to be laid before tke parliament 4 the delegation of legislative power under the aforementioned provisions relates to matters of procedure or administrative detail or to matters in respect of which it is not practicable to make detailed provisions lienee the delegation of legislative power is of a normal character  a billto consolidate and amend the law relating to the conditions of service of employees employed in hospitals and educational institutions with a view to securing the welfare of such employees, and for the investigation and settlement of disputes between such employees and their employers, and for matters connected therewith or incidental thereto 