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[For IAS Prelims 2020 by BestCurrentAffairs.com] THE REPRESENTATION OF THE PEOPLE ACT, 1951 ACT NO. 43 OF 1951 [17th July, 1951.]

An Act to provide for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt 1* * * practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

PART I PRELIMINARY

1. Short title.—This Act may be called the Representation of the People Act, 1951.

2. Interpretation.—(1) In this Act, unless the context otherwise requires,— (a) each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act 1950 (43 of 1950), but not defined in this Act, shall have the same meaning as in that Act; (b) "appropriate authority" means, in relation to an election to the House of the People or the Council of States * * *, the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government;

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[(bb) "chief electoral officer" means the officer appointed under section 13A of the Representation of the People Act, 1950 (43 of 1950);] (c) "corrupt practice" means any of the practices specified in section 123 4* * *; 5

[(cc) "district election officer" means the officer designated or nominated under section 13AA of the Representation of the People Act, 1950 (43 of 1950);] (d) "election" means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir 6* * * ; 7

[(e) "elector" in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950);]

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The words "and illegal" omitted by Act 27 of 1956, s. 2.

Certain words omitted by Act 103 of 1956, s. 66.

Ins. by Act 27 of 1956, s. 3.

The words and figures "or section 124" omitted by s. 3, ibid.

Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966).

Certain words omitted by Act 58 of 1958, s. 14.

Subs. by Act 27 of 1956, s. 3, for cl. (e).

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BE it enacted by Parliament as follows:—

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[(f) "political party" means an association or a body of individual citizens of India registered with the Election Commission as a political party under section 29A;] (g) "prescribed" means prescribed by rules made under this Act; 2

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[(i) "sign", in relation to a person who is unable to write his name, means authenticate in such manner as may be prescribed.

(2) For the purposes of this Act, 8* * * a Parliamentary constituency, an Assembly constituency, a Council constituency, a local authorities' constituency, a graduates' constituency and a teachers' constituency shall each be treated as a constituency of a different class.

(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall— (a) where it is issued or made by the Central Government, be published in the Gazette of India; (b) where it is issued or made by a State Government, be published in the Official Gazette of the State; and (c) where it is issued or made by any other authority, be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament 8* * * and in the Official Gazette of the State if it relates to an election to, or membership of, the House or either House of the Legislature of a State.

(4) Where, under any of the provisions of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases.

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Cl.(f) which was omitted by Act 27 of 1956, s. 3, and ins. by Act 1 of 1989, s. 3 (w.e.f. 15-6-1989).

Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966).

Cls. (h) and (i) omitted by Act 27 of 1956, s. 3.

Cl. (i) re-lettered as cl. (h) by s. 3, ibid., omitted by the Adaptation of Laws (No. 2) Order, 1956.

Cls. (k) and (i) re-lettered as cls. (i) and (k) by Act 27 of 1956, s. 3.

Cl. (j) ins. by s. 3, ibid., and omitted by the Adaptation of Laws (No. 2) Order, 1956.

Cl. (k) omitted by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966).

Certain words omitted by Act 103 of 1956, s. 66.

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[(h) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);]

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[(5) Any reference in this Act 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.]

PART II [QUALIFICATIONS AND DISQUALIFICATIONS]

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CHAPTER I.—Qualifications for Membership of Parliament.

[3. Qualification for membership of the Council of States.—A person shall not be qualified to be chosen as a representative of any State 5* * * or Union territory in the Council of States unless he is an elector for a Parliamentary constituency 6[in India].]

4. Qualifications for membership of the House of the People.—A person shall not be qualified to be chosen to fill a seat in the House of the People 7* * *, unless— (a) in the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency; (b) in the case of a seat reserved for the Scheduled Tribes in any State (other than those in the autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of that State or of any other State (excluding the tribal areas of Assam), and is an elector for any Parliamentary constituency; (c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency in which such seat is reserved or for any other Parliamentary constituency comprising any such autonomous district; 8 *** 9

[(cc) in the case of the seat reserved for the Scheduled Tribes in the Union territory of 10[Lakshadweep], he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency of that Union territory; 11* * *] 12

[(ccc) in the case of the seat allotted to the State of Sikkim, he is an elector for the Parliamentary constituency for Sikkim;] (d) in the case of any other seat, he is an elector for any Parliamentary constituency.

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Sub-sections (5) and (7) omitted and sub-section (6) renumbered as sub-section (5) by Act 27 of 1956, s. 3.

Subs. by Act 47 of 1966, s. 15, for sub-section (5).

Subs. by s. 16, ibid., for the previous heading (w.e.f. 14-12-1966).

Subs. by the Adaptation of Laws (No. 2) Order, 1956, for s. 3.

Certain words omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966).

Subs. by Act 40 of 2003, s. 2.

Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975).

The word "and" omitted by Act 47 of 1966, s. 18 (w.e.f. 14-12-1966).

Ins. by s. 18, ibid. (w.e.f. 14-12-1966).

Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974 (w.e.f. 1-11-1973).

The word "and" omitted by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).

Ins. by s. 2 and Sch., ibid. (w.e.f. 9-9-1975).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II. —Acts of Parliament) CHAPTER II. —Qualifications for Membership of State Legislatures 5. Qualifications for membership of a Legislative Assembly.—A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless— (a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State; (b) in the case of a seat reserved for an autonomous district of Assam, 1* * * he is a member of a 2[Scheduled Tribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat is reserved for that district; and

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[Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.]

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[5A. Qualifications for membership of Legislative Assembly of Sikkim. —5[(1)] Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless — (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas; (b) in the case of a seat reserved for Sikkimese of Nepal origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State; (c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and (d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.]

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[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless— (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any assembly constituency in the State other than the constituency reserved for the Sanghas; (b) in the case of a seat reserved for the Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any assembly constituency in the State; (c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and (d) in the case of any other seat, he is an elector for any assembly constituency in the State.

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Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972).

Subs. by Act 47 of 1966, s. 19, for "Scheduled Tribe of that district" (w.e.f. 14-12-1966).

Ins. by Act 27 of 1962, s. 11.

Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).

S. 5A renumbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).

Ins. by s. 3, ibid. (w.e.f. 1-9-1979).

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(c) in the case of any other seat, he is an elector for any Assembly constituency in that State:

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Explanation.—In this Tromopa and Yolmo.]

sub-section

"Bhutia" includes

Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan,

6. Qualification for membership of a Legislative Council.—(1) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State.

(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor 1* * * unless he is ordinarily resident in the State.

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7. Definition.—In this Chapter,— (a) "appropriate Government" means in relation to any disqualification for being chosen as or for being a member of either House of Parliament, the Central Government, and in relation to any disqualification for being chosen as or for being a member of the Legislative Assembly or Legislative Council of a State, the State Government; (b) "disqualified" means disqualified for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State.

8. Disqualification on conviction for certain offences. —3[(1) A person convicted of an offence punishable under— (a) section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code (45 of 1860); or (b) the Protection of Civil Rights Act, 1955 (22 of 1955) which provides for punishment for the preaching and practice of "untouchability", and for the enforcement of any disability arising therefrom; or (c) section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (52 of 1962); or (d) sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or (e) the Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or (f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

_____________________________________________________________________________________ 1. The words "or the Rajpramukh, as the case may be" omitted by the Adaptation of Laws (No. 2) Order, 1956.

2. Subs. by Act 47 of 1966, s. 20, for Chapter III (w.e.f. 14-12-1966). Previous Chapter IV (ss. 10 and 11) was rep. by Act 103 of 1956, s. 66.

3. Subs. by Act 1 of 1989, s. 4, for sub-sections (1) and (2) (w.e.f. 15-3-1989).

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[CHAPTER III. —Disqualifications for membership of Parliament and State Legislatures

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Representation of the People Act, 1951 (PART II.—Acts of Parliament)

(h) section 7 (offence of contravention of the provisions of sections 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or (i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing) of clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this Act; 1[or] 1

[(j) section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991;]

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[(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 (69 of 1971),] 4 [; or] 4

[(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or

(m) the Prevention of Corruption Act, 1988 (49 of 1988); or (n) the Prevention of Terrorism Act, 2002 (15 of 2002),] 5

[shall be disqualified, where the convicted person is sentenced to— (i) only fine, for a period of six years from the date of such conviction; (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]

(2) A person convicted for the contravention of— (a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act, 1961 (28 of 1961);6***

(3) A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]

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[(4)] Notwithstanding anything 8[in sub-section (1), sub-section (2) or sub-section (3)] a disqualification under either subsection shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court. ______________________________________________________________________________________________________ 1. Ins. by Act 42 of 1991, s. 8 (w.e.f. 18-9-1991).

2. Added by Act 21 of 1996, s. 3 (w.e.f.1-8-1996).

3. Ins. by s. 3, ibid. (w.e.f. 1-8-1996).

4. Ins. by Act 9 of 2003, s. 2 (w.e.f. 7-1-2003).

5. Subs. by s. 2, ibid. (w.e.f. 7-1-2003).

6. Cl. (d) omitted by s. 2, ibid. (w.e.f. 7-1-2003).

7. Sub-section (3) renumbered as sub-section (4) by Act 1 of 1989, s. 4 (w.e.f. 15-3-1989).

8. Subs. by s. 4, ibid., for certain words (w.e.f.15-3-1989).

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[or]

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) Explanation. —In this section, — (a) "law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law, providing for— (i) the regulation of production or manufacture of any essential commodity; (ii) the control of price at which any essential commodity may be bought or sold; (iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity; (iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale; (b) "drug" has the meaning assigned to it in the Durgs and Cosmetics Act, 1940 (23 of 1940); (c) "essential commodity" has the meaning assigned to it in the Essential Commodity Act, 1955 (10 of 1955); (d) "food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (37 of 1954).

[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, 2[as soon as may be, within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period: Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect.

(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period.

(3) Before giving his decision on any question mentioned in sub-section (1) or on any petition submitted under subsection (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]

9. Disqualification for dismissal for corruption or disloyalty. —(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.

(2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of the fact: Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.

9A. Disqualification for Government contracts, etc. —A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government.

Explanation.—For the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate Government, the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part.

10. Disqualification for office under Government company. —A person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a cooperative society) in the capital of which the appropriate Government has not less than twenty-five per cent. share.

_____________________________________________________________________________________ 1. Subs. by Act 40 of 1975, s. 2, for s. 8A. 2. Subs. by Act 41 of 2009, s. 4 for certain words (w.e.f. 1-2-2010).

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[10A. Disqualification for failure to lodge account of election expenses. —If the Election Commission is satisfied that a person— (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and (b) has no good reason or justification for the failure,

be 11. Removal or reduction of period of disqualification.—The Election Commission may, for reasons to recorded, remove any disqualification under this Chapter 2[(except under section 8A)] or reduce the period of any such disqualification.

CHAPTER IV.—Disqualifications for Voting 1

[11A. Disqualification arising out of conviction commencement of this Act,—

and

corrupt practices.— 3[(1)] If any person, after the

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* * * is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code (45 of 1860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136 of this Act, 5* * *

he shall, for a period of six years from the date of the conviction or from the date on which the order takes effect, be is qualified for voting at any election.

7 [(2) Any person disqualified by a decision of the President under sub-section (1) of section 8A for any period shall be disqualified for the same period for voting at any election.

(3) The decision of the President on a petition submitted by any person under sub-section (2) of section 8A in respect of any disqualification for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.]

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[11B. Removal of Disqualifications.—The Election Commission may, for reasons to be recorded, remove 8[any disqualification under sub-section (1) of section 11A].

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[PART III NOTIFICATION OF GENERAL ELECTIONS 12. Notification for biennial election to the Council of States. —For the purpose of filling the seats of members of the Council of States retiring on the expiration of their term of office the President shall, by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon the elected members of the Legislative Assembly or, as the case may be, the members of the electoral college, of each State concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder : Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire. ______________________________________________________________________________________________________ 1.

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Ins. by Act 47 of 1966, s. 20 (w.e.f. 14-12-1966).

Ins. by Act 40 of 1975, s. 3.

S. 11A re-numbered as sub-section (1) thereof by s. 4, ibid.

The brackets and letter "(a)" omitted by Act 38 of 1978, s. 3 and the Second Sch. The word "or" omitted by s. 3 and the Second Sch. ibid.

Cl.(b) omitted by Act 40 of 1975, s. 4.

Ins. by s. 4, ibid.

Subs. by s. 5, ibid., for certain words.

Subs. by Act 27 of 1956, s. 7, for Part III (ss. 12 to 18).

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the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

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[12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of States. —For the purpose of filling for the first time the seat allotted to the State of Sikkim by the Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by a notification published in the Gazette of India, on such date as may be recommended by Election Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12.]

13. [Notification for reconstitution of electoral colleges for certain Union territories.] Rep. by the Territorial Councils Act, 1956 (103 of 1956), s. 66.

(2) For the said purpose the President shall, by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon all parliamentary constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder: Provided that where a general election is held otherwise than on the dissolution of the existing House of the People, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that House would expire under the provisions of clause (2) of article 83.

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[14A. Notification for electing the representative of the State of Sikkim to the existing House of the People. —For the purpose of electing a representative of the State of Sikkim to the House of the People, specified in clause (e) of article 371F of the Constitution, the Election Commission shall call upon the members of the Legislative Assembly of the State of Sikkim to elect the representative in accordance with such of the provisions of this Act, and the rules and orders made thereunder, as are applicable to the election of the members of the Council of States.]

15. Notification for general election to a State Legislative Assembly. —(1) A general election shall be held for the purpose of constituting a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution.

(2) For the said purpose, 2[the Governor or Administrator, as the case may be], 3* * * shall by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon all Assembly constituencies in the State to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder: Provided that where a general election is held otherwise than on the dissolution of the existing Legislative Assembly, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that Assembly would expire under the provisions of clause (1), of article 172 3 * * * 4[or under the provisions of section 5 of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.]

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[15A. Notification for certain elections to Legislative Councils. —For the purpose of constituting the Legislative Council of the State of Madhya Pradesh under the States Reorganisation Act, 1956 (37 of 1956), and constituting the Legislative Council of the State of Andhra Pradesh 6[under the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006)], 7[and constituting the Legislative Council of the State of Tamil Nadu under the Tamil Nadu Legislative Council Act, 2010 (16 of 2010)] the Governor of each of the aforesaid States shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon the members of the Legislative Assembly of the State and all the Council constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder.]

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).

Subs. by Act 20 of 1963, s. 57 and the Second Sch., for "the Governor".

The words "Rajpramukh, Lieutenant-Governor or Chief Commissioner, as the case may be, omitted by the Adaptation of Laws (No. 2) Order, 1956.

Ins. by Act 20 of 1963, s. 57 and the Second Sch. Ins. by Act 37 of 1957. s. 13.

Subs. by Act 1 of 2006, s. 5. (w.e.f. 11-1-2006).

Ins. by Act 16 of 2010. s. 5 (date yet to be notified).

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14. Notification for general election to the House of the People. —(1) A general election shall be held for the purpose of constituting a new House of the People on the expiration of the duration of the existing House or on its dissolution.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 16. Notification for biennial election to a State Legislative Council. —For the purpose of filling the seats of members of the Legislative Council of a State retiring on the expiration of their term of office, the Governor 1* * * shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission call upon the members of the Legislative Assembly of the State and all the Council constituencies concerned to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder: Provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire.]

PART IV

19. Definition.—In this Part and in Part V, unless the context otherwise requires, "constituency" means 2* * * a Parliamentary constituency or an Assembly constituency or a Council constituency.

3

[19A. Delegation of functions of Election Commission.—The functions of the Election Commission under the Constitution, the Representation of the People Act, 1950 (43 of 1950), and this Act or under the rules made thereunder may, subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner or by the Secretary to the Election Commission.]

4

[20. General duties of chief electoral officers. —Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer of each State shall supervise the conduct of all elections in the State under this Act. 5

[20A. General duties of district election officer.—(1) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate and supervise all work in the district or in the area within his jurisdiction in connection with the conduct of all elections to Parliament and the Legislature of the State.

(2) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer.]

6

[20B. Observers.—(1) The Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Election Commission.

(2) The Observer nominated under sub-section (1) shall have the power to direct the returning officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the Observer booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained.

(3) Where an Observer has directed the returning officer under this section to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the Election Commission and thereupon the Election Commission shall, after taking all material circumstances into account, issue appropriate directions under section 58A or section 64A or section 66. ______________________________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

The words "or Rajpramukh, as the case may be," omitted by the Adaptation of Laws (No. 2) Order, 1956.

Certain words omitted by Act 103 of 1956, s. 66.

Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966).

Subs. by Act 27 of 1956, s. 9, for ss. 20 and 21.

Ins. by Act 47 of 1966, s. 22 (w.e.f. 14-12-1966).

Ins. by Act 21 of 1996, s. 4 (w.e.f. 1-8-1996).

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ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) Explanation.—For the purposes of sub-section (2) and sub-section (3), "Observer" shall include a Regional Commissioner or any such officer of the Election Commission as has been assigned under this section the duty of watching the conduct of election or elections in a constituency or group of constituencies by the Commission.]

21. Returning officers. —For every constituency, for every election to fill a seat or seats in the Council of States and for every election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with the Government of the State, designate or nominate a returning officer who shall be 1[an officer of Government or of a local authority: Provided that nothing in this section shall prevent the Election Commission from designating or nominating the same person to be the returning officer for more than one constituency.]

Provided that every such person shall be 1[an officer of Government or of a local authority].

(2) Every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer: Provided that no assistant returning officer shall perform any of the functions of the returning officer which relate 2* * * to the scrutiny of nominations 3* * * unless the returning officer is unavoidably prevented from performing the said function.

23. Returning officer to include assistant returning officers performing the functions of the returning officer. — References in this Act to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer performing any function which he is authorised to perform under sub-section (2) of section 22.

24. General duty of the returning officer.— It shall be the general duty of the returning officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and rules or orders made thereunder.

—

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[25. Provision of polling stations for constituencies.—The district election officer shall, with the previous approval of the Election Commission, provide a sufficient number of polling stations for every constituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such manner as the Election Commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.]

26. Appointment of presiding officers for polling stations.—(1) The 5[district election officer] shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election: Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the 5[district election officer] accordingly:

[Provided further that nothing in this sub-section shall prevent the 5[district election officer] from appointing the same person to be the presiding officer for more than one polling station in the same premises.]

(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or any rules or orders made thereunder.

6

_____________________________________________________________________________________ 1.

2.

3.

4.

5 6.

Subs. by Act 47 of 1966, s. 23, for "an officer of Government".

Certain words omitted by Act 27 of 1956, s.10.

The words "or to the counting of votes" omitted by s. 10, ibid.

Subs. by Act 47 of 1966, s. 25, for s. 25 (w.e.f. 14-12-1966).

Subs. by s. 26, ibid., for "returning officer" (w.e.f. 14-12-1966).

Ins. by Act 27 of 1956, s.12.

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22. Assistant returning officers. —(1) The Election Commission may appoint one or more persons to assist any returning officer in the performance of his functions:

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the 1[district election officer] to perform such functions during any such absence.

(4) References in this Act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorised to perform under sub-section (2) or sub-section (3), as the case may be.

28. Duties of a polling officer. —It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.

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[28A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission. —The returning officer, assistant returning officer, presiding officer, polling officer, and any other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.

29. Special provisions in the case of certain elections. —(1) The returning officer for an election 4* * * to fill a seat or seats in the Council of States or for an election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, with the previous approval of the Election Commission, fix the place at which the poll will be taken for such election and shall notify the place so fixed in such manner as the Election Commission may direct.

(2) The returning officer shall preside over such election at the place so fixed and shall appoint such polling officer or officers to assist him as he thinks necessary but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election.

5

[PART IVA

REGISTRATION OF POLITICAL PARTIES 29A. Registration with the Election Commission of associations and bodies as political parties. — (1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act. (2) Every such application shall be made, — (a) if the association or body is in existence at the commencement of the Representation of the People (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement;

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

Subs. by Act 47 of 1966, s. 26, for "returning officer" (w.e.f. 14 -12-1966.)

Sub-section (5) ins. by s. 12, ibid. (w.e.f. 14-12-1966) and omitted by Act 2 of 2004, s.3.

Ins. by Act 1 of 1989, s. 5 (w.e.f. 15-3-1989.)

The words and brackets "(other than a primary election)" omitted by Act 27 of 1956, s. 13.

Ins. by Act 1 of 1989, s. 6 (w.e.f. 15-6-1989).

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27. General duty of the presiding officer. —It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (b) if the association or body is formed after such commencement, within thirty days next following the date of its formation.

(3) Every application under sub-section (1) shall be signed by the chief executive officer of the association or body (whether such chief executive officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission or sent to such Secretary by registered post.

(4) Every such application shall contain the following particulars, namely:— (a) the name of the association or body;

(c) the address to which letters and other communications meant for it should be sent; (d) the names of its president, secretary, treasurer and other office-bearers; (e) the numerical strength of its members, and if there are categories of its members, the numerical strength in each category; (f) whether it has any local units; if so, at what levels; (g) whether it is represented by any member or members in either House of Parliament or of any State Legislature; if so, the number of such member or members.

(5) The application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.

(6) The Commission may call for such other particulars as it may deem fit from the association or body.

(7) After considering all the particulars as aforesaid in its possession and any other necessary and relevant factors and after giving the representatives of the association or body reasonable opportunity of being heard, the Commission shall decide either to register the association or body as a political party for the purposes of this Part, or not so to register it; and the Commission shall communicate its decision to the association or body: Provided that no association or body shall be registered as a political party under this sub-section unless the memorandum or rules and regulations of such association or body conform to the provisions of sub-section (5).

(8) The decision of the Commission shall be final.

(9) After an association or body has been registered as a political party as aforesaid, any change in its name, head office, office-bearers, address or in any other material matters shall be communicated to the Commission without delay.]

1

[29B. Political parties entitled to accept contribution.—Subject to the provisions of the Companies Act, 1956 (1 of 1956), every political party may accept any amount of contribution voluntarily offered to it by any person or company other than a Government company: Provided that no political party shall be eligible to accept any contribution from any foreign source defined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976).

_____________________________________________________________________________________ 1. Ins. by Act 46 of 2003, s. 2.

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(b) the State in which its head office is situate;

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) Explanation.—For the purposes of this section and section 29C,— (a) “company” means a company as defined in section 3; (b) “Government company” means a company within the meaning of section 617; and (c) “contribution” has the meaning assigned to it under section 293A,

(d) “person” has the meaning assigned to it under clause (31) of section 2 of the Income-tax Act, 1961 (43 of 1961), but does not include Government company, local authority and every artificial juridical person wholly or partially funded by the Government.

29C. Declaration of donation received by the political parties.—(1) The treasurer of a political party or any other person authorised by the political party in this behalf shall, in each financial year, prepare a report in respect of the following, namely:— (a) the contribution in excess of twenty thousand rupees received by such political party from any person in that financial year; (b) the contribution in excess of twenty thousand rupees received by such political party from companies other than Government companies in that financial year.

(2) The report under sub-section (1) shall be in such form as may be prescribed.

