to the food ccrpor:atiolifs (:j'£nl)lffilift') bill, 1967 (';tq be/':'el_~intrqduc_e_d_id lok; sabpa) ~ 1 page 3, line 1,-after" clause (a)" insert "shall" 2 on the docket page,-for "food cornoration 1ict" - read "food coroorations ~ct" -- 3 oorrect line numbers oh page 2 nel;f delhi; july 21, 1967 4sad~ 30, '1'889 ~saka)  bill no 103 at 1", the food corporations (amendment) bill, 1967 a billto ttme'nd the food corporations act, 1964 and to declare tilt! central government as the appropriate government under the industrial disputes act, 1947 in relation to the food corporation of india b& it enacted by parliament in the eightetenth year of the republic of india as follows:-1 this act may be called the food corporations (amendment) short a~t, it17 title 37 at 1964 s l at1m' rction 12 of the food corporati~ns act, 1964, the follow- lnaertion ibg iftiiction, shall be inserted, narnely:-at new section 12a "12a (1) wh~re the central government has oeued or special ceases to perform any functions which under section 13 are provisions functions of tne corporation, it shall be lawful tor the central governme'nt to transfer, by order and with effect from such date or dates (which may be either retrospective to any date not earlier than the 1st january, 1965, or prospective) as may be specified in the order, to the corporation any of the officers 5 or employees serving in the department of the central government dealing with food or any of its subordinate or attached offices and engaged in the performance of those functions: for transfer of government employees to the corporation in certain cases provided that nothing contained in this sub-sectio'n shall apply to any officer or employee not in service in such depart- 10 ment or office on the 1st day of july, 1966 (2) in making an order under sub-section (1), the central government shall, as far as may be, take into consideration the functions which the central government h&s ceased or ceases to perform and the areas i'n which such functions have been or is are performed (3) an officer or other employee transferred by an order made under sub-section (1) shall, on and from the date of transfer, cease to be an employee of the central government and become an employee of the corporation with such designation 20 as the corporation may determine and shall, subject to the provisions of sub-sections (4), (5) and (6) t be governed by the regulations made by the corporation under this act as respects remuneration and other conditions of service including pension, leave and provident fund, and shall co'ntinue to be an officer i)r 25 employee of the corporation unless and until his employment is terminated by the curporation (4) every officer or other employee transferred by aon order made under sub-section (1) shall, within six months from the date of transfer, exercise his option in writing to be govemeci,- 30 --' (a) by the scale of pay applicable to the post held by him under the governme'nt immediately before the date of transfer or by the scale of pay applicable to the post under the corporation to which he is transferred, (b) by the retirement or other terminal benefits 35 admissible to employees of the central government in accordance with the rules and orders of the central government as amended from time to time or the provident fund or other terminal benefits admissible to the employeee of the corporation under the regulations made by the corpora~ion under this act, and such option once exercised shal1 be final: , ~>ro\tided that the option exercised under clause (n)' ijuu be appucable only in respect of the post to which such officer or employee is transferred to the corporation and on appointment to a higher post under the corporation, he shall be eligible only s for the scale of pay applicable to such higher post: provided further that if immediately before the date of his transfer any such officer or employee is offil'iating in a hip-her post under the government either in a leave vacancy or in any othier vacancy of a specified duration, his pay, on transfer, shall 10 be proter-ted for the unexpired period of such vacancy and thereafter h~ shall be entitled to the scale of pay applicable to the post under the government to which he would have reverted or to the scale of pav applicable to the post under the corporation to which he is transferred, whichever he may opt: i s provided also that when an officer or i)thh employee sprving in the department of the ministry of the central government dealing with food or in any of its attached or subordinate offices is promoted to officiate in a higher post in the department or office subsequent to the transfer to the corporation of 20 any other officer or employee senior to him i~ that department or office befor'e such transfer, the officer or other employee who is promoted to officiate in such higher post shan, on transfer to the corporation, be entitled only to