(3) The report for a financial year under sub-section (1) shall be submitted by the treasurer of a political party or any other person authorised by the political party in this behalf before the due date for furnishing a return of its income of that financial year under section 139 of the Income-tax Act, 1961 (43 of 1961), to the Election Commission.

(4) Where the treasurer of any political party or any other person authorised by the political party in this behalf fails to submit a report under sub-section (3) then, notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961), such political party shall not be entitled to any tax relief under that Act.]

PART V CONDUCT OF ELECTIONS CHAPTER I.—Nomination of Candidates 1

[30. Appointment of dates for nominations, etc.—As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint — (a) the last date for making nominations, which shall be the 2[seventh day] after the date of publication of the first-mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;

_____________________________________________________________________________________ 1. Subs. by Act 27 of 1956, s. 14, for s. 30.

2. Subs. by Act 40 of 1961, s. 7, for "tenth day" (w.e.f. 20-9-1961).

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of the Companies Act, 1956 (1 of 1956) and includes any donation or subscription offered by any person to a political party; and

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament)

(b) the date for the scrutiny of nominations, which shall be 1[the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday ; (c) the last date for the withdrawal of candidatures, which shall be 2[the second day] after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the 3[fourteenth day] after the last date for the withdrawal of candidatures; and

31. Public notice of election. —On the issue of a notification under section 30, the returning officer 5*** shall give public notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.

32. Nomination of candidates for election. —Any person may be nominated as a candidate for election to fill a seat 6*** if he is qualified to be chosen to fill that seat under the provisions of the Constitution and this Act 7*** 8[or under the provisions of the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.]

9

[33. Presentation of nomination paper and requirements for a valid nomination. —(1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer : 10

[Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election form a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency:

Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday: Provided also that in the case of a local authorities' constituency, graduates' constituency or teachers' constituency, the reference to "an elector of the constituency as proposer" shall be construed as a reference to ten per cent. of the electors of the constituency or ten such electors, whichever is less, as proposers.]

_____________________________________________________________________________________ 1. Subs. by Act 47 of 1966, s. 27, for "the second day after" (w.e.f. 14-12-1966).

2. Subs. by s. 27, ibid., for "the third day" (w.e.f. 14-12-1966).

3. Subs. by Act 21 of 1996, s. 5, for "twentieth day" (w.e.f. 1-8-1996).

4. Explanation omitted by Act 47 of 1966, s. 27 (w.e.f. 14-12-1966).

5. The words "for the constituency" omitted by s. 28, ibid. (w.e.f. 14-12-1966).

6. The words "in any constituency" omitted by Act 27 of 1956, s. 15.

7. Certain words ins. by s. 15, ibid., and omitted by the Adaptation of Laws (No. 2) Order, 1956.

8. Ins. by Act 20 of 1963, s. 57 and the Second Sch. 9. Subs. by Act 27 of 1956, s. 16, for s. 33.

10. Subs. by Act 21 of 1996, s. 6, for the provisos (w.e.f. 1-8-1996).

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(e) the date before which the election shall be completed.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 1

[(1A) Notwithstanding anything contained in sub-section (1) for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution), the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed : Provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and— (a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty electors of the constituency as proposers and twenty electors of the constituency as seconders;

(c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer: Provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday.]

(2) In a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a Scheduled Caste or, as the case may be, a Scheduled Tribe of the State.

(3) Where the candidate is a person who, having held any office referred to in 2[section 9] has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State.

(4) On the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls : 3 [Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.]

(5) Where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrutiny.

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[(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:

Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer for election in the same constituency.]

5 [(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be nominated as a candidate for election,— (a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies;

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).

Subs. by Act 38 of 1978, s. 3 and the Second Sch., for "clause (f) of section 7".

Subs. by Act 47 of 1966, s. 29, for the proviso (w.e.f. 14-12-1966).

Subs. by Act 40 of 1961, s. 8, for sub-section (6) (w.e.f. 20-9-1961).

Ins. by Act 21 of 1996, s. 6 (w.e.f. 1-8-1996).

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(b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders;

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (b) in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State; (c) in the case of a biennial election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State; (d) in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats; (e) in the case of bye-elections to the House of the People from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies;

(g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats; (h) in the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies.

Explanation.— For the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the Election Commission under section 147, section 149, section 150 or, as the case may be, section 151 on the same date.]

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[33A. Right to information.—(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (1) or section 33, also furnish the information as to whether – (i) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction; (ii) he has been convicted of an offence [other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8] and sentenced to imprisonment for one year or more.

(2) The candidate of his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form very fine the information specified in sub-section (1).

(3) The returning officer shall, as soon as may be after the furnishing of information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.]

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[33B. Candidate to furnish information only under the Act and the rules.—Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election which is not required to be disclosed or furnished under this Act or the rules made thereunder.]

34. Deposits.—3[(1) A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited,— (a) in the case of an election from a Parliamentary constituency, 4[a sum of twenty-five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve thousand five hundred rupees] ; and ______________________________________________________________________________________________________ 1. Ins. by Act 72 of 2002, s. 2 (w.e.f. 24-8-2002).

2. Subs. by s. 3, ibid. (w.e.f. 2-5-2002).

3. Subs. by Act 21 of 1996, s. 7, for sub-section (1) (w.e.f. 1-8-1996).

4. Subs. by Act 41 of 2009, s.5, for certain words (w.e.f. 1-2-2010).

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(f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies;

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (b) in the case of an election from an Assembly or Council constituency, 1[a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees] : Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section.]

35. Notice of nominations and the time and place for their Scrutiny.—The returning officer shall, on receiving the nomination paper 2[under sub-section (1) or, as the case may be, sub-section (1A) of section 33], inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of 3[the proposer].

36. Scrutiny of nominations.—(1) On the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer 4* * * of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint; and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33.

(2) The returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, 5[reject] any nomination on any of the following grounds:— 6

[(a) 7[that on the date fixed for the scrutiny of nominations the candidate] either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:— Articles 84, 102, 173 and 191, 8* * * 9

[Part II of this Act, and sections 4 and 14 of the Government of Union Territories Act, 1963 (20 of 1963)] 10***; or (b) that there has been a failure to comply with any of the provisions of section 33 or section 34 ; or (c) that the signature of the candidate or the proposer on the nomination paper is not genuine.

(3) Nothing contained in 11[clause (b) or clause (c)] of sub-section (2) shall be deemed to authorise the 12[rejection] of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. ______________________________________________________________________________________________________ 1. Subs. by Act 41 of 2009, s. 6, for certain words (w.e.f. 1-2-2010).

2. Subs. by Act 10 of 1976, s. 2 and Sch., for certain words (w.e.f. 9-9-1975).

3. Subs. by Act 27 of 1956, s. 18, for certain words.

4. The words "and one seconder" omitted by s. 19, ibid.

5. Subs. by s. 19, ibid., for "refuse".

6. Subs. by s. 19, ibid., for cls. (a) to (e).

7. Subs. by Act 40 of 1961, s. 9, for "that the candidate" (w.e.f. 20-9-1961).

8. The word "and" ins. by the Adaptation of Laws (No. 2) Order, 1956 and omitted by Act 20 of 1963, s. 57 and the Second Sch. 9. Subs. by Act 20 of 1963, s. 57 and the Second Sch. for certain words.

10. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

11. Subs. by Act 27 of 1956, s. 19. for "clause (c), clause (d) or clause (e)".

12. Subs. by s. 19, ibid., for "refusal".

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(2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of delivery of the nomination paper 2[under sub-section (1) or, as the case may be, sub-section (1A) of section 33] the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a Government Treasury.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (4) The returning officer shall not reject any nomination paper on the ground of any 1* * * defect which is not of a substantial character.

(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case 2[an objection is raised by the returning officer or is made by any other person] the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned.

3

[(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950).

(8) Immediately after all the nomination papers have been scrutinised and decisions accepting or ejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board.]

37. Withdrawal of candidature.—(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three o'clock in the afternoon on the day fixed under clause (c) of section 30 to the returning officer either by such candidate in person or by his proposer, 4* * * or election agent who has been authorized in this behalf in writing by such candidate.

4

*

*

*

*

*

(2) No person who has given a notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice.

5

[(3) The returning officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.]

6

[38. Publication of list of contesting candidates.— (1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validily nominated candidates and who have not withdrawn their candidature within the said period.

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[(2) For the purpose of listing the names under sub-section (1), the candidates shall be classified as follows, namely:— (i) candidates of recognised political parties; (ii) candidates of registered political parties other than those mentioned in clause (i); (iii) other candidates.

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

The word "technical" omitted by Act 27 of 1956, s. 19.

Subs. by Act 40 of 1961, s. 9, for "an objection is made" (w.e.f. 20-9-1961).

Subs. by Act 27 of 1956, s. 19, for sub-section (7).

The word "seconder" and the proviso omitted by s. 20, ibid.

Subs. by Act 40 of 1961, s. 10, for sub-section (3) (w.e.f. 20-9-1961).

Subs. by Act 27 of 1956, s. 21, for s. 38.

Subs. by Act 21 of 1996, s. 8, for sub-section (2) (w.e.f. 1-8-1996).

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(6) The returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed.]

1

[39. Nomination of candidates at other elections.—(1) As soon as the notification calling upon the elected members or the members of the Legislative Assembly of a State or the members of the electoral college of a 2[Union territory] to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint—

(b) the date for the scrutiny of nominations, which shall be 4[the day immediately following] the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (c) the last date for the withdrawal of candidatures, which shall be 5[the second day] after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures; and (e) the date before which the election shall be completed.

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*

*

*

*

*

(2) The provisions of sections 31 to 38, excluding sub-sections (2) and (5) of section 33 and 7[clause (a) of subsection (1) of section 34], shall apply in relation to any such election as they apply in relation to an election in any constituency : Provided that— (a) any references in the said provisions to the electoral roll of the constituency shall, unless the context otherwise requires, be construed, in the case of an election by the members or the elected members of the Legislative Assembly of the State, as references to the list of members or elected members, as the case may be, of that Assembly maintained under sub-section (1) of section 152, and in the case of an election by the members of the electoral college of a 2[Union territory], as references to the list of members of such electoral college maintained under sub-section (2) of that section; 9

[(aa) the reference in the opening paragraph of sub-section (1) of section 33 to "an elector of the constituency as proposer" shall be construed as a reference to "ten per cent. of the elected members or of the members of the Legislative Assembly of a State or of the members of the electoral college of a Union territory, as the case may be, or ten members concerned, whichever is less, as proposers": Provided that where as a result of the calculation of the percentage referred to in this clause, the number of members arrived at is a fraction and if the fraction so arrived at is more than one-half it shall be counted as one, and if the fraction so arrived at is less than one-half it shall be ignored;] ______________________________________________________________________________________________________ 1. Subs. by Act 27 of 1956, s. 22, for s. 39.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part C State".

3. Subs. by Act 40 of 1961, s. 11, for "tenth day" (w.e.f. 20-9-1961).

4. Subs. by Act 47 of 1966, s. 30, for "the second day after" (w.e.f. 14-12-1966).

5. Subs. by s. 30, ibid., for "the third day" (w.e.f. 14-12-1966).

6. Explanation omitted by s. 30, ibid. (w.e.f. 14-12-1966).

7. Subs. by Act 58 of 1958, s. 19, for " section 34".

8. Ins. by Act 1 of 1989, s. 8 (w.e.f. 1-4-1989).

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(a) the last date of making nominations, which shall be the 3[seventh day] after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 1 2

[ [(ab)] in the case of an election to the Legislative Council of a State by the members of the Legislative Assembly of that State, clause (a) of sub-section (2) of section 36 shall be construed as including a reference to subclause (d) of clause (3) of article 171;] (b) any reference in the said provisions to section 30 shall be construed as references to sub-section (1) of this section; and (c) at the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or a certified copy of the relevant entries in such roll.]

[39A. Allocation of equitable sharing of time.—(1) Notwithstanding anything contained in any other law for the time being in force, the Election Commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address public in connection with an election.

(2) The allocation of equitable sharing of time under sub-section (1), in respect of an election, shall be made after the publication of list of contesting candidates under section 38 for the election and shall be valid till forty-eight ours before the hour fixed for poll for such election.

(3) The allocation of equitable sharing of time under sub-section (1) shall be binding on all political parties concerned.

(4) The Election commission may, for the purpose of this section, make code of conduct for cable operators and electronic media and the cable operators and every person managing or responsible for the management of the electronic media shall abide by such code of conduct.

Explanation.—For the purposes of this section,— (a) “electronic media” includes radio and any other broadcasting media notified by the Central Government in the Official gazette; (b) “cable television network” and “cable operator” have the meanings respectively assigned to them under the cable Television Networks (Regulation) Act, 1995 (7 of 1995).

CHAPTER II.—Candidates and their agents 4

[40. Election agents.—A candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer.]

5

[41. Disqualification for being an election agent.—Any person who is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.]

______________________________________________________________________________________________________ 1. Ins. by Act 47 of 1966, s. 30 (w.e.f. 14-12-1966).

2. Cl.(aa) relettered as cl. (ab) by Act 1 of 1989, s. 8 (w.e.f. 1-4-1989).

3. Ins. by Act 46 of 2003, s. 3 (w.e.f. 24-9-2003).

4. Subs. by Act 27 of 1956, s. 23, for s. 40.

5. Subs. by Act 47 of 1966, s. 31, for s. 41 (w.e.f. 14-12-1966).

Important Legislations & Laws [BestCurrentAffairs.com] Page 21

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[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 42. Revocation of the appointment, or death, of an election agent.—(1) Any revocation of the appointment of an election agent, 1*** shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer.

2

[(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]

43. [Effect of default in appointment of election agent under section 42.] Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 25.

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[45. Functions of election agents.—An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.]

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[46. Appointment of polling agents.—A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll.]

5

[47. Appointment of counting agents.—A contesting candidate or his election agent may appoint in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer.]

48. Revocation of the appointment or death of a polling agent or counting agent.—(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed.

(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such a revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the returning officer.

49. Functions of polling agents and counting agents.—(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act to be performed by a polling agent.

(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.

50. Attendance of contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent.— (1) At every election where a poll is taken, each 6[contesting candidate] at such election and his election agent shall have a right to be present at any polling station provided under section 25 for the taking of the poll or at the place fixed under sub-section (1) of section 29 for the poll. _______________________________________________________________________________________________________________________________ 1. The words "whether he be the candidate himself or not" omitted by Act 27 of 1956, s. 24.

2. Subs. by s. 24, ibid., for sub-section (2).

3. Subs. by s. 26, ibid., for s. 45.

4. Subs. by s. 27, ibid., for s. 46.

5. Subs. by s. 28, ibid., for s. 47.

6. Subs. by Act 58 of 1958, s. 20, for "candidate".

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44. [Duty of the election agent to keep accounts.] Rep. by s. 25, ibid.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (2) A 1[contesting candidate] or his election agent may himself do any act or thing which any polling agent or the counting agent of such 6[contesting candidate] if appointed, would have been authorised by or under this Act to do, or may assist any polling agent or the counting agent of such 2[contesting candidate] in doing any such act or thing.

51. Non-attendance of polling or counting agents.— Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

CHAPTER III.—General Procedure at Elections

[52. Death of candidate of reorganised political party before poll.— (1) If a candidate, set up by a recognised political party,— (a) dies at any time after 11 A.M. on the last date for making nomination and his nomination is found valid on scrutiny under section 36; or (b) whose nomination has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 37 dies; and in either case, a report of his death is received at any time before the publication of the list of contesting candidate under section 38; or (c) dies as a contesting candidate and a report of his death is received before the commencement of the poll, the returning officer shall, upon being satisfied about the fact of the death of the candidate, by order announce an adjournment of the poll to a date to be notified later and report the fact to the Election Commission and also to the appropriate authority: Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate: (2) The Election Commission shall, on receipt of a report from the returning officer under sub-section (1), call upon the recognised political party, whose candidate has died, to nominate another candidate for the said poll within seven days of issue of such notice to such recognised political party and the provisions of sections 30 to 37 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations: Provided that no person who has given a notice of withdrawal of his candidature under sub-section (1) of section 37 before the adjournment of the poll shall be ineligible for being nominated as a candidate for election after such adjournment.

(3) Where a list of contesting candidates had been published under section 38 before the adjournment of the poll under sub-section (1), the returning officer shall again prepare and publish a fresh list of contesting candidates under that section so as to include the name of the candidate who has been validly nominated under sub-section (2).

Explanation.—For the purposes of this section, sections 33 and 38, "recognised political party" means a political party reorganised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968.]

_____________________________________________________________________________________ 1. Subs. by Act 58 of 1958, s. 20, for "candidate".

2. Subs. by Act 2 of 1992, s. 2, for s. 52 and again subs. by Act 21 of 1996, s. 9 (w.e.f.1-8-1996).

Important Legislations & Laws [BestCurrentAffairs.com] Page 23

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[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 53. Procedure in contested and uncontested elections.—1[(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.]

(2) If the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.

Provided that where the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college 3*** having already been called upon under this sub-section, has or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the 2[Election Commission] shall not be bound to call again upon the constituency, or such members to elect a person or persons 5[until it is satisfied that if called upon again, there will be no such failure on the part of the constituency or such members].

54. [Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes.] Rep. by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 12 (w.e.f. 20-9-1961).

55. Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes.—For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the Constitution and this Act 6[or under the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.]

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[55A. [Retirement from contest at elections in Parliamentary Representation of the People (Amendment) Act, 1958 (58 of 1958), s. 22.

and Assembly

constituencies.]

Rep.

by the

CHAPTER IV.— The Poll 56. Fixing time for poll.—The 8[Election Commission] shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner as may be prescribed: Provided that the total period allotted on any one day for polling at an election in 9[a Parliamentary or Assembly constituency] shall not be less than eight hours.

57. Adjournment of poll in emergencies.—(1) If at an election the proceedings at any polling station provided under section 25 or at the place fixed under sub-section (1) of section 29 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

8.

9.

Subs. by Act 27 of 1956, s. 30, for sub-section (1).

Subs. by s. 30, ibid., for "appropriate authority".

The words "or the elected members of the Coorg Legislative Council” omitted by Act 49 of 1951, s. 44 and the Fifth Sch. The words "before such date as may be appointed in this behalf by the Election Commission and specified in the notification " omitted by Act 27 of 1956, s. 30.

Subs. by s. 30, ibid., for "until such date as the Election Commission may specify in this behalf".

Ins. by Act 20 of 1963, s. 57 and the Second Schedule. The words "or under the Government of Part C States Act, 1951 (49 of 1951), as the case may be" ins. by Act 27 of 1956, s. 32, and omitted by the Adaptation of Laws (No. 2) Order, 1956.

Ins. by Act 27 of 1956, s. 33.

Subs. by s. 34, ibid., for "appropriate authority".

Subs. by Act 58 of 1958, s. 23, for "a constituency".

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(3) If the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 2[Election Commission] shall, by notification in the Official Gazette, call upon the constituency or the elected members or the members of the State Legislative Assembly or the members of the electoral college concerned 3***, as the case may be, to elect a person or persons to fill the remaining seat or seats 4*** :

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (2) Whenever a poll is adjourned under sub-section (1), the returning officer shall immediately report the circumstances to the appropriate authority and the Election Commission, and shall, as soon as may be, with the previous approval of the Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which and the hours during which the poll will be taken and shall not count the votes cast at such election until such adjourned poll shall have been completed.

(3) In every such case as aforesaid; the returning officer shall notify in such manner as the Election Commission may direct the date, place and hours of polling fixed under sub-section (2).

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(a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or 2

[(aa) any voting machine develops a mechanical failure during the course of the recording of votes; or]

(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the Election Commission.

(2) Thereupon the Election Commission shall, after taking all material circumstances into account; either— (a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that 5[the mechanical failure of the voting machine or] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election.

(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.]

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[58A. Adjournment of poll or countermanding of election on the ground of booth capturing.—(1) If at any election,— (a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or

_____________________________________________________________________________________ 1. Subs. by Act 40 of 1961, s. 13, for s. 58 (w.e.f. 20-9-1961).

2. Ins. by Act 1 of 1989, s. 9 (w.e.f. 15-3-1989).

3. Ins. by s. 10, ibid. (w.e.f. 15-3-1989).

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[58. Fresh poll in the case of destruction, etc., of ballot boxes.—(1) If at any election,—

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament)

(b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission.

(2) The Election Commission shall, on the receipt of a report from the returning officer under sub-section (1) and after taking all material circumstances into account, either—

(b) if satisfied that in view of the large number of polling stations or places involved in booth capturing the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that constituency.

Explanation.—In this section, "booth capturing" shall have the same meaning as in section 135A.] 59. Manner of voting at elections.—At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, 1[and, save as expressly provided by this Act, no votes shall be received by proxy:] 2

[ Provided that the votes at every election to fill a seat or seats in the Council of States shall be given by open ballot.]

3

[60. Special procedure for voting by certain classes of persons.—Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling,— (a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the Representation of the People Act, 1950 (43 of 1950), (hereinafter in this section referred to as the 1950-Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken; (b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:— (i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of section 20 of the 1950-Act; (ii) the wife of any such person to whom the provisions of sub-section (3) of section 20 of the 1950-Act apply and such wife being ordinarily residing with that person in terms of sub-section (6) of that section; (c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirement as may be specified in those rules. (d) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules.]

_____________________________________________________________________________________ 1. Subs. by Act 24 of 2003, s. 2 (w.e.f. 22-9-2003).

2. Ins. by Act 40 of 2003, s. 3.

3. Subs. by Act 24 of 2003, s. 3, (w.e.f. 22-9-2003).

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(a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 1

[61. Special procedure for preventing personation of electors.—With a view to preventing personation of electors provision may be made by rules made under this Act:—

(b) for the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him if under rules made in that behalf under the Representation of the People Act, 1950 (43 of 1950), electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and (c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station.]

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[61A. Voting machines at elections.—Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.

Explanation.—For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.]

62. Right to vote.—(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of by any constituency shall be entitled to vote in that constituency.

(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950).

(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.

(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void. _____________________________________________________________________________________ 1. Subs. by Act 58 of 1958, s. 25, for s. 61.

2. Ins. by Act 1 of 1989, s. 11 (w.e.f. 15-3-1989).

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(a) for the marking with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him;

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951

(PART II.—Acts of Parliament) (5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police: Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.

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[(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.].

63. [Method of voting.] Rep. by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 14 (w.e.f. 20-9-1961).

64. Counting of votes.—At every election where a poll is taken, votes shall be counted by, or under the 2[supervision and direction] of, the returning officer, and each 3[contesting candidate], his election agent and his 4[counting agents], shall have a right to be present at the time of counting.

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[64A. Destruction, loss, etc., of ballot papers at the time of counting.—(1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the Election Commission.

(2) Thereupon, the Election Commission shall, after taking all material circumstances into account, either— (a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.

(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.]

65. Equality of votes.—If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

66. Declaration of results.—When the counting of the votes has been completed, the returning officer 6[shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare] the result of the election in the manner provided by this Act or the rules made thereunder.

67. Report of the result.—As soon as may be after the result of an election has been declared, the returning officer shall report the result to the appropriate authority and the Election Commission, and in the case of an election to a _____________________________________________________________________________________________________ 1. Ins. by Act 24 of 2003, s. 4 (w.e.f. 22-9-2003).

2.

3.

4.

5.

6.

Subs. by Act 27 of 1956, s. 36, for "supervision".

Subs. by Act 58 of 1958, s. 26, for "candidate".

Subs. by Act 27 of 1956, s. 36, for "counting agent".

Ins. by Act 47 of 1966, s. 34 (w.e.f. 14-12-1966).

Subs. by s. 35, ibid., for "shall forthwith declare" (w.e.f. 14-12-1966).

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CHAPTER V.—Counting of Votes

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) House of Parliament or of the Legislature of a State also to the Secretary of that House, and the appropriate authority shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates.

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[67A. Date of election of candidate.—For the purposes of this Act, the date on which a candidate is declared by the returning officer under the provisions of section 53, 2***, 3*** or section 66, to be elected to a House of Parliament or of the Legislature of a State 4*** shall be the date of election of that candidate.]

68. Vacation of seats when elected to both Houses of Parliament.—(1) Any person who is chosen a member of both the Houses of the People and the Council of States and who has not taken his seat in either House may, by notice in writing signed by him and delivered to the Secretary to the Election Commission 5[within ten days from the date, or the later of the dates, on which he is so chosen, intimate] in which of the Houses he wishes to serve, and thereupon, his seat in the House in which he does not wish to serve shall become vacant.

(2) In default of such intimation within the aforesaid period, his seat in the Council of States shall, at the expiration of that period, become vacant.

(3) Any intimation given under sub-section (1) shall be final and irrevocable.

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[(4) For the purposes of this section and of section 69, the date on which a person is chosen to be a member of either House of Parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the Gazette of India of his nomination.]

69. Vacation of seats by persons already members of one House on election to other House of Parliament.— (1) If a person who is already a member of the House of the People and has taken his seat in such House is chosen a member of the Council of States, his seat in the House of the People shall, 7[on the date on which he is so chosen], become vacant.

(2) If a person who is already a member of the Council of States and has taken his seat in such Council is chosen a member of the House of the People, his seat in the Council of States shall, 7[on the date on which he is so chosen], become vacant. *70. Election to more than one seat in either House of Parliament or in the House or either House of the legislature of a State.—If a person is elected to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed time he resigns all but one of the seats 8[by writing under his hand addressed to the Speaker or Chairman, as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become vacant.

CHAPTER VII.—Publication of election Results and Nominations 9

[71. Publication of results of elections to the Council of States and of names of persons nominated by the President.—After the elections held in any year in pursuance of the notifications issued under section 12, there shall be notified by the appropriate authority in the Official Gazette the names of members elected by the elected members of the ______________________________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

8.

9. *

Ins. by Act 27 of 1956, s. 37.

The word and figures "section 54" omitted by Act 40 of 1961, s. 15 (w.e.f. 20-9-1961).

The word, figures and letter " section 55A " omitted by Act 58 of 1958, s. 27.

Certain words omitted by Act 103 of 1956, s. 66.

Subs. by Act 27 of 1956, s. 38, for certain words.

Ins. by s. 38, ibid.

Subs. by s. 39, ibid., for "on the publication in the Gazette of India of the declaration that he hits been so chosen".

Ins. by s. 40, ibid.

Subs. by s. 41, ibid., for ss. 71 to 75.

See rule 91 of the Conduct of Election Rules, 1961 (page 76 of Vol. II). In relation to Prohibition relating to membership both of Parliament and of a House of the Legislature of a State, see also the Prohibition of Simultaneous Membership Rules, 1950 published under articles 101(2) and 190(2) of the Constitution vide Notification No.F.46/50—C, dated 26th January, 1950, in the Gazette of India, Extraordinary, page 678 (Pages 140 of Vol. I).

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CHAPTER VI.—Multiple Elections

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) Legislative Assemblies of the States and by the members of the electoral colleges for the various 1[Union territories] at the said elections together with the names of any persons nominated by the President of the Council of States under sub-clause (a) of clause (1) of article 80 or under any other provisions.

73. Publication of results of general elections to the House of the People and the State Legislative Assemblies.— Where a general election is held for the purpose of constituting a new House of the People or a new State Legislative Assembly, there shall be notified by 2[the Election Commission] in the Official Gazette, as soon as may be after 3[the results of the elections in all the constituencies] [other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 or for which the time for completion of the election has been extended under the provisions of section 153] have been declared by the returning officer under the provisions of section 53 or, as the case may be, section 66, the names of the members elected for those constituencies] 4* * * and upon the issue of such notification that House or Assembly shall be deemed to be duly constituted: Provided that the issue of such notification shall not be deemed— 5

[(a) to preclude—

(i) the taking of the poll and the completion of the election in any Parliamentary or Assembly constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30; or (ii) the completion of the election in any Parliamentary or Assembly constituency or constituencies for which time has been extended under the provisions of section 153; or] (b) to affect the duration of the House of the People or the State Legislative Assembly, if any, functioning immediately before the issue of the said notification.

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[73A. Special provisions as to certain elections.—Notwithstanding anything contained in section 73 or in any other provision of this Act, with respect to the general election for the purpose of constituting a new House of the People upon dissolution of the Ninth House of the People,— (a) the notification under section 73 may be issued without taking into account the Parliamentary constituencies in the State of Jammu and Kashmir; and (b) the Election Commission may take the steps in relation to elections from the Parliamentary constituencies in the State of Jammu and Kashmir separately and in such manner and no such date or dates as it may deem appropriate.]

74. Publication of results of elections to the State Legislative Councils and of names of persons nominated to such Councils.—After the elections held 7[in pursuance of the notifications issued under section 15A or] in any year in pursuance of the notifications issued under section 16, there shall be notified by the appropriate authority in the Official Gazette the names of the members elected for the various Council constituencies and by the members of the Legislative Assembly of the State at the said elections together with the names of any persons nominated by the Governor 8*** under sub-clause (e) of clause (3) of article 171.] ______________________________________________________________________________________________________ 1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part C States".

2. Subs. by Act 40 of 1961, s. 16, for "the appropriate authority" (w.e.f. 20-9-1961).

3. Subs. by Act 10 of 1967, s. 2, for certain words.

4. Certain words omitted by Act 40 of 1961, s. 16 (w.e.f. 20-9-1961).

5. Subs. by Act 10 of 1967, s. 2, for cl. (a).

6. Subs. by Act 31 of 1991, s. 2, for ss 73A and 73AA (w.e.f. 18-4-1991).

7. Ins. by Act 37 of 1957, s. 13.

8. The words " or Rajpramukh, as the case may be" omitted by the Adapatation of Laws (No. 2) Order, 1956.

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72. [Publication of results of elections for the reconstitution of electoral colleges for certain Union territories.]

Rep. by the Territorial Councils Act, 1956 (103 of 1956), s. 66.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 1

[CHAPTER VIIA.—DECLARATION OF ASSETS AND LIABILITIES

75A. Declaration of assets and liabilities.—(1) Every elected candidate for a House of Parliament shall, within ninety days from the date on which he makes and subscribes an oath or affirmation, according to the form set out for the purpose in the Third Schedule to the Constitution, for taking his seat in either House of Parliament, furnish the information, relating to— (i) the movable and immovable property of which he, his spouse and his dependant children are jointly or severally owners or beneficiaries; (ii) his liabilities to any public financial institution; and (iii) his liabilities to the Central Government or the State Government,

(2) The information under sub-section (1) shall be furnished in such form and in such manner as may be prescribed in the rules made under sub-section (3).

(3) The Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may make rules for the purposes of sub-section (2).

(4) The rules made by the Chairman of the Council of States or the Speaker of the House of the People, under sub-section (3) shall be laid, as soon as may be after they are made, before the Council of States or the House of the People, as the case may be, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the Council of States or the House of the People and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect.

(5) The Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may direct that any wilful contravention of the rules made under sub-section (3) by an elected candidate for a House of Parliament referred to in sub-section (1) may be dealt with in the same manner as a breach of privilege of the Council of States or the House of the People, as the case may be.

Explanation.—For the purposes of this section,— (i) “immovable property” means the land and includes any building or other structure attached to the land or permanently fastened to anything which is attached to the land; (ii) “movable property” means any other property which is not the immovable property and includes corporeal and incorporeal property of every description; (iii) “public financial institution” means a public financial institution within the meaning of section 4A of the Companies Act, 1956 (1of 1956), and includes bank; (iv) “bank” referred to in clause (iii) means— (a) State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955); (b) subsidiary bank having the meaning assigned to it in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (c) Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976); (d) corresponding new bank having the meaning assigned to it in clause (da) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); and (e) co-operative bank having the meaning assigned to it in clause (cci) of section 5 of the Banking Regulation Act, 1949 (10 of 1949) as modified by sub-clause (i) of clause (c) of section 56 of that Act; and (v) “dependant children” means sons and daughters who have no separate means of earning and are wholly dependant on the elected candidate referred to in sub-section (1) for their livelihood.] ______________________________________________________________________________________________________ 1. Ins. by Act 72 of 2002, s. 4 (w.e.f. 24-8-2002).

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to the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) CHAPTER VIII.—Election Expenses 1

[76. Application of Chapter.—This Chapter shall apply only to the elections to the House of the People and to the Legislative Assembly of a State.

77. Account of election expenses and maximum thereof.—(1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between 2[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.

[Explanation 1.—For the removal of doubts, it is hereby declared that—

(a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorised by a candidate of that political party or his election agent for the purposes of this sub-section. (b) any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this sub-section.

Explanation 2.—For the purposes of clause (a) of Explanation 1, the expression “leaders of a political party”, in respect of any election, means,— (i) where such political party is a recognised political party, such persons not exceeding forty in number, and (ii) where such political party is other than a recognised political party, such persons not exceeding twenty in number, whose names have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders for the purposes of such election, within a period of seven days from the date of the notification for such election published in the Gazette of India or Official Gazette of the State, as the case may be, under this Act: Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as the case may be, in clause (ii) dies or ceases to be a member of such political party, by further communication to the Election Commission and the Chief Electoral Officers of the States, substitute new name, during the period ending immediately before forty-eight hours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died or ceased to be a member, for the purposes of designating the new leader in his place.]

(2) The account shall contain such particulars, as may be prescribed.

(3) The total of the said expenditure shall not exceed such amount as may be prescribed.

78. Lodging of account with the district election officer.—4[(1)] Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the 5[district election officer] an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77.]

______________________________________________________________________________________________________ 1. Subs. by Act 27 of 1956, s. 42, for ss. 76 to 78.

2. Subs. by Act 40 of 1975, s. 6, for certain words (retrospectively).

3. Subs. by Act 46 of 2003, s. 4, for the Explanation.

4. S. 78 re-numbered as sub-section (1) of that section by Act 47 of 1966, s. 36.

5. Subs. by Act 47 of 1966, s. 36, for "returning officer".

6. Ins. by s. 36, ibid. (w.e.f. 14-12-1966) and omitted by Act 2 of 2004, s. 3(b).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 1 [PART VA FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES 78A. Free supply of copies of electoral rolls.—(1) The Government shall, at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State, supply, free of cost, to the candidates of recognised political parties such number of copies of the electoral roll, as finally published under the Representation of the People Act, 1950 (43 of 1950) and such other material as may be prescribed.

(2) The material referred to in sub-section (1) shall be supplied,—

78B. Supply of certain items to candidates, etc.—(1) The Election Commission shall, at any time between the date of publication of the notification calling the election for the purposes of consitituting the House of the People or the Legislative Assembly of a State and the date on which the poll is to be taken, supply or cause to be supplied, such items as the Central Government may, by order, determine in consultation with the Election Commission, to the electors in the constituencies concerned or to the candidates set up by the recognised political parties.

(2) Where the Election Commission supplies the items to the candidates under sub-section (1), the Central Government may, in consultation with the Election Commission, impose conditions with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77.

Explanation.—For the purposes of section 39A, this Chapter and clause (hh) of sub-section (2) of section 169, the expression “recognised political party”, has the meaning assigned to it in the Election Symbols (Reservation and Allotment) Order, 1968.].

PART VI DISPUTES REGARDING ELECTIONS CHAPTER I.—Interpretation 79. Definitions.—In this Part and in 2[Part VII] unless the context otherwise requires,— 3

[(a) any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be;] 4

[(b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at any election;] (c) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition; (d) "electoral right" means the right of a person to stand or not to stand as, or withdraw] from being, a candidate, or to vote or refrain from voting at an election;

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[to withdraw or not to

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[(e) "High Court" means the High Court within the local limits of whose jurisdiction the election to which the election petition relates has been held;] (f) "returned candidate" means a candidate whose name has been published under section 67 as duly elected.

_____________________________________________________________________________________ 1. Ins. by Act 46 of 2003, s. 5.

2. Subs. by Act 47 of 1966, s. 37, for Parts VII and VIII. 3. Ins. by s. 37, ibid., Original cl. (a) was omitted by Act 27 of 1956, s. 43.

4. Subs. by Act 40 of 1975, s. 7, for cl. (b) (retrospectively).

5. Subs. by Act 47 of 1966, s. 37, for "to withdraw" (w.e.f. 14-12-1966).

6. Subs. by s. 37, ibid., for cl. (e) (w.e.f. 14-12-1966).

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(i) subject to such conditions as may be imposed by the Central Government in consultation with the Election Commission with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77; and (ii) through such officers as may be specified by the Election Commission who shall act in accordance with such general or special directions as may be given by the Election Commission.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) CHAPTER II.—Presentation of Election Petitions to 1[High Court] 80. Election petitions.—No election shall be called in question except by an election petition presented in accordance with the provisions of this Part.

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[80A. High Court to try election petitions.—(1) The Court having jurisdiction to try an election petition shall be the High Court.

(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose:

(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.]

81. Presentation of petitions.—(1) An election petition calling in question any election may be presented on one or more of the grounds specified in 3[sub-section (1)] of section 100 and section 101 to the 4[High Court] by any candidate at such election or any elector 5[within forty-five days from, but not earlier than the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates].

Explanation.—In this sub-section, "elector" means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not.

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[(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition 8***, and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.]

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[82. Parties to the petition.—A petitioner shall join as respondents to his petition— (a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and (b) any other candidate against whom allegations of any corrupt practice are made in the petition.]

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[83. Contents of petition.—(1) An election petition—

(a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and ______________________________________________________________________________________________________ 1. Subs. by Act 47 of 1966, s. 39, for "Election Commission" (w.e.f. 14-12-1966).

2. Ins. by s. 38, ibid. (w.e.f. 14-12-1966).

3. Subs. by Act 27 of 1956, s. 44, for "sub-sections (1) and (2)".

4. Subs. by Act 47 of 1966, s. 39, for “Election Commission” (w.e.f.14-12-1966).

5. Subs. by Act 27 of 1956, s. 44, for certain words.

6. Sub-section (2) omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966).

7. Ins. by Act 40 of 1961, s. 17 (w.e.f. 20-9-1961).

8. Certain words omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966).

9. Subs. by Act 27 of 1956, s. 45, for s. 82.

10. Subs. by s. 46, ibid., for s. 83.

Important Legislations & Laws [BestCurrentAffairs.com] Page 34

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Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings: 1

[Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.]

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.]

2

85. [Procedure on receiving petition.] Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 40.

CHAPTER III.—Trial of Election Petitions 3

[86. Trial of election petitions.—(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.

Explanation.—An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.

(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A. (3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.

(4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent.

Explanation.—For the purposes of this sub-section and of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition.

(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.

(6) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(7) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial. ______________________________________________________________________________________________________ 1. Ins. by Act 40 of 1961, s. 18 (w.e.f. 20-9-1961).

2. Subs. by Act 27 of 1956, s. 47, for s. 84.

3. Subs. by Act 47 of 1966, s. 41, for ss. 86 to 92 (w.e.f. 14-12-1966).

Important Legislations & Laws [BestCurrentAffairs.com] Page 35

For IAS Prelims 2020-21

[84. Relief that may be claimed by the petitioner.—A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.]

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament)

Provided that the High Court shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the Indian Evidence Act, 1872 (1 of 1972), shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.]

93. Documentary evidence.—Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

94. Secrecy of voting not to be infringed.—No witness or other person shall be required to state for whom he has voted at an election: 1

[Provided that this section shall not apply to such witness or other person where he has voted by open ballot.].

95. Answering of criminating questions and certificate of indemnity.—(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture: Provided that— (a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from 2[the High Court]; and (b) an answer given by a witness to a question put by or before 1[the High Court] shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code, 1860 (45 of 1860), or Part VII of this Act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.

96. Expenses of witnesses.—The reasonable expenses incurred by any person in attending to give evidence may be allowed by 2[the High Court] to such person and shall, unless 2[the High Court] otherwise directs, be deemed to be part of the costs.

97. Recrimination when seat claimed.—(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election: Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 3[commencement of the trial], given notice to 2[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.

(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and 4* * * particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.

98. Decision of the High Court.—At the conclusion of the trial of an election petition 2[the High Court] shall make an order— (a) dismissing the election petition; or

_____________________________________________________________________________________ 1.

2.

3.

4.

Ins. by Act 40 of 2003, s. 4.

Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).

Subs. by Act 27 of 1956, s. 52, for "the publication of the election petition under section 90".

The words "list of" omitted by s. 52, ibid.

Important Legislations & Laws [BestCurrentAffairs.com] Page 36

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87. Procedure before the High Court.—(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits:

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the people Act, 1951 (PART II.—Acts of Parliament) (b) declaring the election of 1[all or any of the returned candidates] to be void; or (c) declaring the election, of 1[all or any of the returned candidates] to be void and the petitioner or any other candidate to have been duly elected. 2* * * 2

*

*

*

*

*

99. Other orders to be made by the High Court.—(1) At the time of making an order under section 98 3[the High Court] shall also make an order— 4

(i) a finding whether any corrupt practice has or has not been proved to have been committed 5*** at the election, and the nature of that corrupt practice; and (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and] (b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid: Provided that 6[a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless— (a) he has been given notice to appear before 3[the High Court] and to show cause why he should not be so named; and (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by 3[the High Court] and has given evidence against him, of calling evidence in his defence and of being heard.

7

[(2) In this section and in section 100, the expression "agent" has the same meaning as in section 123.]

100. Grounds for declaring election to be void.—8[(1) Subject to the provisions of sub-section (2) if 3[the High Court] is of opinion— (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act 9[or the Government of Union Territories Act, 1963 (20 of 1963)]; or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

8.

9.

Subs. by Act 27 of 1956, s. 53, for "the returned candidate".

The word "or" and clause (d) omitted by s. 53, ibid.

Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).

Subs. by Act 27 of 1956, s. 54, for cl. (a).

Certain words omitted by Act 58 of 1958, s. 29.

Subs. by Act 27 of 1956, s. 54, for " no person shall be named".

Subs. by s. 54, ibid., for sub-section (2).

Subs. by s. 55, ibid., for sub-sections (1) and (2).

Ins. by Act 20 of 1963, s. 57 and the Second Sch. the words "or the Government of Part C States Act, 1951 (49 of 1951)" were omitted by the Adaptation of Laws (No. 2) Order, 1956.

Important Legislations & Laws [BestCurrentAffairs.com] Page 37

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[(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording—

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (c) that any nomination has been improperly rejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected— (i) by the improper acceptance or any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate 1[by an agent other than his election agent], or

(iv) by any non—compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, 2

[the High Court] shall declare the election of the returned candidate to be void.]

3

[(2)] If in the opinion of 2[the High Court], a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice 4*** but 2[the High Court] is satisfied— (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and 5[without the consent], of the candidate or his election agent; 6

*

*

*

*

*

(c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt 7*** practices at the election; and (d) that in all other respects the election was free from any corrupt 7*** practice on the part of the candidate or any of his agents, then 2[the High Court] may decide that the election of the returned candidate is not void.

101. Grounds for which a candidate other than the returned candidate may be declared to have been elected.—If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and 2[the High Court] is of opinion— (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but for the votes obtained by the returned candidate by corrupt 8* * * practices the petitioner or such other candidate would have obtained a majority of the valid votes, 2 [the High Court] shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.

102. Procedure in case of an equality of votes.—If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates,—

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

8.

Subs. by Act 58 of 1958, s. 30, for certain words.

Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).

Sub-section (3) re-numbered as sub-section (2) by Act 27 of 1956, s. 55.

The words and figures "specified in section 123 " omitted by s. 55, ibid.

Subs. by s. 55, ibid., for " without the sanction or connivance".

Cl. (b) omitted by Act 58 of 1958, s. 30.

The words "or illegal" omitted by Act 27 of 1956, s. 55.

The words "or illegal" omitted by s. 56, ibid.

Important Legislations & Laws [BestCurrentAffairs.com] Page 38

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(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (a) any decision made by the returning officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and (b) in so far as that question is not determined by such a decision 1[the High Court] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

2

[103. Communication of orders of the High Court.—The High Court shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and, as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision.]

105. [Orders of the Tribunal to be final and conclusive.] Rep. by s. 58, ibid.

106. Transmission of order to the appropriate authority, etc., and its publication.—As soon as may be after the receipt of any order made by 3[the High Court] under section 98 or section 99, the Election Commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election 4*** to a House of Parliament or to an election to the House or a House of the Legislature of a State, also to the Speaker or Chairman, as the case may be, of the House concerned and 5[shall cause the order to be published— (a) where the order relates to an election to a House of Parliament, in the Gazette of India as well as in the Official Gazette of the State concerned; and (b) where the order relates to an election to the House or a House of the Legislature of the State, in the Official Gazette of the State.]

6

[107. Effect of orders of the High Court.—7[(1) Subject to the provisions contained in Chapter IVA relating to the stay of operation of an order of the High Court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the High Court.]

(2) Where by an order under section 98 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of Parliament or as a member of the Legislature of a State shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.]

CHAPTER IV.—Withdrawal and Abatement of Election Petitions 108. [Withdrawal of petitions before appointment of Tribunal.] Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 45.

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).

Subs. by s. 43, ibid., for s. 103 (w.e.f. 14-12-1966).

Subs. by s. 44, ibid., for "the Tribunal " (w.e.f. 14-12-1966).

The words and brackets "(other than a primary election)" omitted by Act 27 of 1956, s. 59.

Subs. by s. 59, ibid., for certain words.

Subs. by s. 60, ibid., for s. 107.

Subs. by Act 47 of 1966, s. 44, for sub-section (1) (w.e.f. 14-12-1966).

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104. [Difference of opinion among the members of the Tribunal.] Rep. by the Representation of the People (Second Amendment) Act, 1956 (27 of 1956), s. 57.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 1

[109. Withdrawal of election petitions.—(1) An election petition may be withdrawn only by leave of the High

Court.

(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the Official Gazette.

110. Procedure for withdrawal of election petitions.—(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.

(2) No application for withdrawal shall be granted if, in the opinion of the High Court, such application has been induced by any bargain or consideration which ought not to be allowed.

(a) the petitioner shall be ordered to pay the costs of the respondents theretofore incurred or such portion thereof as the High Court may think fit; (b) the High Court shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as it may specify and thereupon the notice shall be published accordingly; (c) a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.]