the scale ot pay applica·bie to the post he would have held but for such promotion or the 2s scale of pay applicab1c to the post under the corporation to which he is transferred, whichever he may opt (5) no offi~r or other enlployee transferred by an order made under sub-section (1) - ; (4) shall be dismisaed or removed by an authority 30 subordinate to that com~tent to make a similar or equivalent appointment under the corporation as may be prescribed; (b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been inform~ of 3s the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, to impose on him any such penalty, until he has heen given a reaclonable opportunity of making a representation on the penalty proposed, but orty onth'e basis of the evid~ce addueed during :ucll tnquiry: prpvided that this clause shall )lot app1y,-(i) where an offi-cer or employee is dismissed or removed dr reduced in rank on the ground of conduct s which heu! led to his conviction on a criminal charge; or (ii) where th'e authority empowewd to diimiss or fetn(we an officer oremploye,e or t6 r:educebim in rank is satisfied that for some reason, to be recdrded by that _ authority in writing, it is not reasonably practicable to 1\0 hold such inquiry; or (iii) to an officer or employee who, after transfer to th'e corporation, is appointed to a higher post under the corporatidn in response to an open advertisement and in cdmpetitidn with outsiders 15 (6) if, in respect of any such officer or employee as aforesaid, a question arises whether it is·reasonably practicable to hold such inquiry as is referred to in sub-seetion (5), the decision thereon of the authority empowered to dismiss or remove him 01:' td reduce him in rank shall be final 20 (7) nothing contained in sub-section (j) &hallapplyto the members of the central secretariat service or any other service or to persons on deputation to the department refel'l'ed to in that sub-section ot to any of its attached dr subordinate offices from any ministry of the central govel"nment or from any state 2s government dr from al1y organisation" amendment of section 2 of act 14 of 1~7 3 in section 2 of the industrial disputes act, 1947, in sub-clause (i) of clause (a), after the words and figures "the unit trust of india act, 1963, or", the words and/figures "the food corporation of india established under section 3, or a board of management estab- 30 llshed for two or more contiguous states under section 16, of the food corporations act, 1964, or" shall be interted 37 of 1964 with the establishment of the 'food corporation of' india under the food corporations act, 1964, the work relating to the storage, movement, distrilntion and sale of foodg1l8ins, perfollned by the regional directorates under the food department of the government, is being gradually transferred to the 'food corporation of india the staff working in the regional directorates are alsobefng transferred to the c~p9ration along with ute work the object of this bill is to prescribe the conditions of service in regard to pay, pedsion ami other similar matters ,wlorich·watci be aipplicable to the employees on their transfer to the ooopontion hi"doing so, care has 'been taken to eijl9ui'e 1hatthe pay, 'pension 2ifdcltvltber·conditions of sei'vice  e 'mt, s far as ,possible, adverse eft-ed ioa :account of sudl transfer   , 2 opporwility isbei'qg tak!en to: _laee ,ita celddl government ,as the 'appropriate -govef,unent' luder'1ae ijxlw  1 disputes act, l~, in relation to the l'ooclcorpdratacmrot"lifdiii ~~  " nbw dblhij the 1st ltjly, 1917 jagjin'an ram  annexure extract from the lndustjtial disputes act, 1947 (14 01' 1947) - • - •definitions z in this act, unless there is anything repugnant in the subject or context,-(/i) "appropriate government" mea'ns-(i) in relation to any industrial dispute concerning any industry carried on by or u'nder the authority of the central government or ,by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dispute concerning the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948, or the "indian airlines" and "air- 34 of 1948 india" corporations established under section 3 of the air 27 of 1953: corporat!ons act, 1953, or the agricultural refinance corporation established under section 3 of the agricultural re1lnanc:e corporation act, 1963, or the deposit insurance 10 of 1963 corporation established under section 3 of the deposit insurance corporation act, 1961, or the unit trust of india 47 of 1961 established under section 3 of the unit trust of india act, 52 of 1963 1963, or a banking or an insurance company, a mine, an oilfield, a cantonment board, or a major port, the central government, and - - - - a bill to amend the food corporation act, 1964 and to declare the central government as the appropriate government under the industrial disputes act, 1947 in relation to the food corporation of india minister of food and agriculture ) 