111. Report of withdrawal by the High Court to the Election Commission.—When an application for withdrawal is granted by 2[the High Court] and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing, 2[the High Court] shall report the fact to the Election Commission 3[and thereupon the Election Commission shall publish the report in the Official Gazette].

4

[112. Abatement of election petitions.—(1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

(2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem fit.

(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.]

116. Abatement or substitution on death of respondent.—If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, 5[the High Court] shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as 5[the High Court] may think fit.

____________________________________________________________________________________ 1.

2.

3.

4.

5.

Subs. by Act 47 of 1966, s. 46, for ss. 109 and 110 (w.e.f. 14-12-1966).

Subs. by s. 47, ibid., for "the Tribunal" (w.e.f. 14-12-1966).

Ins. by Act 27 of 1956, s. 61.

Subs. by Act 47 of 1966, s. 48, for ss. 112 to 115 (w.e.f. 14-12-1966).

Subs. by s. 49, ibid., for "the Tribunal" (w.e.f. 14-12-1966).

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(3) If the application is granted—

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 1

[CHAPTER IVA.—Appeals

2

[116A. Appeals to Supreme Court.—(1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99.

(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99:

116B. Stay of operation of order of High Court.—(1) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court.

(2) Where an appeal has been preferred against an order made under section 98 or section 99, the Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from.

(3) When the operation of an order is stayed by the High Court or, as the case may be, the Supreme Court, the order shall be deemed never to have taken effect under sub-section (1) of section 107; and a copy of the stay order shall immediately be sent by the High Court or, as the case may be, the Supreme Court, to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned.

116C. Procedure in appeal.—(1) Subject to the provisions of this Act and of the rules, if any, made thereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the Code of Civil Procedure, 1908 (5 of 1908), and the Rules of the Court (including provisions as to the furnishing of security and the execution of any order of the Court) shall, so far as may be, apply in relation to such appeal.

(2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission an authenticated copy of the decision; and upon its receipt, the Election Commission shall— (a) forward copies thereof to the authorities to which copies of the order of the High Court were forwarded under section 160; and (b) cause the decision to be published in the Gazette or Gazettes in which that order was published under the said section.]]

_____________________________________________________________________________________ 1. Ins. by Act 27 of 1956, s. 62.

2. Subs. by Act 47 of 1966, s. 50, for ss. 116A and 116B (w.e.f. 14-12-1966).

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Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) CHAPTER V.—Cost and Security for Costs 1

[117. Security for costs.—(1) At the time of presenting an election petition, the petitioner shall deposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as security for the costs of the petition.

(2) During the course of the trial of an election petition, the High Court may, at any time, call upon the petitioner to give such further security for costs as it may direct.

118. Security for costs from a respondent.—No person shall be entitled to be joined as a respondent under sub-section (4) of section 86 unless he has given such security for costs as the High Court may direct.

Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall make an order for costs in favour of the returned candidate.]

121. Payment of costs out of security deposits and return of such deposits.—(1) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this Part on an application made in writing in that behalf 2[within a period of one year, from the date of such order] to 3[the High Court] by the person in whose favour the costs have been awarded.

(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of 4[one year] the whole of the said security deposits may, on an application made in that behalf in writing to 3[the High Court] by the person by whom the deposits have been made, or if such person dies after making such deposits, by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be.

122. Execution of orders as to costs.—Any order as to costs under the provisions of this Part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit: Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (1) of section 121, no application shall lie under this section 5[within a period of one year from the date of such order] unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub-section.

______________________________________________________________________________________________________ 1.

2.

3.

4.

5.

Subs.

Subs.

Subs.

Subs.

Subs.

by Act 47 of 1966, s. 51, for ss. 117, 118, 119, 119A and 120 (w.e.f. 14-12-1966).

by Act 58 of 1958, s. 34, for certain words.

by Act 47 of 1966, s. 52, for "the Election Commission" (w.e.f. 14-12-1966).

by Act 58 of 1958, s. 34, for "six months". by s. 35, ibid., for certain words.

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119. Costs.—Costs shall be in the discretion of the High Court:

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) PART VII 1

[CORRUPT PRACTICES AND ELECTORAL OFFENCES] 2

[CHAPTER I.—Corrupt Practice

123. Corrupt practices.—The following shall be deemed to be corrupt practices for the purposes of this Act:— 3

[(1) "Bribery", that is to say—

(a) a person to stand or not to stand as, or 4[to withdraw or not to withdraw] from being a candidate at an election, or (b) an elector to vote or refrain from voting at an election, or as a reward to— (i) a person for having so stood or not stood, or for 5[having withdrawn or not having withdrawn] his candidature; or (ii) an elector for having voted or refrained from voting; (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward— (a) by a person for standing or not standing as, or for 6[withdrawing or not withdrawing] from being, a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate 4[to withdraw or not to withdraw] his candidature.

Explanation.—For the purposes of this clause the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78.]

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7[with the consent of the candidate or his election agent], with the free exercise of any electoral right: ______________________________________________________________________________________________________ 1. Subs. by Act 27 of 1956, s. 65, for the heading "CORRUPT AND ILLEGAL PRACTICES AND ELECTORAL OFFENCES".

2. Subs. by s. 66, ibid., for Chapters I and II (ss. 123 to 125).

3. Subs. by Act 58 of 1958, s. 36, for cl. (1).

4. Subs. by Act 47 of 1966, s. 53, for "to withdraw" (w.e.f. 14-12-1966).

5. Subs. by s. 53, ibid., for "having withdrawn" (w.e.f. 14-12-1966).

6. Subs. by s. 53, ibid., for "withdrawing" (w.e.f. 14-12-1966).

7. Ins. by Act 58 of 1958, s. 36.

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(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing—

[For IAS Prelims 2020 by BestCurrentAffairs.com]

Representation of the People Act, 1951 (PART II.—Acts of Parliament) Provided that— (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who— (i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or

shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.

1

[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: 2

[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.]

(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]

3

[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

Explanation.—For the purposes of this clause, "sati" and "glorification" in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 (3 of 1988).]

(4) The publication by a candidate or his agent or by any other person 4[with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal, 5* * * of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.

(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person 4[with the consent of a candidate or his election agent], 6[or the use of such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll:

_____________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

Subs. by Act 40 of 1961, s. 23, for cl. (3) (w.e.f. 20-9-1961).

Ins. by Act 40 of 1975, s. 8 (retrospectively).

Ins. by Act 3 of 1988, s. 19 (retrospectively).

Ins. by Act 58 of 1958, s. 36.

The words "or retirement from contest " omitted by s. 36, ibid.

Subs. by Act 47 of 1966, s. 53, for "for the conveyance" (w.e.f. 14-12-1966).

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(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure,

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

Explanation.—In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person 1[with the consent of a candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, 2[from any person whether or not in the service of the Government] and belonging to any of the following classes, namely:— (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the Union; (d) members of the police forces; (e) excise officers; 3

[(f) revenue officers other than village revenue officers known as lambardars, malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions; and] (g) such other class of persons in the service of the Government as may be prescribed: 4

[Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of /the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election;] 5

[(h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections.]

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[(8) booth capturing by a candidate or his agent or other person.]

Explanation.—(1) In this section, the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.

_____________________________________________________________________________________________________ 1 Ins. by Act 58 of 1958, s. 36.

2 Subs. by Act 41 of 2009, s. 6, for certain words (w.e.f. 1-2-2010).

3. Subs. by Act 56 of 1958, s. 36, for cl. (f).

4 Ins. by Act 40 of 1975, s. 8 (retrospectively).

5. Ins. by Act 41 of 2009, s. 6 (w.e.f. 1-2-2010).

6. Ins. by Act 1 of 1989, s. 13 (w.e.f. 15-3-1989).

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(6) The incurring or authorizing of expenditure in contravention of section 77.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (2) For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent 1* * * of that candidate.]

2

[(3) For the purposes of clause (7), notwithstanding anything contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (including a person serving in connection with the administration of a Union territory) or of a State Government shall be conclusive proof— (i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and

3

[(4) For the purposes of clause (8), "booth capturing" shall have the same meaning as in section 135A.] CHAPTER III.—Electoral offences

4

[125. Promoting enmity between classes in connection with election.—Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.]

5

[125A. Penalty for filing false affidavit, etc.—A candidate who himself or through his proposer, with intent to be elected in an election,— (i) fails to furnish information relating to sub-section (1) of section 33A; or (ii) give false information which he knows or has reason to believe to be false; or (iii) conceals any information, in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.]

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[126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.—(1) No person shall— (a) convene, hold or attend, join or address any public meeting or procession in connection with an election; or (b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or (c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the fixed for the conclusion of the poll for any election in the polling area.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(3) In this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of an election.]. _______________________________ 1.

2.

3.

4.

5.

6.

The words "or a polling agent or a counting agent" omitted by Act 47 of 1966, s. 53 (w.e.f. 14-12-1966).

Added by Act 40 of 1975, s. 8 (retrospectively).

Ins. by Act 1 of 1989, s.13 (w.e.f. 15-3-1989).

Ins. by Act 40 of 1961, s. 24 (w.e.f. 20-9-1961).

Ins. by Act 72 of 2002, s.5 (w.e.f. 24-8-2002).

Subs. by Act 21 of 1996, s. 10, for s. 126 (w.e.f. 1-8-1969).

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(ii) where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.]

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) 1

[126A. Restriction on publication and dissemination of result of exit polls, etc. —(1) No person shall conduct any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be notified by the Election Commission in this regard.

(a) in case of a general election, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the poll in all the States and Union territories; (b) in case of a bye-election or a number of bye-election held together, the period may commence from the beginning of the hours fixed for poll on and from the first day of poll and continue till half an hour after closing of the poll : Provided that in case of a number of bye-elections held together on different days, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the last poll.

(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

Explanation.— For the purposes of this section, — (a) "exit poll" means an opinion survey respecting how electors have voted at an election or respecting how all the electors have performed with regard to the identification of a political party or candidate in an election; (b) "electronic media" includes internet, radio and television including Internet Protocol Television, satellite, terrestrial or cable channels, mobile and such other media either owned by the Government or private person or by both; (c) "print media" includes any newspaper, magazine or periodical, poster, placard, handbill or any other document; (d) "dissemination" includes publication in any "print media" or broadcast or display on any electronic media.

126B. Offences by companies. —(1) Where an offence under sub-section (2) of section 126A 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 of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided the noting contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained 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, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.— For the purpose of this section, — (a) "company" means any body corporate, and includes a firm or other association of individuals ; and (b) "director" in relation to a firm, means a partner in the firm.]

127. Disturbances at election meetings.—(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, 2[shall be punishable with imprisonment for a term which may extend to 3[six months or with fine which may extend to two thousand rupees] or with both.]

4 [(1A) An offence punishable under sub-section (1) shall be cognizable.] ______________________________________________________________________________________________________ 1.

2.

3.

4.

Ins. by Act 41 of 2009, s.7 (w.e.f. 1-2-2010).

Subs. by Act 1 of 1989, s. 14, for certain words ( w.e.f. 15-3-1989).

Subs. by Act 21 of 1996, s. 11, for certain words (w.e.f. 1-8-1996).

Ins. by s. 11, ibid. (w.e.f. 1-8-1996).

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(2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the date and time having due regard to the following, namely: —

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) (2) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held.

(3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

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(2) No person shall print or cause to be printed any election pamphlet or poster— (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,— (i) where it is printed in the capital of the State, to the Chief Electoral Officer; and (ii) in any other case, to the district magistrate of the district in which it is printed.

(3) For the purposes of this section,— (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "printer" shall be construed accordingly; and (b) "election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.]

128. Maintenance of Secrecy of voting.—(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy: 2

[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council of States.]

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both. _____________________________________________________________________________________________________ 1. Ins. by Act 40 of 1961, s. 26 (w.e.f. 20-9-1961).

2. Ins. by Act 40 of 2003, s. 5.

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[127A. Restrictions on the printing of pamphlets, posters, etc.—(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) 129. Officers, etc., at elections not to act for candidates or to influence voting.— (1) No person who is 1[a district election officer or a returning officer], or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a police force, shall endeavour— (a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vote at an election, or

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both.

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[(4) An offence punishable under sub-section (3) shall be cognizable.]

130. Prohibition of canvassing in or near polling station.—(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of 3[one hundred metres] of the polling station, namely:— (a) canvassing for votes; or (b) soliciting the vote of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

(3) An offence punishable under this section shall be cognizable.

131. Penalty for disorderly conduct in or near polling stations.—(1) No person shall, on the date or dates on which a poll is taken at any polling station,— (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker,or (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both.

(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention. ______________________________________________________________________________________________________ 1. Subs. by Act 47 of 1966, s. 55, for "a returning officer " (w.e.f. 14-12-1966).

2. Ins. by s. 55, ibid. (w.e.f. 14-12-1966).

3. Subs. by s. 56, ibid., for " one hundred yards " (w.e.f. 14-12-1966).

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(c) to influence the voting of any person at an election in any manner.

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) 132. Penalty for misconduct at the polling station.—(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled voting at that station.

(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

[132A. Penalty for failure to observe procedure for voting.—If any elector to whom a ballot paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.]

2

[133. Penalty for illegal hiring or procuring of conveyance at elections.—If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.]

134. Breaches of official duty in connection with election.—(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

3

[(1A) An offence punishable under sub-section (1) shall be cognizable.]

(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are the 4*** 5[district election officers, returning officers], assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with 6 * * * the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act 4***.

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[134A. Penalty for Government servants for acting as election agent, polling agent or counting agent.—If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.]

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[134B. Prohibition of going armed to or near a polling station.— (1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order, at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station.

(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that Act. ______________________________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

8.

Ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).

Subs. by Act 21 of 1996, s. 12, for s. 133 (w.e.f. 1-8-1996).

Ins. by Act 47 of 1966, s. 58 (w.e.f. 14-12-1966).

Certain words omitted by Act 58 of 1958, s. 37.

Subs. by Act 47 of 1966, s. 58, for "returning officers" (w.e.f. 14-12-1966).

The words "the preparation of an electoral roll" omitted by Act 58 of 1958, s. 37.

Ins. by Act 47 of 1966, s. 59 (w.e.f. 14-12-1966).

Ins. by Act 21 of 1996, s. 13 (w.e.f. 1-8-1996).

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(4) An offence punishable under sub-section (3) shall be cognizable.

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) (4) An offence punishable under sub-section (2) shall be cognizable.]

135. Removal of ballot papers from polling station to be an offence.—(1) Any person who at any election [unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

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Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be made over the safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.

2

[135A. Offence of booth capturing.— 3[(1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 4[shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine].

Explanation.— For the purposes of 5[this sub-section and section 20B], "booth capturing" includes, among other things, all or any of the following activities, namely:— (a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections; (b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and 4[prevent others from free exercise of their right to vote]; (c) 6[coercing or intimidating or threatening directly or indirectly] any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote; (d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes; (e) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.]

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[(2) An offence punishable under sub-section (1) shall be cognizable.]

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[135B. Grant of paid holiday to employees on the day of poll.— (1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday. ______________________________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

8.

Subs. by Act 21 of 1996, s. 14, for "fraudulently" (w.e.f. 1-8-1996).

Ins. by Act 1 of 1989, s. 15 (w.e.f. 15-3-1989).

S. 135A renumbered as sub-section (1) thereof by Act 21 of 1996, s. 15 (w.e.f. 1-8-1996).

Subs. by s. 15, ibid., for certain words (w.e.f. 1-8-1996).

Subs. by s. 15, ibid., for "this section" (w.e.f. 1-8-1996).

Subs. by s. 15, ibid., for "threatening" (w.e.f. 1-8- 1996).

Ins. by s. 15, ibid. (w.e.f. 1-8-1996).

Ins. by s. 16, ibid. (w.e.f. 1-8-1996).

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(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:

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(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.

(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

135C. Liquor not to be sold, given or distributed on polling day.—(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to two thousand rupees, or with both.

(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed.]

136. Other offences and penalties therefor.—(1) A person shall be guilty of an electoral offence if at any election he— (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot; or (d) without due authority supplies any ballot paper to any person 1[or receives any ballot paper from any person or is in possession of any ballot paper]; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

(2) Any person guilty of an electoral offence under this section shall,— (a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both; (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty " shall not include any duty imposed otherwise than by or under this Act 2* * *.

3 [(4) An offence punishable under sub-section (2) shall be cognizable.]

137. [Prosecution regarding certain offences.] Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 61.

138. [Amendment of Act 5 of 1898.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First Schedule.

PART VIII DISQUALIFICATIONS 139—145. [Chapters I to III.] Rep. by the Representation of the People (Amendment) Act, 1966 (47 of 1966), s. 62. ______________________________________________________________________________________________________ 1. Ins. by Act 27 of 1956, s. 70.

2. The words and figures "or by or under the Representation of the People Act, 1950 " omitted by Act 58 of 1958, s. 38.

3. Subs. by Act 47 of 1966, s. 60, for sub-section (4) (w.e.f. 14-12-1966).

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Representation of the People Act, 1951 (PART II.—Acts of Parliament)

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[CHAPTER IV.—Powers of Election Commission in connection with Inquiries as to Disqualifications of Members

146. Powers of Election Commission.—(1) Where in connection with the tendering of any opinion to the President under article 103 or, as the case may be, under sub-section (4) of section 14 of the Government of Union Territories Act, 1963 (20 of 1963), or to the Governor under article 192, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath ;

(c) receiving evidence on affidavits; (d) requisitioning any public record or a copy thereof from any court or office ; (e) issuing commissions for the examination of witnesses or documents.

(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter of the inquiry.

(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 18982 (5 of 1898), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 18982 (5 of 1898).

(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).

146A. Statements made by persons to the Election Commission.—No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement— (a) is made in reply to a question which he is required by the Commission to answer, or (b) is relevant to the subject-matter of the inquiry.

146B. Procedure to be followed by the Election Commission.—The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private). ______________________________________________________________________________________________________ 1. Ins. by Act 17 of 1965, s. 2.

2. See now the corresponding provision of the Code of Criminal Procedure, 1973 (2 of 1974).

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(b) requiring the discovery and production of any document or other material object producible as evidence;

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Representation of the People Act, 1951 (PART II.—Acts of Parliament)

146C. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.]

PART IX

147. Casual vacancies in the Council of States.—1[(1)] When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned 2* * *, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

3

[(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment) Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the States of Assam, Orissa and Uttar Pradesh and the Union territories of Delhi, Himachal Pradesh* and Manipur*.]

148. [Casual vacancies in the electoral colleges for certain Union territories.] Rep. Councils Act, 1956 (103 of 1956), s. 66.

by the Territorial

149. Casual vacancies in the House of the People.—(1) When the seat of a member elected to the House of the People becomes vacant or is declared vacant or his election to the House of the People is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Gazette of India, call upon the parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

(2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the case may be.

150. Casual vacancies in the State Legislative Assemblies.—(1) When the seat of a member elected to the Legislative Assembly of a State becomes vacant or is declared vacant or his election to the Legislative Assembly is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the assembly constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. _____________________________________________________________________________________ 1.

2.

3. *

S. 147 re-numbered as sub-section (1) of that section by the Adaptation of Laws (No. 2) Order, 1956.

The words "or the elected members of the Coorg Legislative Council" omitted by Act 49 of 1951, s. 44 and the Fifth Schedule.

Ins. by the Adaptation of Laws (No. 2) Order, 1956.

Now it has become State.

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BYE-ELECTIONS

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) (2) If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the case may be.

151. Casual vacancies in the State Legislative Councils.—When before the expiration of the term of office of a member elected to the Legislative Council of a State, his seat becomes vacant or is declared vacant or his election to the Legislative Council is declared void, the Election Commission shall, by a notification in the Official Gazette, call upon the council constituency concerned or the members of the Legislative Assembly of the State, as the case may be, to elect a person for the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

[151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151.— Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy: Provided that nothing contained in this section shall apply if— (a) the remainder of the term of a member in relation to a vacancy is less than one year; or (b) the Election Commission in consultation with the Central Government certifies that it is difficult to hold the byeelection within the said period.

PART X MISCELLANEOUS 152. List of members of the State Legislative Assemblies and electoral colleges to be maintained by the returning officers concerned.—(1) The returning officer for an election by the elected members of the Legislative Assembly of a State to fill a seat or seats in the Council of States or for an election, by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State shall, for the purposes of such election maintain in his office in the prescribed manner and form a list of elected members or a list of members, as the case may be, of that Legislative Assembly.

(2) The returning officer for an election by the members of the electoral college for a 2[Union territory] 3* * * 4* * * to fill a seat or seats in the Council of States shall, for the purposes of such election, maintain in his office in the prescribed manner and form a list of members of the electoral college 4***.

(3) Copies of the lists referred to in sub-sections (1) and (2) shall be made available for sale.

5

[153. Extention of time for completion of election.—It shall be competent for the Election Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or sub-section (1) of section 39.]

154. Term of office of members of the Council of States.— 6[(1) Subject to the provisions of sub-sections (2) and (2A), the term of office of a member of the Council of States, other than a member chosen to fill a casual vacancy, shall be six years.]

(2) 7* * * Upon the first constitution of the Council of States the President shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter.

8

[(2A) In order that, as nearly as may be, one-third of the members may retire on the second day of April, 1958, and on the expiration of every second year thereafter, the President shall, as soon as may be after the commencement of the Constitution (Seventh Amendment) Act, 1956, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under sub-section (2) of section 147.]

______________________________________________________________________________________________________ 1.

2.

3.

4.

5.

6.

7.

8.

Ins. by Act 21 of 1996, s. 17 (w.e.f. 1-8-1996).

Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part C State".

The words "or group of such States" omitted by Act 27 of 1956, s. 77.

Certain words omitted by Act 49 of 1951, s. 44 and the Fifth Schedule.

Subs. by Act 27 of 1956, s. 78, for s. 153.

Subs. by the Adaptation of Laws (No. 2) Order, 1956, for sub-section (1).

Certain words omitted, ibid.

Ins., ibid.

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1

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) (3) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.

155. Commencement of the term of office of members of the Council of States.— (1) The term of office of a member of the Council of States whose name is required to be notified in the Official Gazette under section 71 shall begin on the date of such notification.

156. Term of office of members of State Legislative Councils.—(1) The term of office of a member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall be six years, but upon the first constitution of the Council the Governor 1* * * shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter.

(2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.

157. Commencement of the term of office of members of the Legislative Councils.—(1) The term of office of a member of the Legislative Council of a State whose name is required to be notified in the Official Gazette under 2 [section 74] shall begin on the date of such notification.

(2) The term of office of a member of the Legislative Council of a State whose name is not required to be notified under 2[section 74] shall begin on the date of publication in the Official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (e) of clause (3) of article 171, announcing the nomination of such person to the Council, as the case may be.

3

[158. Return of forfeiture of candidate's deposit.— (1) The deposit made under section 34 or under that section read with sub-section (2) of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section.

(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared.

(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.

(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the number of members to be elected: ______________________________________________________________________________________________________ 1. The words "or the Rajpramukh, as the case may be" omitted by the Adaptation of Laws (No. 2) Order, 1956.

2. Subs. by Act 27 of 1956, s. 79, for "section 75".

3. Subs. by Act 58 of 1958, s. 39, for s. 158.

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(2) The term of office of a member of the Council of States whose name is not required to be notified under section 71 shall begin on the date of publication in the Official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (a) of clause (1) of article 80 or under any other provision announcing the nomination of such person to the Council of States, as the case may be.

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) Provided that where at an election held in, accordance with the system of proportional representation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than one-sixth of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate.

(5) Notwithstanding anything in sub-sections (2), (3) and (4),—

1

[159. Staff of certain authorities to be made available for election work.—(1) The authorities specified in subsection (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election.

(2) The following shall be the authorities for the purpose of sub-section (1), namely:— (i) every local authority; (ii) every university established or incorporated by or under a Central, Provincial or State Act; (iii) a Government company as defined in section 617 of the Companies Act, 1956 ( 1 of 1956); (iv) any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government.]

160. Requisitioning of premises, vehicles, etc., for election purposes.—(1) If it appears to the State Government that in connection with an election held within the State— (a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, that Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.

(2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. ______________________________________________________________________________________________________ 1. Subs. by Act 12 of 1998, s. 2 (w.e.f. 23-12-1997).

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(a) if at a general election, the candidate is a contesting candidate in more than one parliamentary constituency or in more than one assembly constituency, not more than one of the deposits shall be returned, and the others shall be forfeited. (b) if the candidate is a contesting candidate at an election in more than one council constituency or at an election in a council constituency and at an election by the members of the State Legislative Assembly to fill seats in the Legislative Council, not more than one of the deposits shall be returned, and the others shall be forfeited.]

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) (4) In this section,— (a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (ii) if any consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change: Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine: Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Government to an arbitrator appointed in this behalf by that Government for determination, and shall be determined in accordance with the decision of such arbitrator.

Explanation.—In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 160 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

(2) Whenever in pursuance of section 160 the State Government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the State Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Government may determine: Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hirepurchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the State Government in this behalf may decide.

162. Power to obtain information.—The State Government may with a view to requisitioning any property under section 160 or determining the compensation payable under section 161, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

163. Powers of entry into and inspection of premises, etc.— (1) Any person authorised in this behalf by the State Government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.

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161. Payment of compensation.—(1) Whenever in pursuance of section 160 the State Government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:—

[For IAS Prelims 2020 by BestCurrentAffairs.com] Representation of the People Act, 1951 (PART II.—Acts of Parliament) (2) In this section, the expressions "premises" and "vehicle" have the same meanings as in section 160.

164. Eviction from requisitioned premises.—(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 160 may be summarily evicted from the premises by any officer empowered by the State Government in this behalf.

165. Release of premises from requisition.—(1) When any premises requisitioned under section 160 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the State Government to be the owner of such premises, and such delivery of possession shall be a full discharge of the State Government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.

(2) Where the person to whom possession of any premises requisitioned under section 160 is to be given under subsection (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.

(3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the State Government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

166. Delegation of functions of the State Government with regard to requisitioning.—The State Government may, by notification in the Official Gazette, direct that any powers conferred or any duty imposed on that Government by any of the provisions of sections 160 to 165 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.

167. Penalty for contravention of any order regarding requisitioning.— If any person contravenes any order made under section 160 or section 162, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

168. [Special provisions with respect to Rulers of former Indian States.] Rep. by the Rulers of Indian States (Abolition of Privileges) Act, 1972 (54 of 1972), s. 4 (w.e.f. 9-9-1972).

PART XI GENERAL 169. Power to make rules.—(1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— 2

[(a) the form of affidavit under sub-section (2) of section 33A;] [(aa)] the duties of presiding officers and polling officers at polling stations; 4 [(aaa) the form of contribution report;] ______________________________________________________________________________________________________ 3

1. See the Conduct of Election Rules, 1961, in Vol. II. 2. Ins. by Act 72 of 2002, s. 6 (w.e.f. 24-8-2002).

3. Renumbered by s. 6, ibid. (w.e.f. 24-8-2002).

4. Ins. by Act 46 of 2003, s. 6.

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(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

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Representation of the People Act, 1951 (PART II.—Acts of Parliament) (b) the checking of voters by reference to the electoral roll; 1

[(bb) the manner of allocation of equitable sharing of time on the cable television network and other electronic media;] (c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability;

(e) the procedure to be followed in respect of the tender of vote by a person representing himself to be an elector after another person has voted as such elector; 2

[(ee) the manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;] (f) the procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote; (g) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election; 2

[(gg) the procedure as to counting of votes recorded by means of voting machines;]

(h) the safe custody of 3[ballot boxes, voting machines], ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; 1

[(hh) the material to be supplied by the Government to the candidates of recognised political parties at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State;] (i) any other matter required to be prescribed by this Act. 4

[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 5[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be 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 anything previously done under that rule.]

170. Jurisdiction of civil courts barred.— No civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election.

171. [Repeal of Act 39 of 1920.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and Sch. I. ______________________________________________________________________________________________________ 1. Ins. by Act 46 of 2003, s. 6.

2. Ins. by Act 1 of 1989, s. 16 (w.e.f. 15-3-1989).

3. Subs. by s. 16, ibid., for "ballot boxes" (w.e.f. 15-3-1989).

4. Subs. by Act 40 of 1961, s. 29, for sub-section (3) (w.e.f. 20-9-1961), which was ins. by Act 27 of 1956, s. 82.

5. Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).

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(d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vote;

[For IAS Prelims 2020 by BestCurrentAffairs.com] THE LOKPAL AND LOKAYUKTAS ACT, 2013

It was enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— PART I PRELIMINARY Short title, extent, application and commencement.

1. (1) This Act may be called the Lokpal and Lokayuktas Act, 2013.

(2) It extends to the whole of India.

(3) It shall apply to public servants in and outside India.

(4) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

PART II CHAPTER I DEFINITIONS

Definitions.

2. (1) In this Act, unless the context otherwise requires,— (a) "bench" means a bench of the Lokpal; (b) "Chairperson" means the Chairperson of the Lokpal; (c) "competent authority", in relation to— (i) the Prime Minister, means the House of the People; (ii) a member of the Council of Ministers, means the Prime Minister; (iii) a member of Parliament other than a Minister, means— (A) in the case of a member of the Council of States, the Chairman of the Council; and (B) in the case of a member of the House of the People, the Speaker of the House; (iv) an officer in the Ministry or Department of the Central Government, means the Minister in charge of the Ministry or Department under which the officer is serving; (v) a chairperson or members of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or wholly or partly financed by the Central Government or controlled by it, means the Minister in charge of the administrative Ministry of such body or Board or corporation or authority or company or society or autonomous body; (vi) an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or wholly or partly financed by the Central Government or controlled by it, means the head of such body or Board or corporation or authority or company or society or autonomous body; (vii) in any other case not falling under sub-clauses (i) to (vi) above, means such Department or authority as the Central Government may, by notification, specify:

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LOKPAL FOR THE UNION

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Provided that if any person referred to in sub-clause (v) or sub-clause (vi) is also a member of Parliament, then, the competent authority shall be— (A) in case such member is a member of the Council of States, the Chairman of the Council; and

45 of 2003.

(d) "Central Vigilance Commission" means the Central Vigilance Commission constituted under sub-section (1) of section 3 of the Central Vigilance Commission Act, 2003;

49 of 1988.

(e) "complaint" means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;

25 of 1946.

(f) "Delhi Special Police Establishment" means the Delhi Special Police Establishment constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946;

2 of 1974.

(g) "investigation" means an investigation as defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973; (h) "Judicial Member" means a Judicial Member of the Lokpal; (i) "Lokpal" means the body established under section 3; (j) "Member" means a Member of the Lokpal; (k) "Minister" means a Union Minister but does not include the Prime Minister; (l) "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (m) "preliminary inquiry" means an inquiry conducted under this Act; (n) "prescribed" means prescribed by rules made under this Act;

45 46 62 30

of of of of

1950.

1950.

1957.

1978.

(o) "public servant" means a person referred to in clauses (a) to (h) of sub-section (1) of section 14 but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast Guard Act, 1978 or the procedure is applicable to such public servant under those Acts; (p) "regulations" means regulations made under this Act; (q) "rules" means rules made under this Act; (r) "Schedule" means a Schedule appended to this Act;

49 of 1988.

49 of 1988.

(s) "Special Court" means the court of a Special Judge appointed under sub-section (1) of section 3 of the Prevention of Corruption Act, 1988.

(2) The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in that Act. (3) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area.

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(B) in case such member is a member of the House of the People, the Speaker of the House;

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CHAPTER II ESTABLISHMENT OF LOKPAL Establishment of Lokpal.

3. (1) On and from the commencement of this Act, there shall be established, for the purpose of this Act, a body to be called the "Lokpal".

(2) The Lokpal shall consist of— (a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfils the eligibility specified in clause (b) of sub-section (3); and

Provided that not less than fifty per cent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.

(3) A person shall be eligible to be appointed,— (a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court; (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.

(4) The Chairperson or a Member shall not be— (i) a member of Parliament or a member of the Legislature of any State or Union territory; (ii) a person convicted of any offence involving moral turptitude; (iii) a person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be; (iv) a member of any Panchayat or Municipality; (v) a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if— (a) he holds any office of trust or profit, resign from such office; or (b) he is carrying on any business, sever his connection with the conduct and management of such business; or (c) he is practising any profession, cease to practise such profession.

Appointment of Chairperson and Members on recommendations of Selection Committee.

4. (1) The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of— (a) the Prime Minister—Chairperson; (b) the Speaker of the House of the People—Member; (c) the Leader of Opposition in the House of the People—Member;

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(b) such number of Members, not exceeding eight out of whom fifty per cent. shall be Judicial Members:

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(d) the Chief Justice of India or a Judge of the Supreme Court nominated by him—Member; (e) one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President—Member.

(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee.

Provided that not less than fifty per cent. of the members of the Search Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women: Provided further that the Selection Committee may also consider any person other than the persons recommended by the Search Committee.

(4) The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and Members of the Lokpal.

(5) The term of the Search Committee referred to in sub-section (3), the fees and allowances payable to its members and the manner of selection of panel of names shall be such as may be prescribed.

5. The President shall take or cause to be taken all necessary steps for the appointment of a new Chairperson and Members at least three months before the expiry of the term of the Chairperson or Member, as the case may be, in accordance with the procedure laid down in this Act.

Filling of vacancies of Chairperson or Members.

6. The Chairperson and every Member shall, on the recommendations of the Selection Committee, be appointed by the President by warrant under his hand and seal and hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier:

Term of office of Chairperson and Members.

Provided that he may— (a) by writing under his hand addressed to the President, resign his office; or (b) be removed from his office in the manner provided in section 37.

7. The salary, allowances and other conditions of service of— (i) the Chairperson shall be the same as those of the Chief Justice of India; (ii) other Members shall be the same as those of a Judge of the Supreme Court: Provided that if the Chairperson or a Member is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of service as the Chairperson or, as the case may be, as a Member, be reduced—

Salary, allowances and other conditions of service of Chairperson and Members.

(a) by the amount of that pension; and (b) if he has, before such appointment, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension:

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(3) The Selection Committee shall for the purposes of selecting the Chairperson and Members of the Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of at least seven persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the Selection Committee, may be useful in making the selection of the Chairperson and Members of the Lokpal:

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Provided further that the salary, allowances and pension payable to, and other conditions of service of, the Chairperson or a Member shall not be varied to his disadvantage after his appointment.

Restriction on employment by Chairperson and Members after ceasing to hold office.

8. (1) On ceasing to hold office, the Chairperson and every Member shall be ineligible for— (i) reappointment as the Chairperson or a Member of the Lokpal; (ii) any diplomatic assignment, appointment as administrator of a Union territory and such other assignment or appointment which is required by law to be made by the President by warrant under his hand and seal;

(iv) contesting any election of President or Vice-President or Member of either House of Parliament or Member of either House of a State Legislature or Municipality or Panchayat within a period of five years from the date of relinquishing the post.

(2) Notwithstanding anything contained in sub-section (1), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed five years.

Explanation.—For the purposes of this section, it is hereby clarified that where the Member is appointed as the Chairperson, his term of office shall not be more than five years in aggregate as the Member and the Chairperson.

Member to act as Chairperson or to discharge his functions in certain circumstances.

9. (1) In the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the President may, by notification, authorise the senior-most Member to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.

Secretary, other officers and staff of Lokpal.

10. (1) There shall be a Secretary to the Lokpal in the rank of Secretary to Government of India, who shall be appointed by the Chairperson from a panel of names sent by the Central Government.

(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.

(2) There shall be a Director of Inquiry and a Director of Prosecution not below the rank of Additional Secretary to the Government of India or equivalent, who shall be appointed by the Chairperson from a panel of names sent by the Central Government.

(3) The appointment of officers and other staff of the Lokpal shall be made by the Chairperson or such Member or officer of Lokpal as the Chairperson may direct: Provided that the President may by rule require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the Union Public Service Commission.

(4) Subject to the provisions of any law made by Parliament, the conditions of service of Secretary and other officers and staff of the Lokpal shall be such as may be specified by regulations made by the Lokpal for the purpose: Provided that the regulations made under this sub-section shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.

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(iii) further employment to any other office of profit under the Government of India or the Government of a State;

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CHAPTER III INQUIRY WING

49 of 1988.

11. (1) Notwithstanding anything contained in any law for the time being in force, the Lokpal shall constitute an Inquiry Wing headed by the Director of Inquiry for the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988:

Inquiry Wing.

(2) For the purposes of assisting the Lokpal in conducting a preliminary inquiry under this Act, the officers of the Inquiry Wing not below the rank of the Under Secretary to the Government of India, shall have the same powers as are conferred upon the Inquiry Wing of the Lokpal under section 27.

CHAPTER IV PROSECUTION WING 12. (1) The Lokpal shall, by notification, constitute a Prosecution Wing headed by the Director of Prosecution for the purpose of prosecution of public servants in relation to any complaint by the Lokpal under this Act:

Prosecution Wing.

Provided that till such time the Prosecution Wing is constituted by the Lokpal, the Central Government shall make available such number of officers and other staff from its Ministries or Departments, as may be required by the Lokpal, for conducting prosecution under this Act.

49 of 1988.

(2) The Director of Prosecution shall, after having been so directed by the Lokpal, file a case in accordance with the findings of investigation report, before the Special Court and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988.

2 of 1974.

(3) The case under sub-section (2), shall be deemed to be a report, filed on completion of investigation, referred to in section 173 of the Code of Criminal Procedure, 1973.

CHAPTER V EXPENSES OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA 13. The administrative expenses of the Lokpal, including all salaries, allowances and pensions payable to or in respect of the Chairperson, Members or Secretary or other officers or staff of the Lokpal, shall be charged upon the Consolidated Fund of India and any fees or other moneys taken by the Lokpal shall form part of that Fund.

Expenses of Lokpal to be charged on Consolidated Fund of India.

CHAPTER VI JURISDICTION IN RESPECT OF INQUIRY 14. (1) Subject to the other provisions of this Act, the Lokpal shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:— (a) any person who is or has been a Prime Minister: Provided that the Lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against the Prime Minister,— (i) in so far as it relates to international relations, external and internal security, public order, atomic energy and space;

Jurisdiction of Lokpal to include Prime Minister, Ministers, members of Parliament, Groups A, B, C and D officers and officials of Central Government.

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Provided that till such time the Inquiry Wing is constituted by the Lokpal, the Central Government shall make available such number of officers and other staff from its Ministries or Departments, as may be required by the Lokpal, for conducting preliminary inquiries under this Act.

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(ii) unless a full bench of the Lokpal consisting of its Chairperson and all Members considers the initiation of inquiry and at least two-thirds of its Members approves of such inquiry: Provided further that any such inquiry shall be held in camera and if the Lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or made available to anyone; (b) any person who is or has been a Minister of the Union; (c) any person who is or has been a member of either House of Parliament;

(e) any Group 'C' or Group 'D' official or equivalent, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served in connection with the affairs of the Union subject to the provision of sub-section (1) of section 20;

49 of 1988.

49 of 1988.

(f) any person who is or has been a chairperson or member or officer or employee in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Parliament or wholly or partly financed by the Central Government or controlled by it: Provided that in respect of such officers referred to in clause (d) who have served in connection with the affairs of the Union or in any body or Board or corporation or authority or company or society or trust or autonomous body referred to in clause (e) but are working in connection with the affairs of the State or in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of the State Legislature or wholly or partly financed by the State Government or controlled by it, the Lokpal and the officers of its Inquiry Wing or Prosecution Wing shall have jurisdiction under this Act in respect of such officers only after obtaining the consent of the concerned State Government; (g) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, wholly or partly financed by the Government and the annual income of which exceeds such amount as the Central Government may, by notification, specify; (h) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may, by notification, specify.

42 of 2010.

Explanation.—For the purpose of clauses (f) and (g), it is hereby clarified that any entity or institution, by whatever name called, corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses: Provided that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 and the provisions of that Act shall apply accordingly.

49 of 1988.

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(d) any Group 'A' or Group 'B' officer or equivalent or above, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served, in connection with the affairs of the Union;

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(2) Notwithstanding anything contained in sub-section (1), the Lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any member of either House of Parliament in respect of anything said or a vote given by him in Parliament or any committee thereof covered under the provisions contained in clause (2) of article 105 of the Constitution.

49 of 1988.

(3) The Lokpal may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 against a person referred to in sub-section (1): Provided that no action under this section shall be taken in case of a person serving in connection with the affairs of a State, without the consent of the State Government.

(4) No matter in respect of which a complaint has been made to the Lokpal under this Act, shall be referred for inquiry under the Commissions of Inquiry Act, 1952.

Explanation.—For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity.

49 of 1988.

15. In case any matter or proceeding related to allegation of corruption under the Prevention of Corruption Act, 1988 has been pending before any court or committee of either House of Parliament or before any other authority prior to commencement of this Act or prior to commencement of any inquiry after the commencement of this Act, such matter or proceeding shall be continued before such court, committee or authority.

16. (1) Subject to the provisions of this Act,— (a) the jurisdiction of the Lokpal may be exercised by benches thereof;

Matters pending before any court or committee or authority for inquiry not to be affected.

Constitution of benches of Lokpal.

(b) a bench may be constituted by the Chairperson with two or more Members as the Chairperson may deem fit; (c) every bench shall ordinarily consist of at least one Judicial Member; (d) where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson; (e) where a bench consists of a Judicial Member, and a non-Judicial Member, not being the Chairperson, such bench shall be presided over by the Judicial Member; (f) the benches of the Lokpal shall ordinarily sit at New Delhi and at such other places as the Lokpal may, by regulations, specify.

(2) The Lokpal shall notify the areas in relation to which each bench of the Lokpal may exercise jurisdiction.

(3) Notwithstanding anything contained in sub-section (2), the Chairperson shall have the power to constitute or reconstitute benches from time to time.

(4) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member that the case or matter is of such nature that it ought to be heard by a bench consisting of three or more Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such bench as the Chairperson may deem fit.

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60 of 1952.

Distribution of business amongst benches.

Power of Chairperson to transfer cases.

Decision to be by majority.

Provisions relating to complaints and preliminary inquiry and investigation.

17. Where benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Lokpal amongst the benches and also provide for the matters which may be dealt with by each bench.

18. On an application for transfer made by the complainant or the public servant, the Chairperson, after giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other bench.

19. If the Members of a bench consisting of an even number of Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Lokpal and such point or points shall be decided according to the opinion of the majority of the Members of the Lokpal who have heard the case, including those who first heard it.

CHAPTER VII PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION 20. (1) The Lokpal on receipt of a complaint, if it decides to proceed further, may order— (a) preliminary inquiry against any public servant by its Inquiry Wing or any agency (including the Delhi Special Police Establishment) to ascertain whether there exists a prima facie case for proceeding in the matter; or (b) investigation by any agency (including the Delhi Special Police Establishment) when there exists a prima facie case: Provided that the Lokpal shall if it has decided to proceed with the preliminary inquiry, by a general or special order, refer the complaints or a category of complaints or a complaint received by it in respect of public servants belonging to Group A or Group B or Group C or Group D to the Central Vigilance Commission constituted under sub-section (1) of section 3 of the Central Vigilance Commission Act, 2003: Provided further that the Central Vigilance Commission in respect of complaints referred to it under the first proviso, after making preliminary inquiry in respect of public servants belonging to Group A and Group B, shall submit its report to the Lokpal in accordance with the provisions contained in sub-sections (2) and (4) and in case of public servants belonging to Group C and Group D, the Commission shall proceed in accordance with the provisions of the Central Vigilance Commission Act, 2003: Provided also that before ordering an investigation under clause (b), the Lokpal shall call for the explanation of the public servant so as to determine whether there exists a prima facie case for investigation: Provided also that the seeking of explanation from the public servant before an investigation shall not interfere with the search and seizure, if any, required to be undertaken by any agency (including the Delhi Special Police Establishment) under this Act. (2) During the preliminary inquiry referred to in sub-section (1), the Inquiry Wing or any agency (including the Delhi Special Police Establishment) shall conduct a preliminary inquiry and on the basis of material, information and documents collected seek the comments on the allegations made in the complaint from the public servant and the competent authority and after obtaining the comments of the concerned public servant and the competent authority, submit, within sixty days from the date of receipt of the reference, a report to the Lokpal.

(3) A bench consisting of not less than three Members of the Lokpal shall consider every report received under sub-section (2) from the Inquiry Wing or any agency (including the Delhi Special Police Establishment), and after giving an opportunity of being heard to the public servant, decide whether there exists a prima facie case, and proceed with one or more of the following actions, namely:— (a) investigation by any agency or the Delhi Special Police Establishment, as the case may be; (b) initiation of the departmental proceedings or any other appropriate action against the concerned public servants by the competent authority; (c) closure of the proceedings against the public servant and to proceed against the complainant under section 46.

45 of 2003.

45 of 2003.

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(4) Every preliminary inquiry referred to in sub-section (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint.

(5) In case the Lokpal decides to proceed to investigate into the complaint, it shall direct any agency (including the Delhi Special Police Establishment) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order: Provided that the Lokpal may extend the said period by a further period not exceeding of six months at a time for the reasons to be recorded in writing.

2 of 1974.

(6) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any agency (including the Delhi Special Police Establishment) shall, in respect of cases referred to it by the Lokpal, submit the investigation report under that section to the court having jurisdiction and forward a copy thereof to the Lokpal.

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(7) A bench consisting of not less than three Members of the Lokpal shall consider every report received by it under sub-section (6) from any agency (including the Delhi Special Police Establishment) and after obtaining the comments of the competent authority and the public servant may— (a) grant sanction to its Prosecution Wing or investigating agency to file chargesheet or direct the closure of report before the Special Court against the public servant; (b) direct the competent authority to initiate the departmental proceedings or any other appropriate action against the concerned public servant.

(8) The Lokpal may, after taking a decision under sub-section (7) on the filing of the charge-sheet, direct its Prosecution Wing or any investigating agency (including the Delhi Special Police Establishment) to initiate prosecution in the Special Court in respect of the cases investigated by the agency.

(9) The Lokpal may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation as it deems fit.

(10) The website of the Lokpal shall, from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed of by it.

(11) The Lokpal may retain the original records and evidences which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court.

(12) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified by regulations.

21. If, at any stage of the proceeding, the Lokpal— (a) considers it necessary to inquire into the conduct of any person other than the accused; or

Persons likely to be prejudicially affected to be heard.

(b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the preliminary inquiry, the Lokpal shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence, consistent with the principles of natural justice.

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Lokpal may require any public servant or any other person to furnish information, etc.

22. Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, the Lokpal or the investigating agency, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document.

Power of Lokpal to grant sanction for initiating prosecution.

23. (1) Notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 or section 6A of the Delhi Special Police Establishment Act, 1946 or section 19 of the Prevention of Corruption Act, 1988, the Lokpal shall have the power to grant sanction for prosecution under clause (a) of sub-section (7) of section 20.

2 of 1974.

25 of 1946.

49 of 1988.

(3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding office in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such person has been specified therein.

(4) The provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution.

Action on investigation against public servant being Prime Minister, Ministers or Members of Parliament.

24. Where, after the conclusion of the investigation, the findings of the Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause (a) or clause (b) or clause (c) of sub-section (1) of section 14, the Lokpal may file a case in the Special Court and shall send a copy of the report together with its findings to the competent authority.

49 of 1988.

CHAPTER VIII POWERS Supervisory powers of Lokpal.

OF

LOKPAL

25. (1) The Lokpal shall, notwithstanding anything contained in section 4 of the Delhi Special Police Establishment Act, 1946 and section 8 of the Central Vigilance Commission Act, 2003, have the powers of superintendence over, and to give direction to the Delhi Special Police Establishment in respect of the matters referred by the Lokpal for preliminary inquiry or investigation to the Delhi Special Police Establishment under this Act:

25 of 1946.

45 of 2003.

Provided that while exercising powers of superintendence or giving direction under this sub-section, the Lokpal shall not exercise powers in such a manner so as to require any agency (including the Delhi Special Police Establishment) to whom the investigation has been given, to investigate and dispose of any case in a particular manner.

(2) The Central Vigilance Commission shall send a statement, at such interval as the Lokpal may direct, to the Lokpal in respect of action taken on complaints referred to it under the second proviso to sub-section (1) of section 20 and on receipt of such statement, the Lokpal may issue guidelines for effective and expeditious disposal of such cases.

(3) Any officer of the Delhi Special Police Establishment investigating a case referred to it by the Lokpal, shall not be transferred without the approval of the Lokpal.

(4) The Delhi Special Police Establishment may, with the consent of the Lokpal, appoint a panel of Advocates, other than the Government Advocates, for conducting the cases referred to it by the Lokpal.

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(2) No prosecution under sub-section (1) shall be initiated against any public servant accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, and no court shall take cognizance of such offence except with the previous sanction of the Lokpal.

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(5) The Central Government may from time to time make available such funds as may be required by the Director of the Delhi Special Police Establishment for conducting effective investigation into the matters referred to it by the Lokpal and the Director shall be responsible for the expenditure incurred in conducting such investigation.

26. (1) If the Lokpal has reason to believe that any document which, in its opinion, shall be useful for, or relevant to, any investigation under this Act, are secreted in any place, it may authorise any agency (including the Delhi Special Police Establishment) to whom the investigation has been given to search for and to seize such documents.

Search seizure.

and

Provided that where any document is required to be returned, the Lokpal or the authorised officer may return the same after retaining copies of such document duly authenticated.

5 of 1908.

27. (1) Subject to the provisions of this section, for the purpose of any preliminary inquiry, the Inquiry Wing of the Lokpal shall have all the powers of a civil court, under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:— (i) summoning and enforcing the attendance of any person and examining him on oath;

Lokpal to have powers of civil court in certain cases.

(ii) requiring the discovery and production of any document; (iii) receiving evidence on affidavits; (iv) requisitioning any public record or copy thereof from any court or office; (v) issuing commissions for the examination of witnesses or documents: Provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of the Lokpal, is not in a position to attend the proceeding before the Lokpal; and (vi) such other matters as may be prescribed.

45 of 1860.

(2) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code.

28. (1) The Lokpal may, for the purpose of conducting any preliminary inquiry or investigation, utilise the services of any officer or organisation or investigating agency of the Central Government or any State Government, as the case may be.

(2) For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investigation, any officer or organisation or agency whose services are utilised under sub-section (1) may, subject to the superintendence and direction of the Lokpal,—

Power of Lokpal to utilise services of officers of Central or State Government.

(a) summon and enforce the attendance of any person and examine him; (b) require the discovery and production of any document; and (c) requisition any public record or copy thereof from any office.

(3) The officer or organisation or agency whose services are utilised under sub-section (2) shall inquire or, as the case may be, investigate into any matter pertaining to the preliminary inquiry or investigation and submit a report thereon to the Lokpal within such period as may be specified by it in this behalf.

29. (1) Where the Lokpal or any officer authorised by it in this behalf, has reason to believe, the reason for such belief to be recorded in writing, on the basis of material in his possession, that—

Provisional attachment of assets.

(a) any person is in possession of any proceeds of corruption;

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(2) If the Lokpal is satisfied that any document seized under sub-section (1) may be used as evidence for the purpose of any investigation under this Act and that it shall be necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such authorised officer to retain such document till the completion of such investigation:

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(b) such person is accused of having committed an offence relating to corruption; and (c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, the Lokpal or the authorised officer may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner provided in the Second Schedule to the Income-tax Act, 1961 and the Lokpal and the officer shall be deemed to be an officer under sub-rule (e) of rule 1 of that Schedule.

43 of 1961.

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(2) The Lokpal or the officer authorised in this behalf shall, immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the Special Court, in a sealed envelope, in the manner as may be prescribed and such Court may extend the order of attachment and keep such material for such period as the Court may deem fit.

(3) Every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the Special Court under sub-section (2).

(4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) or sub-section (2), from such enjoyment.

Explanation.—For the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property.

Confirmation of attachment of assets.

30. (1) The Lokpal, when it provisionally attaches any property under sub-section (1) of section 29 shall, within a period of thirty days of such attachment, direct its Prosecution Wing to file an application stating the facts of such attachment before the Special Court and make a prayer for confirmation of attachment of the property till completion of the proceedings against the public servant in the Special Court.

(2) The Special Court may, if it is of the opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment of such property till the completion of the proceedings against the public servant in the Special Court.

(3) If the public servant is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Court, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment.

(4) If the public servant is subsequently convicted of the charges of corruption, the proceeds relatable to the offence under the Prevention of Corruption Act, 1988 shall be confiscated and vest in the Central Government free from any encumbrance or leasehold interest excluding any debt due to any bank or financial institution.

Explanation.—For the purposes of this sub-section, the expressions "bank", "debt" and "financial institution" shall have the meanings respectively assigned to them in clauses (d), (g) and (h) of section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances.

49 of 1988.

51 of 1993.

31. (1) Without prejudice to the provisions of sections 29 and 30, where the Special Court, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts and benefits, by whatever name called, have arisen or procured by means of corruption by the public servant, it may authorise the confiscation of such assets, proceeds, receipts and benefits till his acquittal.

(2) Where an order of confiscation made under sub-section (1) is modified or annulled by the High Court or where the public servant is acquitted by the Special Court, the assets, proceeds, receipts and benefits, confiscated under sub-section (1) shall be returned to such

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public servant, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with interest at the rate of five per cent. per annum thereon calculated from the date of confiscation.

(i) that the continuance of the public servant referred to in clause (d) or clause (e) or clause (f) of sub-section (1) of section 14 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or (ii) such public servant is likely to destroy or in any way tamper with the evidence or influence witnesses,

Power of Lokpal to recommend transfer or suspension of public servant connected with allegation of corruption.

then, the Lokpal may recommend to the Central Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.

(2) The Central Government shall ordinarily accept the recommendation of the Lokpal made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible to do so for administrative reasons.

33. The Lokpal may, in the discharge of its functions under this Act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record— (a) to protect such document or record from destruction or damage; or (b) to prevent the public servant from altering or secreting such document or record; or

Power of Lokpal to give directions to prevent destruction of records during preliminary inquiry.

(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.

34. The Lokpal may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its Members or officers or employees as may be specified in the order.

Power to delegate.

CHAPTER IX SPECIAL COURTS

49 of 1988.

35. (1) The Central Government shall constitute such number of Special Courts, as recommended by the Lokpal, to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 or under this Act. (2) The Special Courts constituted under sub-section (1) shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court:

Special Courts to be constituted by Central Government.

Provided that in case the trial cannot be completed within a period of one year, the Special Court shall record reasons therefor and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing before the end of each such three months period, but not exceeding a total period of two years.

2 of 1974.

36. (1) Notwithstanding anything contained in this Act or the Code of Criminal Procedure, 1973 if, in the course of an preliminary inquiry or investigation into an offence or other proceeding under this Act, an application is made to a Special Court by an officer of the Lokpal authorised in this behalf that any evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act and he is of the opinion that such evidence may be available in any place in a contracting State, and the Special Court, on being satisfied that such evidence is required in connection with the preliminary

Letter of request to a contracting State in certain cases.

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32. (1) Where the Lokpal, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available,—

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inquiry or investigation into an offence or proceeding under this Act, may issue a letter of request to a court or an authority in the contracting State competent to deal with such request to— (i) examine the facts and circumstances of the case; (ii) take such steps as the Special Court may specify in such letter of request; and (iii) forward all the evidence so taken or collected to the Special Court issuing such letter of request.

(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be evidence collected during the course of the preliminary inquiry or investigation.

CHAPTER X COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL Removal and suspension of Chairperson and Members of Lokpal.

37. (1) The Lokpal shall not inquire into any complaint made against the Chairperson or any Member.

(2) Subject to the provisions of sub-section (4), the Chairperson or any Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court, on a reference being made to it by the President on a petition signed by at least one hundred Members of Parliament has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairperson or such Member, as the case may be, ought to be removed on such ground.

(3) The President may suspend from office the Chairperson or any Member in respect of whom a reference has been made to the Supreme Court under sub-section (2), on receipt of the recommendation or interim order made by the Supreme Court in this regard until the President has passed orders on receipt of the final report of the Supreme Court on such reference.

(4) Notwithstanding anything contained in sub-section (2), the President may, by order, remove from the office, the Chairperson or any Member if the Chairperson or such Member, as the case may be,— (a) is adjudged an insolvent; or (b) engages, during his term of office, in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

(5) If the Chairperson or any Member is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (2), be deemed to be guilty of misbehaviour.

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(2) The letter of request shall be transmitted in such manner as the Central Government may prescribe in this behalf.

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49 of 1988.

38. (1) Every complaint of allegation or wrongdoing made against any officer or employee or agency (including the Delhi Special Police Establishment), under or associated with the Lokpal for an offence punishable under the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the provisions of this section.

Complaints against officials of Lokpal.

(2) The Lokpal shall complete the inquiry into the complaint or allegation made within a period of thirty days from the date of its receipt.

(3) While making an inquiry into the complaint against any officer or employee of the Lokpal or agency engaged or associated with the Lokpal, if it is prima facie satisfied on the basis of evidence available, that— (a) continuance of such officer or employee of the Lokpal or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely; or

then, the Lokpal may, by order, suspend such officer or employee of the Lokpal or divest such agency engaged or associated with the Lokpal of all powers and responsibilities hereto before exercised by it .

49 of 1988.

(4) On the completion of the inquiry, if the Lokpal is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988 or of any wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the Lokpal or such officer, employee, agency engaged or associated with the Lokpal and initiate disciplinary proceedings against the official concerned: Provided that no such order shall be passed without giving such officer or employee of the Lokpal, such officer, employee, agency engaged or associated, a reasonable opportunity of being heard.

CHAPTER XI ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT

49 of 1988.

39. If any public servant is convicted of an offence under the Prevention of Corruption Act, 1988 by the Special Court, notwithstanding and without prejudice to any law for the time being in force, it may make an assessment of loss, if any, caused to the public exchequer on account of the actions or decisions of such public servant not taken in good faith and for which he stands convicted, and may order recovery of such loss, if possible or quantifiable, from such public servant so convicted:

Assessment of loss and recovery thereof by Special Court.

Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of actions or decisions of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately.

CHAPTER XII FINANCE, ACCOUNTS AND AUDIT 40. The Lokpal shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Lokpal and forward the same to the Central Government for information.

Budget.

41. The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Lokpal grants of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and Members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the Lokpal.

Grants by Central Government.

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(b) an officer or employee of the Lokpal or agency engaged or associated is likely to destroy or in any way tamper with the evidence or influence witnesses,

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Annual statement of accounts.

42. (1) The Lokpal shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Lokpal shall be audited by the Comptroller and AuditorGeneral of India at such intervals as may be specified by him.

(4) The accounts of the Lokpal, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of Parliament.

Furnishing of returns, etc., to Central Government.

43. The Lokpal shall furnish to the Central Government, at such time and in such form and manner as may be prescribed or as the Central Government may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the Lokpal, as the Central Government may, from time to time, require.

CHAPTER XIII DECLARATION OF ASSETS

Declaration of assets.

44. (1) Every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under this Act. (2) A public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to— (a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries; (b) his liabilities and that of his spouse and his dependent children.

(3) A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets and liabilities, as referred to in subsection (2), to the competent authority within thirty days of the coming into force of this Act. (4) Every public servant shall file with the competent authority, on or before the 31st July of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31st March of that year.

(5) The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed.

(6) The competent authority in respect of each Ministry or Department shall ensure that all such statements are published on the website of such Ministry or Department by 31st August of that year.

Explanation.—For the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood.

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(3) The Comptroller and Auditor-General of India or any person appointed by him in connection with the audit of the accounts of the Lokpal under this Act shall have the same rights, privileges and authority in connection with such audit, as the Comptroller and AuditorGeneral of India generally has, in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Lokpal.

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45. If any public servant wilfully or for reasons which are not justifiable, fails to— (a) to declare his assets; or (b) gives misleading information in respect of such assets and is found to be in possession of assets not disclosed or in respect of which misleading information was furnished,

Presumption as to acquisition of assets by corrupt means in certain cases.

then, such assets shall, unless otherwise proved, be presumed to belong to the public servant and shall be presumed to be assets acquired by corrupt means: Provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be prescribed.

CHAPTER XIV AND PENALTIES

46. (1) Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees.

(2) No Court, except a Special Court, shall take cognizance of an offence under subsection (1).

Prosecution for false complaint and payment of compensation, etc., to public servant.

(3) No Special Court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorised by the Lokpal.

(4) The prosecution in relation to an offence under sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the Central Government.

(5) In case of conviction of a person [being an individual or society or association of persons or trust (whether registered or not)], for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine.

(6) Nothing contained in this section shall apply in case of complaints made in good faith.

45 of 1860.

Explanation.—For the purpose of this sub-section, the expression ‘‘good faith’’ means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the Indian Penal Code.

47. (1) Where any offence under sub-section (1) of section 46 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

False complaint made by society or association of persons or trust.

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a society or association of persons or trust (whether registered or not) and it is proved that the offence has been committed with the consent or

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connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of such society or association of persons or trust, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

CHAPTER XV

of

48. It shall be the duty of the Lokpal to present annually to the President a report on the work done by the Lokpal and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, in respect of the cases, if any, where the advice of the Lokpal was not accepted, the reason for such non-acceptance to be laid before each House of Parliament.

Lokpal to function as appellate authority for appeals arising out of any other law for the time being in force.

49. The Lokpal shall function as the final appellate authority in respect of appeals arising out of any other law for the time being in force providing for delivery of public services and redressal of public grievances by any public authority in cases where the decision contains findings of corruption under the Prevention of Corruption Act, 1988.

Protection of action taken in good faith by any public servant.

50. No suit, prosecution or other legal proceedings under this Act shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers.

Protection of action taken in good faith by others.

51. No suit, prosecution or other legal proceedings shall lie against the Lokpal or against any officer, employee, agency or any person, in respect of anything which is done in good faith or intended to be done under this Act or the rules or the regulations made thereunder.

Members, officers and employees of Lokpal to be public servants.

52. The Chairperson, Members, officers and other employees of the Lokpal shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

Limitation to apply in certain cases.

53. The Lokpal shall not inquire or investigate into any complaint, if the complaint is made after the expiry of a period of seven years from the date on which the offence mentioned in such complaint is alleged to have been committed.

Bar of Jurisdiction.

54. No civil court shall have jurisdiction in respect of any matter which the Lokpal is empowered by or under this Act to determine.

Legal assistance.

55. The Lokpal shall provide to every person against whom a complaint has been made, before it, under this Act, legal assistance to defend his case before the Lokpal, if such assistance is requested for.

Act to have overriding effect.

56. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.

Provisions of this Act to be in addition of other laws.

57. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

Reports Lokpal.

49 of 1988.

45 of 1860.

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MISCELLANEOUS

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58. The enactments specified in the Schedule shall be amended in the manner specified therein.

Amendment of certain enactments.

59. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

Power to make rules.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form of complaint referred to in clause (e) of sub-section (1) of section 2; (b) the term of the Search Committee, the fee and allowances payable to its members and the manner of selection of panel of names under sub-section (5) of section 4;

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(c) the post or posts in respect of which the appointment shall be made after consultation with the Union Public Service Commission under the proviso to subsection (3) of section 10; (d) other matters for which the Lokpal shall have the powers of a civil court under clause (vi) of sub-section (1) of section 27; (e) the manner of sending the order of attachment along with the material to the Special Court under sub-section (2) of section 29; (f) the manner of transmitting the letter of request under sub-section (2) of section 36; (g) the form and the time for preparing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokpal under section 40; (h) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 42; (i) the form and manner and the time for preparing the returns and statements along with particulars under section 43; (j) the form and the time for preparing an annual return giving a summary of its activities during the previous year under sub-section (5) of section 44; (k) the form of annual return to be filed by a public servant under sub-section (5) of section 44; (l) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 45; (m) any other matter which is to be or may be prescribed.

60. (1) Subject to the provisions of this Act and the rules made thereunder, the Lokpal may, by notification in the Official Gazette, make regulations to carry out the provisions of this Act.

Power of Lokpal to make regulations.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the conditions of service of the secretary and other officers and staff of the Lokpal and the matters which in so far as they relate to salaries, allowances, leave or pensions, require the approval of the President under sub-section (4) of section 10; (b) the place of sittings of benches of the Lokpal under clause (f) of sub-section (1) of section 16;

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(c) the manner for displaying on the website of the Lokpal, the status of all complaints pending or disposed of along with records and evidence with reference thereto under sub-section (10) of section 20; (d) the manner and procedure of conducting preliminary inquiry or investigation under sub-section (11) of section 20;

Laying of rules and regulations.

61. Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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 if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 anything previously done under that rule or regulation.

Power to remove difficulties.

62. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

PART III ESTABLISHMENT OF THE LOKAYUKTA

Establishment of Lokayukta.

63. Every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this Act.

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(e) any other matter which is required to be, or may be, specified under this Act.

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THE SCHEDULE [See section 58] AMENDMENT TO CERTAIN ENACTMENTS PART I AMENDMENT TO THE COMMISSIONS OF INQUIRY ACT, 1952 (60 OF 1952) In section 3, in sub-section (1), for the words ‘‘The appropriate Government may’’, the words and figures ‘‘Save as otherwise provided in the Lokpal and Lokayuktas Act, 2013, the appropriate Government may’’ shall be substituted.

Amendment of section 3.

PART II AMENDMENTS TO THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946 1. In section 4A,— (i) for sub-section (1), the following sub-section shall be substituted, namely:—

Amendment of section 4A.

‘‘(1) The Central Government shall appoint the Director on the recommendation of the Committee consisting of— (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) the Chief Justice of India or Judge of the Supreme Court nominated by him — Member.’’; (ii) sub-section (2) shall be omitted.

2. After section 4B, the following section shall be inserted, namely:—

Insertion of new section 4BA.

“4BA. (1) There shall be a Directorate of Prosecution headed by a Director who shall be an officer not below the rank of Joint Secretary to the Government of India, for conducting prosecution of cases under this Act.

Director of Prosecution.

(2) The Director of Prosecution shall function under the overall supervision and control of the Director.

(3) The Central Government shall appoint the Director of Prosecution on the recommendation of the Central Vigilance Commission.

(4) The Director of Prosecution shall notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office.”.

3. In section 4C, for sub-section (1), the following sub-section shall be substituted, namely:—

Amendment of section 4C.

“(1) The Central Government shall appoint officers to the posts of the level of Superintendent of Police and above except Director, and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment, on the recommendation of a committee consisting of:— (a) the Central Vigilance Commissioner — Chairperson; (b) Vigilance Commissioners — Members; (c) Secretary to the Government of India in charge of the Ministry of Home — Member;

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(25 OF 1946)

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(d) Secretary to the Government of India in charge of the Department of Personnel — Member: Provided that the Committee shall consult the Director before submitting its recommendation to the Central Government.".

PART III AMENDMENTS TO THE PREVENTION OF CORRUPTION ACT, 1988 (49 OF 1988) Amendment of sections 7, 8, 9 and 12.

1. In sections 7, 8, 9 and section 12,— (a) for the words ‘‘six months’’, the words ‘‘three years’’ shall respectively be substituted; (b) for the words ‘‘five years’’, the words ‘‘seven years’’ shall respectively be substituted.

2. In section 13, in sub-section (2),— (a) for the words ‘‘one year’’, the words ‘‘four years’’ shall be substituted; (b) for the words ‘‘seven years’’, the words ‘‘ten years’’ shall be substituted.

Amendment of section 14.

3. In section 14,— (a) for the words ‘‘two years’’, the words ‘‘five years’’ shall be substituted; (b) for the words ‘‘seven years’’, the words ‘‘ten years’’ shall be substituted.

Amendment of section 15.

4. In section 15, for the words ‘‘which may extend to three years’’, the words ‘‘which shall not be less than two years but which may extend to five years’’ shall be substituted.

Amendment of section 19.

5. In section 19, after the words ‘‘except with the previous sanction’’, the words ‘‘save as otherwise provided in the Lokpal and Lokayuktas Act, 2013’’ shall be inserted.

PART IV AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE, 1973 (2 OF 1974)

Amendment of section 197.

In section 197, after the words ‘‘except with the previous sanction’’, the words ‘‘save as otherwise provided in the Lokpal and Lokayuktas Act, 2013’’ shall be inserted.

PART V AMENDMENTS TO THE CENTRAL VIGILANCE COMMISSION ACT, 2003 (45 OF 2003)

Amendment of section 2.

Amendment of section 8.

1. In section 2, after clause (d), the following clause shall be inserted, namely:— ‘(da) ‘‘Lokpal’’ means the Lokpal established under sub-section (1) of section 3 of the Lokpal and Lokayuktas Act, 2013;’.

2. In section 8, in sub-section (2), after clause (b), the following clause shall be inserted, namely:— ‘‘(c) on a reference made by the Lokpal under proviso to sub-section (1) of section 20 of the Lokpal and Lokayuktas Act, 2013, the persons referred to in clause (d) of sub-section (1) shall also include— (i) members of Group B, Group C and Group D services of the Central Government; (ii) such level of officials or staff of the corporations established by or under any Central Act, Government companies, societies and other local authorities, owned or controlled by the Central Government, as that Government may, by notification in the Official Gazette, specify in this behalf: Provided that till such time a notification is issued under this clause, all officials or staff of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred in clause (d) of sub-section (1).".

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Amendment of section 13.

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49 of 1988.

3. After section 8, the following sections shall be inserted, namely:—

Insertion of new sections 8A and 8B.

‘‘8A. (1) Where, after the conclusion of the preliminary inquiry relating to corruption of public servants belonging to Group C and Group D officials of the Central Government, the findings of the Commission disclose, after giving an opportunity of being heard to the public servant, a prima facie violation of conduct rules relating to corruption under the Prevention of Corruption Act, 1988 by such public servant, the Commission shall proceed with one or more of the following actions, namely:—

Action on preliminary inquiry in relation to public servants.

(a) cause an investigation by any agency or the Delhi Special Police Establishment, as the case may be;

(c) closure of the proceedings against the public servant and to proceed against the complainant under section 46 of the Lokpal and Lokayuktas Act, 2013.

(2) Every preliminary inquiry referred to in sub-section (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint.

8B. (1) In case the Commission decides to proceed to investigate into the complaint under clause (a) of sub-section (1) of section 8A, it shall direct any agency (including the Delhi Special Police Establishment) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order and submit the investigation report containing its findings to the Commission:

Action on investigation in relation to public servants.

Provided that the Commission may extend the said period by a further period of six months for the reasons to be recorded in writing.

2 of 1974.

(2) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any agency (including the Delhi Special Police Establishment) shall, in respect of cases referred to it by the Commission, submit the investigation report to the Commission.

(3) The Commission shall consider every report received by it under sub-section (2) from any agency (including the Delhi Special Police Establishment) and may decide as to— (a) file charge-sheet or closure report before the Special Court against the public servant; (b) initiate the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority.".

4. After section 11, the following section shall be inserted, namely:—

Insertion of new section 11A.

‘‘11A. (1) There shall be a Director of Inquiry, not below the rank of Joint Secretary to the Government of India, who shall be appointed by the Central Government for conducting preliminary inquiries referred to the Commission by the Lokpal.

Director of Inquiry for making preliminary inquiry.

(2) The Central Government shall provide the Director of Inquiry such officersand employees as may be required for the discharge of his functions under this Act.".

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(b) initiation of the disciplinary proceedings or any other appropriate action against the concerned public servant by the competent authority;

[For IAS Prelims 2020 by BestCurrentAffairs.com] THE FACTORIES ACT, 1948

_______ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement.

2. Interpretation.

3. References to time of day.

5. Power to exempt during public emergency.

6. Approval, licensing and registration of factories.

7. Notice by occupier.

CHAPTER II THE INSPECTING STAFF 7A. General duties of the occupier.

7B. General duties of manufacturers, etc., as regards articles and substances for use in factories.

8. Inspectors.

9. Powers of Inspectors.

10. Certifying surgeons.

CHAPTER III HEALTH 11. Cleanliness.

12. Disposal of wastes and effluents.

13. Ventilation and temperature.

14. Dust and fume.

15. Artificial humidification.

16. Overcrowding.

17. Lighting.

18. Drinking water.

19. Latrines and urinals.

20. Spittoons.

CHAPTER IV SAFETY 21. Fencing of machinery.

22. Work on or near machinery in motion.

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4. Power to declare different departments to be separate factories or two or more factories to be a single factory.

[For IAS Prelims 2020 by BestCurrentAffairs.com] SECTIONS 23. Employment of young persons on dangerous machines.

24. Striking gear and devices for cutting off power.

25. Self-acting machines.

26. Casing of new machinery.

27. Prohibition of employment of women and children near cotton-openers.

28. Hoists and lifts.

29. Lifting machines, chains, ropes and lifting tackles.

30. Revolving machinery.

31. Pressure plant.

33. Pits, sumps openings in floors, etc.

34. Excessive weights.

35. Protection of eyes.

36. Precautions against dangerous fumes, gases, etc.

36A. Precautions regarding the use of portable electric light.

37. Explosive or inflammable dust, gas, etc.

38. Precautions in case of fire.

39. Power to require specifications of defective parts or tests of stability.

40. Safety of buildings and machinery.

40A. Maintenance of buildings.

40B. Safety officers.

41. Power to make rules to supplement this Chapter.

CHAPTER IVA PROVISIONS RELATING TO HAZARDOUS PROCESSES 41A. Constitution of Site Appraisal Committee.

41B. Compulsory disclosure of information by the occupier.

41C. Specific responsibility of the occupier in relation to hazardous processes.

41D. Power of Central Government to appoint Inquiry Committee.

41E. Emergency standards.

41F. Permissible limits of exposure of chemical and toxic substances.

41G. Workers’ participation in safety management.

41H. Right of workers to warn about imminent danger.

CHAPTER V WELFARE 42. Washing facilities.

43. Facilities for storing and drying clothing.

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32. Floors, stairs and means of access.

[For IAS Prelims 2020 by BestCurrentAffairs.com] SECTIONS 44. Facilities for sitting.

45. First-aid appliances.

46. Canteens.

47. Shelters, rest rooms and lunch rooms.

48. Creches.

49. Welfare officers.

50. Power to make rules to supplement this Chapter.

CHAPTER VI WORKING HOURS OF ADULTS 52. Weekly holidays.

53. Compensatory holidays.

54. Daily hours.

55. Intervals for rest.

56. Spread over.

57. Night shifts.

58. Prohibition of overlapping shifts.

59. Extra wages for overtime.

60. Restriction on double employment.

61. Notice of periods of work for adults.

62. Register of adult workers.

63. Hours of work to correspond with notice under section 61 and register under section 62.

64. Power to make exempting rules.

65. Power to make exempting orders.

66. Further restrictions on employment of women.

CHAPTER VII EMPLOYMENT OF YOUNG PERSONS 67. Prohibition of employment of young children.

68. Non-adult workers to carry tokens.

69. Certificates of fitness.

70. Effect of certificate of fitness granted to adolescent.

71. Working hours for children.

72. Notice of periods of work for children.

73. Register of child workers.

74. Hours of work to correspond with notice under section 72 and register under section 73.

75. Power to require medical examination.

76. Power to make rules.

77. Certain other provisions of law not barred.

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51. Weekly hours.

[For IAS Prelims 2020 by BestCurrentAffairs.com] CHAPTER VIII ANNUAL LEAVE WITH WAGES SECTIONS 78. Application of Chapter.

79. Annual leave with wages.

80. Wages during leave period.

81. Payment in advance in certain cases.

82. Mode of recovery of unpaid wages.

83. Power to make rules.

84. Power to exempt factories.

CHAPTER IX 85. Power to apply the Act to certain premises.

86. Power to exempt public institutions.

87. Dangerous operations.

87A. Power to prohibit employment on account of serious hazard.

88. Notice of certain accidents.

88A. Notice of certain dangerous occurrences.

89. Notice of certain diseases.

90. Power to direct enquiry into cases of accident or disease.

91. Power to take samples.

91A. Safety and occupational health surveys.

CHAPTER X PENALTIES AND PROCEDURE 92. General penalty for offences.

93. Liability of owner of premises in certain circumstances.

94. Enhanced penalty after previous conviction.

95. Penalty for obstructing Inspector.

96. Penalty for wrongfully disclosing results of analysis under section 91.

96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H. 97. Offences by workers.

98. Penalty for using false certificate of fitness.

99. Penalty for permitting double employment of child.

100. [Repealed.]

101. Exemption of occupier or manager from liability in certain cases.

102. Power of Court to make orders.

103. Presumption as to employment.

104. Onus as to age.

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SPECIAL PROVISIONS

[For IAS Prelims 2020 by BestCurrentAffairs.com] SECTIONS 104A. Onus of proving limits of what is practicable, etc.

105. Cognizance of offences.

106. Limitation of prosecutions.

106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.

CHAPTER XI SUPPLEMENTAL 107. Appeals.

108. Display of notices.

109. Service of notices.

110. Returns.

111A. Right of workers, etc.

112. General power to make rules.

113. Powers of Centre to give directions.

114. No charge for facilities and conveniences.

115. Publication of rules.

116. Application of Act to Government factories.

117. Protection to persons acting under this Act. 118. Restrictions on disclosure of information.

118A. Restriction on disclosure of information.

119. Act to have effect notwithstanding anything contained in Act 37 of 1970.

120. Repeal and savings.

THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE.

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111. Obligations of workers.

[For IAS Prelims 2020 by BestCurrentAffairs.com] THE FACTORIES ACT, 1948 ACT NO. 63 OF 19481 [23rd September, 1948.]

An Act to consolidate and amend the law regulating labour in factories.

WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948.

2

[(2) It extends to the whole of India 3***.]

2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,— (a) “adult” means a person who has completed his eighteenth year of age; (b) “adolescent” means a person who has completed his fifteenth year of age but has not completed his eighteenth year; [(bb) “calendar year” means the period of twelve months beginning with the first day of January in any year;] 4

(c) “child” means a person who has not completed his fifteenth year of age; [(ca) “competent person”, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this Act having regard to— 5

(i) the qualifications and experience of the person and facilities available at his disposal; or (ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory; (cb) “hazardous process” means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would— (i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution or the general environment: Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule;] (d) “young person” means a person who is either a child or an adolescent; 1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule.

2. Subs. by the A.O. 1950, for sub-section (2).

3. The words “except the state of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).

4. Ins. by Act 25 of 1954, s. 2 (w.e.f. 7-5-1954).

5. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).

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(3) It shall come into force on the 1st day of April 1949.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (e) “day” means a period of twenty-four hours beginning at midnight; (f) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories; (g) “power” means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; (h) “prime mover” means any engine, motor or other appliance which generates or otherwise provides power; (i) “transmission machinery” means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance; (j) ”machinery” includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied; (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or 1

[(ii) pumping oil, water, sewage or any other substance; or]

(iii) generating, transforming or transmitting power; or 2

[(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; 3[or]] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; 3[or] 3

[(vi) preserving or storing any article in cold storage;]

(l) “worker” means a person 4[employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process 3[but does not include any member of the armed forces of the Union]; (m) “factory” means any premises including the precincts thereof— (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,— but does not include a mine subject to the operation of 5[the Mines Act, 1952 (35 of 1952)], or 6[a mobile mobile unit belonging to the armed forces of the Union, railway running shed or a hotel, restaurant or eating place].

1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) (w.e.f. 26-10-1976).

2. Subs. by Act 25 of 1954, s. 2, for sub-clause (iv) (w.e.f. 7-5-1954).

3. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).

4. Subs. by s. 2, ibid., for “employed, directly or through any agency, whether for wages or not” (w.e.f. 26-10-1976).

5. Subs. by Act 25 of 1954, s. 2, for “the Indian Mines Act, 1923 (4 of 1923)” (w.e.f. 7-5-1954).

6. Subs. by Act 94 of 1976, s. 2, for “a railway running shed” (w.e.f. 26-10-1976).

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(k) “manufacturing process” means any process for—

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[Explanation 2[I]—For computing the number of workers for the purposes of this clause all the workers in 3[different groups and relays] in a day shall be taken into account;] 4

[Explanation II.—For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;] (n) “occupier” of a factory means the person who has ultimate control over the affairs of the factory 5***.

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[Provided that—

(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; (iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the Stale Government or the local authority, as the case may be, shall be deemed to be the occupier:] 1 6

[ [Provided further that] in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire,— (1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under— (a) section 6, section 7, 4[section 7A, section 7B,] section 11 or section 12; (b) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock; (c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance; (2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to— (a) the workers employed directly by him, or by or through any agency; and (b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person; 7

*

*

*

*

*

(p) “prescribed” means prescribed by rules made by the State Government under this Act; 8

* * * * * (r) where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a 9[“group” or “relay”] and each of such periods is called a “shift”.

1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).

2. The Explanation renumbered as Explanation I by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).

3. Subs. by s. 2, ibid., for “different relays” (w.e.f. 1-12-1987).

4. Ins. by s. 2, ibid. (w.e.f. 1-12-1987).

5. Certain words omitted by s. 2, ibid. (w.e.f. 1-12-1987).

6. Subs. by s. 2, ibid., for “Provided that” (w.e.f. 1-12-1987).

7. Omitted by s. 2, ibid. (w.e.f. 1-12-1987).

8. Omitted by the A. O. 1950.

9. Subs. by Act 20 of 1987, s. 2, for “relay” (w.e.f. 1-12-1987).

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(ii) in the case of a company, any one of the directors shall be deemed to be the occupier;

[For IAS Prelims 2020 by BestCurrentAffairs.com] 3. References to time of day.—In this Act references to time of day are references to Indian Standard Time, being five and a half hours ahead of Greenwich Mean Time: Provided that for any area in which Indian Standard Time is not ordinarily observed the State Government may make rules— (a) specifying the area, (b) defining the local mean time ordinarily observed therein, and (c) permitting such time to be observed in all or any of the factories situated in the area.

[4. Power to declare different departments to be separate factories or two or more factories to be a single factory.—The State Government may, 2[on its own or] on an application made in this behalf by an occupier, direct, by an order in writing 2[and subject to such conditions as it may deem fit that for all or any of the purposes of this Act different departments or branches of a factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory:] 3 [Provided that no order under this section shall be made by the State Government on its own motion unless an opportunity of being heard is given to the occupier.]

5. Power to exempt during public emergency.—In any case of public emergency the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act 4[except section 67] for such period and subject to such conditions as it may think fit: Provided that no such notification shall be made for a period exceeding three months at a time.

[Explanation.—For the purposes of this section “public emergency” means a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.]

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6. Approval, licensing and registration of factories.—(1) The State Government may make rules— 6

[(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government;] 7 [(aa)] requiring, the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories; (b) requiring for the purpose of considering applications for such permission the submission of plans and specifications; (c) prescribing the nature of such plans and specifications and by whom they shall be certified; (d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences; (e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given.

(2) If on an application for permission referred to in 8[clause (aa)] of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.

1. Subs. by Act 25 of 1954, s. 3, for section 4 (w.e.f. 7-5-1954).

2. Ins. by Act 20 of 1987, s. 3 (w.e.f. 1-12-1987).

3. Added by s. 3, ibid. (w.e.f. 1-12-1987).

4. Ins. by the A.O. 1950.

5. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976).

6. Ins. by s. 4, ibid. (w.e.f. 26-10-1976).

7. Clause (a) re-lettered as clause (aa) by s. 4, ibid. (w.e.f. 26-10-1976).

8. Subs. by s. 4, ibid., for “clause (a)” (w.e.f. 26-10-1976).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] (3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.

Explanation.—A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery 1[if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health].

7. Notice by occupier.—(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing— (a) the name and situation of the factory; (b) the name and address of the occupier; [(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;] (c) the address to which communications relating to the factory may be sent; (d) the nature of the manufacturing process— (i) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act; and (ii) to be carried on in the factory during the next twelve months in the case of all factories; 3

[(e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;] (f) the name of the manager of the factory for the purposes of this Act; (g) the number of workers likely to be employed in the factory; (h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act; (i) such other particulars as may be prescribed.

(2) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days from the date of the commencement of this Act. (3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) 4[at least thirty days] before the date of the commencement of work.

(4) Whenever a new manager is appointed, the occupier shall send to the 5[Inspector a written notice and to the Chief Inspector a copy thereof] within seven days from the date on which such person takes over charge.

(5) During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act. 1. Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).

2. Ins. by Act 25 of 1954, s. 4 (w.e.f. 7-5-1954).

3. Subs. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. 26-10-1976).

4. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “within thirty days” (w.e.f. 1-5-1949).

5. Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] CHAPTER II THE INSPECTING STAFF 1

[7A. General duties of the occupier.—(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.

(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include— (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health; (b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

(d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks; (e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.

(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. *7B. General duties of manufacturers, etc., as regards articles and substances for use in factories.—(1) Every person who designs, manufactures, imports or supplies any article for use in any factory, shall— (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used; (b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a); (c) take such steps as may be necessary to ensure that adequate information will be available— (i) in connection with the use of the article in any factory; (ii) about the use for which it is designed and tested; and (iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers: Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see— (a) that the article conforms to the same standards if such article is manufactured in India, or (b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards.

(2) Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise.

1. Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987). *. Ins. by s. 4, ibid. (w.e.f. 1-6-1988).

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(c) the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.

(4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control.

(5) Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the terms of the undertaking.

(6) For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article.

8. Inspectors.—(1) The State Government may, by notification in the Official Gazette, appoint such persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit.

(2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State.

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[(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification.

(2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the power of an Inspector throughout the State.]

(3) No person shall be appointed under sub-section (1), sub-section (2) 1[, sub-section (2A)] or sub-section (5) or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith.

(4) Every District Magistrate shall be an Inspector for his district.

(5) The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively.

(6) In any area where there are more Inspectors than one the State Government may, by notification as aforesaid, declare the powers, which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent.

(7) 2[Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under this section] shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the State Government may specify in this behalf.

1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976).

2. Subs. by s. 6, ibid., for “every Chief Inspector and Inspector” (w.e.f. 26-10-1976).

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Explanation.—For the purposes of this section, “article” shall include plant and machinery.]

[For IAS Prelims 2020 by BestCurrentAffairs.com] 9. Powers of Inspectors.—Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,— (a) enter, with such assistants, being persons in the service of the Government, or any local or other public authority, 1[or with an expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory; 2

[(b) make examination of the premises, plant, machinery, article or substance;

(c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry; (d) require the production of any prescribed register or any other document relating to the factory;

(f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b); (g) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment; (h) in case of any article or substance found in any premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination; (i) exercise such other powers as may be prescribed.]

10. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively.

(2) A certifying surgeon may, with the approval of the State Government, authorise any qualified medical practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify and subject to such conditions as the State Government may think fit to impose, and references in this Act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised.

(3) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or having been so appointed or authorised, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business carried on therein on in any patent or machinery connected therewith or is otherwise in the employ of the factory: 3

[Provided that the State Government may, by order in writing and subject to such conditions as may be specified in the order, exempt any person or class of persons from the provisions of this sub-section in respect of any factory or class or description of factories.]

(4) The certifying surgeon shall carry out such duties as may be prescribed in connection with— (a) the examination and certification of young persons under this Act;

1. Ins. by Act 20 of 1987, s. 5 (w.e.f. 1-12-1987).

2. Subs. by s. 5, ibid., for clauses (b) and (c) (w.e.f. 1-12-1987 ).

3. Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976).

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(e) seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (b) the examination of persons engaged in factories in such dangerous occupations or processes as may be prescribed; (c) the exercising of such medical supervision as may be prescribed for any factory or class or description of factories where— (i) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing, therein; (ii) by reason of any change in the manufacturing process carried on or in the substances used therein or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process;

Explanation.—In this section “qualified medical practitioner” means a person holding a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or in the Schedules to the Indian Medical Council Act, 1933 (27 of 1933)1.

CHAPTER III HEALTH 11. Cleanliness.—(1) Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular— (a) accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner; (b) the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method; (c) where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained; (d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall— (i) where they are 2[painted otherwise than with washable water-paint] or varnished, be repainted or revarnished at least once in every period of five years; 3

[(ia) where they are painted with washable water-paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months;] (ii) where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed; (iii) in any other case, be kept whitewashed, or colourwashed, and the whitewashing or colourwashing shall be carried out at least once in every period of fourteen months; 3

[(dd) all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years;] (e) the dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register.

1. See now the Indian Medical Council Act, 1956 (102 of 1956).

2. Subs. by Act 94 of 1976, s. 8, for “painted” (w.e.f. 26-10-1976).

3. Ins. by s. 8, ibid. (w.e.f. 26-10-1976).

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(iii) young persons are, or are about to be, employed in any work which is likely to cause injury to their health.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (2) If, in view of the nature of the operations carried on 1[in a factory or class or description of factories or any part of a factory or class or description of factories], it is not possible for the occupier to comply with all or any of the provisions of subsection (1), the State Government may by order exempt such factory or class or description of factories 2[or part] from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean stale.

12. Disposal of wastes and effluents.—3[(1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.]

(2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed.

13. Ventilation and temperature.—(1) Effective and suitable provision shall be made in ever factory for securing and maintaining in every workroom— (b) such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health; and in particular,— (i) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded bill kept as tow as practicable; (ii) where the nature of the work carried on in the factory involves, or is likely to involve the production of excessively high temperatures, such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means.

(2) The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that 4[proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained.]

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[(3) If it appears to the Chief Inspector that excessively high temperatures in any factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under sub-section (2), serve on the occupier, an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.]

14. Dust and fume.—(1) In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.

(2) In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room.

1. Subs. by Act 94 of 1976, s. 8, for “in a factory” (w.e.f. 26-10-1976).

2. Ins. by s. 8, ibid. (w.e.f. 26-10-1976).

3. Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 26-10-1976).

4. Subs. by Act 20 of 1987, s. 6, for certain words (w.e.f. 1-12-1987).

5. Subs. by s. 6, ibid., for sub-section (3) (w.e.f. 1-12-1987).

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(a) adequate ventilation by the circulation of fresh air, and

[For IAS Prelims 2020 by BestCurrentAffairs.com] 15. Artificial humidification.—(1) In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules,— (a) prescribing standards of humidification; (b) regulating the methods used for artificially increasing the humidity of the air; (c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; (d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms.

(3) If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date.

16. Overcrowding.—(1) No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein.

(2) Without prejudice to the generality of sub-section (1) there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least 1[9.9 cubic metres] and of a factory built after the commencement of this Act at least 2[14.2 cubic metres] of space for every worker employed therein, and for the purposes of this sub-section no account shall be taken of any space which is more than 3[4.2 metres] above the level of the floor of the room.

(3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room.

(4) The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as he may think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein.

17. Lighting.—(1) In every part of a factory where workers are working of passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.

(2) In every factory all glazed windows and skylights used for the lighting of the workrooms shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under sub-section (3) of section 13 will allow, free from obstruction.

(3) In every factory effective provision shall, so far as is practicable, be made for the prevention of— (a) glare, either directly from a source of light or by reflection from a smooth or polished surface: (b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker.

(4) The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process.

18. Drinking water.—(1) In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water.

1. Subs. by Act 20 of 1987, s. 7, for “three hundred and fifty cubic feet” (w.e.f. 1-12-1987).

2. Subs. by s. 7, ibid., for “five hundred cubic feet” (w.e.f. 1-12-1987).

3. Subs. by s. 7, ibid., for “fourteen feet” (w.e.f. 1-12-1987).

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(2) In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (2) All such points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within 1[six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector.

(3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof.

(4) In respect of all factories or any class or description of factories the State Government may make rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories.

19. Latrines and urinals.—(1) In every factory—

(b) separate enclosed accommodation shall be provided for male and female workers; (c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any work room except through an intervening open space or ventilated passage; (d) all such accommodation shall be maintained in a clean and sanitary condition at all times; (e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places.

(2) In every factory wherein more than two hundred and fifty workers are ordinarily employed— (a) all latrine and urinal accommodation shall be of prescribed sanitary types; (b) the floors and internal walls, up to a height of 2[ninety centimetres], of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface; (c) without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both.

(3) The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further mailers in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein.

20. Spittoons.—(1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.

(2) The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition.

1. Subs. by Act 20 of 1987, s. 8, for “twenty feet of any washing place, urinal or latrine” (w.e.f. 1-12-1987).

2. Subs. by s. 9, ibid., for “three feet” (w.e.f. 1-12-1987).

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(a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises.

(4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees.

CHAPTER IV SAFETY 21. Fencing of machinery.—(1) In every factory the following, namely:— (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not; (ii) the headrace and tailrace of every water-wheel and water turbine: (iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely:— (a) every part of an electric generator, a motor or rotary converter; (b) every part of transmission machinery; and (c) every dangerous part of any other machinery; shall be securely fenced by safeguards of substantial construction which 1[shall be constantly maintained and kept in position] while the parts of machinery the y are fencing are in motion or in use: 2

[Provided that for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when— (i) it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, a s a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or (ii) in the case of any part of a transmission machinery used in such process as may be prescribed (being a process of a continuous nature the carrying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such part of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion, and such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22.]

(2) The State Government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this section.

22. Work on or near machinery in motion.—(1) 3[Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out— (a) in a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or

1. Subs. by Act 94 of 1976, s. 10, for “shall be kept in position” (w.e.f. 26-10-1976).

2. Subs. by s. 10, ibid., for the proviso (w.e.f. 26-10-1976).

3. Subs. by s. 11, ibid., for the opening paragraph and clause (a) (w.e.f. 26-10-1976).

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(iii) any part of a stock-bar which projects beyond the head stock of a lathe; and

[For IAS Prelims 2020 by BestCurrentAffairs.com] (b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of this appointment, and while he is so engaged,— (a) such worker shall not handle a belt at a moving pulley unless— (i) the belt is not more than fifteen centimetres in width; (ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible); (iii) the belt joint is either laced or flush with the belt; (iv) the belt, including the joint and the pulley rim, are in good repair; (vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and (vii) any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person;] (b) without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact.

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[(2) No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.]

(3) The State Government may, by notification in the Official Gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion.

23. Employment of young persons on dangerous machines.—(1) No young person 2[shall be required or allowed to work] at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and— (a) has received sufficient training in work at the machine, or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine.

(2) Sub-section (1) shall apply to such machines as may be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with.

24. Striking gear and devices for cutting off power.—(1) In every factory— (a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on the fast pulley; (b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion.

1. Subs. by Act 25 of 1954, s. 6, for sub-section (2) (w.e.f. 7-5-1954).

2. Subs. by Act 20 of 1987, s. 10, for “shall work” (w.e.f. 1-12-1987).

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(v) there is reasonable clearance between the pulley and any fixed plant or structure;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (2) In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom: Provided that in respect of factories in operation before the commencement of this Act, the provisions of this sub-section shall apply only to workrooms in which electricity is used as power. [(3) When a device, which can inadvertently shift from “off” to “on” position, is provided in a factory to cut off power, arrangements shall be provided for locking the device in safe position to prevent accidental starting of the transmission machinery or other machines to which the device is fitted].

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25. Self-acting machines.—No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of 2[forty-five centimetres] from any fixed structure which is not part of the machine:

26. Casing of new machinery.—(1) In all machinery driven by power and installed in any factory after the commencement of this Act,— (a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; (b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased.

(2) Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with the provisions of 3 [sub-section (1) or any rules made under sub-section (3)], shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

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[(3) The State Government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines.]

27. Prohibition of employment of women and children near cotton-openers.—No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work: Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated.

28. Hoists and lifts.—(1) In every factory— (a) every hoist and lift shall be— (i) of good mechanical construction, sound material and adequate strength; (ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of very such examination;

1. Ins. by Act 94 of 1976, s. 12 (w.e.f. 26-10-1976).

2. Subs. by Act 20 of 1987, s. 11, for “eighteen inches” (w.e.f. 1-12-1987).

3. Subs. by Act 25 of 1954, s. 7, for “sub-section (1)” (w.e.f. 7-5-1954).

4. Subs. by s. 7, ibid., for sub-section (3) (w.e.f. 7-5-1954).

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Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (b) every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; (c) the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such load shall be carried thereon; (d) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing; (e) every gate referred to in clause (b) or clause (d) shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed.

(a) where the cage is supported by rope or chain, there shall be at least two ropes of chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load; (b) efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments; (c) an efficient automatic device shall be provided and maintained to prevent the cage from over-running.

(3) The Chief Inspector may permit the continued, use of a hoist of lift installed in a factory before the commencement of this Act which does not fully comply with the provisions of sub-section (1) upon such conditions for ensuring safely as he may think fit to impose.

(4) The State Government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of sub-sections (1) and (2), by order direct that such requirement shall not apply to such class or description of hoist or lift.

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[Explanation.—For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides.]

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[29. Lifting machines, chains, ropes and lifting tackles.—(1) In any factory the following provisions shall be complied with in respect of every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials:— (a) all parts, including the working gear, whether fixed or movable, of every lifting machine and every chain, rope or lifting tackle shall be— (i) of good construction, sound material and adequate strength and free from defects; (ii) properly maintained; and (iii) thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register shall be kept containing the prescribed particulars of every such examination; (b) no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test be loaded beyond the safe working load which shall be plainly marked thereon together with an identification mark and duly entered in the prescribed register; and where this is not practicable, a table showing the safe working loads of every kind and size of lifting machine or chain, rope or lifting tackle in use shall be displayed in prominent positions on the premises;

1. Ins. by Act 20 of 1987, s. 12 (w.e.f. 1-12-1987).

2. Subs. by Act 25 of 1954, s. 8, for section 29 (w.e.f. 7-5-1954).

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(2) The following additional requirement shall apply to hoists and lifts used for carrying persons and installed or reconstructed in a factory after the commencement of this Act, namely:—

[For IAS Prelims 2020 by BestCurrentAffairs.com] (c) while any person is employed or working on or near the wheel track of a travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within 1[six metres] of that place.

(2) The State Government may make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories— (a) prescribing further requirements to be complied with in addition to those set out in this section; (b) providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticable.

(3) For the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be deemed to have been thoroughly examined if a visual examination supplemented, if necessary, by other means and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safely of the parts examined. (a) “lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway; [(b) “lifting tackle” means any chain sling, rope sling, hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether fixed or movable, used in connection with the raising or lowering of persons, or loads by use of lifting machines.]

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30. Revolving machinery.—(1) 3[In every factory] in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed.

(2) The speeds indicated in notices under sub-section (1) shall not be exceeded.

(3) Effective measures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, fly-wheel, pulley, disc or similar appliance driven by power is not exceeded.

31. Pressure plant.—4[(1) If in any factory, any plant or machinery or any part thereof is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded.]

(2) The State Government may make rules providing for the examination and testing of any plant or machinery such as is referred to in sub-section (1) and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories.

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[(3) The State Government may, by rules, exempt, subject to such conditions as may be specified therein, any part of any plant or machinery referred to in sub-section (1) from the provisions of this section.]

32. Floors, stairs and means of access.—In every factory— (a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained 6[and shall be kept free from obstructions and substances likely to cause persons to slip], and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails; 1. Subs. by Act 20 of 1987, s. 13, for “twenty feet” (w.e.f. 1-12-1987).

2. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-12-1987).

3. Subs. by s. 14, ibid., for “in every room in a factory” (w.e.f. 1-12-1987).

4. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 1-12-1987).

5. Ins. by Act 94 of 1976, s. 13 (w.e.f. 26-10-1976).

6. Ins. by s. 14, ibid. (w.e.f. 26-10-1976).

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Explanation.—In this section.—

[For IAS Prelims 2020 by BestCurrentAffairs.com] (b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work.

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[(c) when any person has to work at a height from where he is likely to fall, provision shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working.]

33. Pits, sumps openings in floors, etc.—(1) In every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced.

(2) The State Government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section.

(2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying or any specified process.

35. Protection of eyes.—In respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves— (a) risk of injury to the eyes from particles or fragments thrown off in the course of the

process,

or (b) risk to the eyes by reason of exposure to excessive light, the State Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of, the process.

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[36. Precautions against dangerous fumes, gases, etc.—(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress.

(2) No person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless— (a) a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust; or (b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space.]

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[36A. Precautions regarding the use of portable electric light.—In any factory—

(a) no portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any chamber, tank, vat, pit, pipe, flue or other confined space 4 [unless adequate safety devices are provided]; and (b) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue or other confined space, no lamp or light other than that flame-proof construction shall be permitted to be used therein.]

1. Subs. by Act 20 of 1987, s. 16, for clause (c) (w.e.f. 1-12-1987).

2. Subs. by s. 17, ibid., for section 36 (w.e.f. 1-12-1987).

3. Ins. by Act 94 of 1976, s. 16 (w.e.f. 26-10-1976).

4. Ins. by Act 20 of 1987, s. 18 (w.e.f. 1-12-1987).

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34. Excessive weights.—(1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 37. Explosive or inflammable dust, gas, etc.—(1) Where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measure shall be taken to prevent any such explosion by— (a) effective enclosure of the plant or machinery used in the process; (b) removal or prevention of the accumulation of such dust, gas, fume or vapour; (c) exclusion or effective enclosure of all possible sources of ignition.

(2) Where in any factory the plant or machinery used in a process such as is referred to in sub-section (1) is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measures shall be taken to restrict the spread and effects of the explosion by the provision in the plant or machinery of chokes, baffles, vents or other effective appliances.

(a) before the fastening of any joint of any pipe connected with the part or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part of any such pipe shall be effectively stopped by a stop-valve or other means; (b) before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce the pressure of the gas or vapour in the part or pipe to atmospheric pressure; (c) where any such fastening as aforesaid has been loosened or removed effective measures shall be taken or prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening has been secured, or the case may be, securely replaced; Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air.

(4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any factory to any welding, brazing, soldering or cutting operation which involves the application of heat unless adequate measures have first been taken to remove such substance and any fumes arising therefrom or to render such substance and fumes non-explosive or non-inflammable, and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any risk of igniting the substance.

(5) The State Government may by rules exempt, subject to such conditions as may be prescribed, any factory or class or description of factories from compliance with all or any of the provisions of this section.

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[38. Precautions in case of fire.—(1) In every factory, all practicable measures shall he taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain— (a) safe means of escape for all persons in the event of a fire, and (b) the necessary equipment and facilities for extinguishing fire.

(2) Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases.

(3) The State Government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of sub-sections (1) and (2).

1. Subs. by Act 20 of 1987, s. 19, for section 38 (w.e.f. 1-12-1987).

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(3) Where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely:—

[For IAS Prelims 2020 by BestCurrentAffairs.com] (4) Notwithstanding anything contained in clause (a) of sub-section (1) or sub-section (2), if the Chief Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provided in the factory, whether as prescribed or not, for the purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate, he may, by order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order.]

39. Power to require specifications of defective parts or tests of stability.—If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on 1[the occupier or manger or both] of the factory an order in writing requiring him before a specified date— (a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or

40. Safety of buildings and machinery.—(1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on 1[the occupier or manager or both] of the factory an order in writing specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.

(2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on 1 [the occupier or manager or both] of the factory an order in writing prohibiting its use until it has been properly repaired or altered.

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[40A. Maintenance of buildings.—If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.]

40B. Safety Officers.—(1) In every factory— (i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so, required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification.

(2) The duties, qualifications and conditions of service of Safety Officers shall be such as may be prescribed by the State Government.]

41. Power to make rules to supplement this Chapter.—The State Government may make rules requiring the provision in any factory or in any class or description of factories of such further 3[devices and measures] for securing the safety of persons employed therein as it may deem necessary.

1. Subs. by Act 94 of 1976, s. 18, for “the manager” (w.e.f. 26-10-1976).

2. Ins. by s. 19, ibid. (w.e.f. 26-10-1976).

3. Subs. by s. 20, ibid., for “devices” (w.e.f. 26-10-1976).

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(b) to carry out such tests in such manner as may be specified in the order, and to inform the Inspector of the results thereof.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 1

[CHAPTER IVA

PROVISIONS RELATING TO HAZARDOUS PROCESSES 41A. Constitution of Site Appraisal Committee.—(1) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of an such factory, appoint a Site Appraisal Committee consisting of— (a) the Chief Inspector of the State who shall be its Chairman; (b) a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(d) a representative of the State Board appointed under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (e) a representative of the State Board for the Prevention and Control of Air Pollution referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (f) a representative of the Department of Environment in the State; (g) a representative of the Meteorological Department of the Government of India; (h) an expert in the field of occupational health; and (i) a representative of the Town Planning Department of the State Government, and not more than five other members who may be co-opted by the State Government who shall be— (i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory, (ii) a representative of the local authority within whose jurisdiction the factory is to be established, and (iii) not more than three other persons as deemed fit by the State Government.

(2) The Site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form.

(3) Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee.

(4) The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process.

(5) Where the State Government has granted approval to an application for the establishment or expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board established under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981).

1. Ins. by Act 20 of 1987, s. 20 (w.e.f. 1-12-1987).

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(c) a representative of the Central Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981);

[For IAS Prelims 2020 by BestCurrentAffairs.com] 41B. Compulsory disclosure of information by the occupier.—(1) The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufactures, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity.

(2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any change made in the said policy.

(4) Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place.

(5) Every occupier of a factory shall,— (a) if such factory engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987 (20 of 1987), within a period of thirty days of such commencement; and (b) if such factory proposes to engaged in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process, inform the Chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed.

(6) Where any occupier of a factory contravenes the provisions of sub-section (5), the licence issued under section 6 to such factory shall, notwithstanding any penalty to which the occupier or factory shall be subjected to under the provisions of this Act, be liable for cancellation.

(7) The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in the vicinity.

41C. Specific responsibility of the occupier in relation to hazardous processes.—Every occupier of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed; (b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed: Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final; (c) provide for medical examination of every worker— (a) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and (b) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed.

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(3) The information furnished under sub-section (1) shall include accurate information as to the quantity, specification and other characteristics of wastes and the manner of their disposal.

41D. Power of Central Government to appoint Inquiry Committee.—(1) The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhere.

(2) The Committee appointed under sub-section (1) shall consist of a Chairman and two other members and the terms of reference of the Committee and the tenure of office of its members shall be such as may be determined by the Central Government according to the requirements of the situation.

(3) The recommendations of the Committee shall be advisory in nature.

41E. Emergency standards.—(1) Where the Central Government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the Director-General of Factory Advice Service and Labour Institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes.

(2) The emergency standards laid down under sub-section (1) shall, until they are incorporated in the rules made under this Act, be enforceable and have the same effect as if they had been incorporated in the rules made under this Act. *41F. Permissible limits of exposure of chemical and toxic substances.—(1) The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule.

(2) The Central Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field by notification in the Official Gazette, make suitable changes in the said Schedule.

41G. Workers’ participation in safety management.—(1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodical the measures taken in that behalf: Provided that the State Government may, by order in writing and for reasons to be recorded exempt the occupier of any factory or class of factories from setting up such Committee.

(2) The composition of the Safety Committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed.

41H. Right of workers to warn about imminent danger.—(1) Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in charge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector.

(2) It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector.

(3) If the occupier, agent, manager or the person in charge referred to in sub-section (2) is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on the question of the existence of such imminent danger shall be final.] * Ins. by Act 20 of 1987, s. 20 (w.e.f. 1-6-1988).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] CHAPTER V WELFARE 42. Washing facilities.—(1) In every factory— (a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein; (b) separate and adequately screened facilities shall be provided for the use of male and female workers; (c) such facilities shall be conveniently accessible and shall be kept clean.

(2) The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing.

44. Facilities for sitting.—(1) In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.

(2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working.

(3) The State Government may, by notification in the Official Gazette, declare that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process.

45. First-aid appliances.—(1) There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed 1[at any one time] in the factory.

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[(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard.

(3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person 3[who holds a certificate in first-aid treatment recognised by the State Government] and who shall always be readily available during the working hours of the factory.]

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[(4)] In every factory wherein more than five hundred workers are 5[ordinarily employed] there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed 6[and those facilities shall always be made readily available during the working hours of the factory].

46. Canteens.—(1) The State Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.]

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the date by which such canteen shall be provided;

1. Ins. by Act 25 of 1954, s. 9 (w.e.f. 7-5-1954).

2. Subs. by s. 9, ibid., for sub-section (2) (w.e.f. 7-5-1954).

3. Subs. by Act 94 of 1976, s. 21, for “who is trained in first-aid treatment” (w.e.f. 26-10-1976).

4. Sub-section (3) renumbered as sub-section (4) by Act 25 of 1954, s. 9 (w.e.f. 7-5-1954).

5. Subs. by Act 94 of 1976, s. 21, for “employed” (w.e.f. 26-10-1976).

6. Ins. by s. 21, ibid. (w.e.f. 26-10-1976).

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43. Facilities for storing and drying clothing.—The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn daring working hours and for the drying of wet clothing.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; 1

[(dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;] (e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c).

Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section: Provided further that where a lunch room exists no worker shall eat any food in the work room.

(2) The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted aid ventilated and shall be maintained in a cool and clean condition.

(3) The State Government may— (a) prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section; (b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section.

48. Creches.—(1) In every factory wherein more than 2[thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.

(2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.

(3) The State Government may make rules— (a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section; (b) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing; (c) requiring the provision in any factory of free milk or refreshment or both for such children; (d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.

49. Welfare officers.—(1) In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed.

(2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1).

1. Ins. by Act 94 of 1976, s. 22 (w.e.f. 26-10-1976).

2. Subs. by s. 23, ibid., for “fifty women workers” (w.e.f. 26-10-1976).

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47. Shelters, rest rooms and lunch rooms.—(1) In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers:

[For IAS Prelims 2020 by BestCurrentAffairs.com] 50. Power to make rules to supplement this Chapter.—The State Government may make rules— (a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter; (b) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers.

CHAPTER VI WORKING HOURS OF ADULTS 51. Weekly hours.—No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.

(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,— (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and (ii) displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.

(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.

(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.

53. Compensatory holidays.—(1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

(2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.

54. Daily hours.—Subject to the provisions of section 51, not adult worker shall be required or allowed to work in a factory for more than nine hours in any day: 1

[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.]

55. Intervals for rest.—2[(1)] 3[The periods of work] of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.

1. Added by Act 25 of 1954, s. 10 (w.e.f. 7-5-1954).

2. Section 55 renumbered as sub-section (1) of that section by s. 11, ibid. (w.e.f. 7-5-1954).

3. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “The period” (w.e.f. 1-5-1949).

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52. Weekly holidays.—(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless—

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[(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so, however, that the total number of hours worked by a worker without an interval does not exceed six.]

56. Spread over.—The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in writing increase the 2[spread over up to twelve hours].

57. Night shifts.—Where a worker in a factory works on a shift which extends beyond midnight,—

(b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

58. Prohibition of overlapping shifts.—(1) Work shall not be carried on in any factory by means of system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time.

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[(2) The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).]

59. Extra wages for overtime.—(1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. [(2) For the purposes of sub-section (1), “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.

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(3) Where any workers in a factory are paid on a piece rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be ordinary rates of wages of those workers: Provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earning of the worker for the days on which he actually worked in the week in which the overtime work was done.

Explanation.—For the purposes of this sub-section in computing the earnings for the days on which the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded.]

1. Added by Act 25 of 1954, s. 11 (w.e.f. 7-5-1954).

2. Subs. by Act 94 of 1976, s. 24, for “spread over to twelve hours” (w.e.f. 26-10-1976).

3. Subs. by Act 25 of 1954, s. 12, for sub-section (2) (w.e.f. 7-5-1954).

4. Subs. by Act 94 of 1976, s. 25, for sub-sections (2) and (3) (w.e.f. 26-10-1976).

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(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;

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[(4) The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.

Explanation 1.—“Standard family” means a family consisting of the worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units.

Explanation 2.—“Adult consumption unit” means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit.

(5) The State Government may make rules prescribing— (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed; and

60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.

61. Notice of periods of work for adults.—(1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work.

(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 54, 2[ 55, 56 and 58].

(3) Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally.

(4) Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in each group.

(5) For each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work.

(6) Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to work.

(7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day.

(8) The State Government may prescribe forms of the notice required by sub-section (1) and the manner in which it shall be maintained.

(9) In the case of a factory beginning work after the commencement of this Act, a copy of the notice referred to in sub-section (1) shall be sent in duplicate to the Inspector before the day on which work is begun in the factory.

1. Subs. by Act 25 of 1954, s. 13, for sub-section (4) (w.e.f. 7-5-1954).

2. Subs. by s. 14, ibid., for “55 and 56” (w.e.f. 7-5-1954).

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(b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.]

[For IAS Prelims 2020 by BestCurrentAffairs.com] (10) Any proposed change in the system of work in any factory which will necessitate a change in the notice referred to in sub-section (1) shall be notified to the Inspector in duplicate before the change is made, and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change.

62. Register of adult workers.—(1) The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing— (a) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in place of, and be treated as the register of adult workers in that factory.

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[(1A) No adult worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult workers.]

(2) The State Government may prescribe the form of the register of adult workers, the manner in which it shall be maintained and the period for which it shall be preserved.

63. Hours of work to correspond with notice under section 61 and register under section 62.—No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory.

64. Power to make exempting rules.—(1) The State Government may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a factory 2[or empowering the Chief Inspector to declare any person, other than a person defined by such rules, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the Chief Inspector, such person holds such position or is so employed], and the provisions of this Chapter, other than the provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, shall not apply to any person so defined 2[or declared]: 2

[Provided that any person so defined or declared shall, where the ordinary rate of wages of such person 3[does not exceed the wage limit specified in sub-section (6) of section 1 of the Payment of Wages Act, 1936 (4 of 1936), as amended from time to time], be entitled to extra wages in respect of overtime work under section 59.]

(2) The State Government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed— (a) of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54, 55 and 56; (b) of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory, from the provisions of sections 51, 54, 55 and 56; (c) of workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest required by or under section 55, from the provisions of sections 51, 54, 55 and 56; 1. Ins. by Act 94 of 1976, s. 26 (w.e.f. 26-10-1976).

2. Ins. by s. 27, ibid. (w.e.f. 26-10-1976).

3. Subs. by Act 20 of 1987, s. 21, for “does not exceed rupees seven hundred and fifty per month” (w.e.f. 1-12-1987).

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(e) such other particulars as may be prescribed:

[For IAS Prelims 2020 by BestCurrentAffairs.com] (d) of workers engaged in any work which for technical reasons must be carried on continuously 1*** from the provisions of sections 51, 52, 54, 55 and 56; (e) of workers engaged in making or supplying articles of prime necessity which must be made or supplied every day, from the provisions of 2[section 51 and section 52]; (f) of workers engaged in a manufacturing process which cannot be carried on except during fixed seasons, from the provisions of 2[section 51, section 52 and section 54]; (g) of workers engaged in a manufacturing process which cannot be carried on except at times dependent on the irregular action of natural forces, from the provisions of sections 52 and 55; (h) of workers engaged in engine-rooms or boiler-houses or in attending to power-plant or transmission machinery, from the provisions of 2[section 51 and section 52]; 3

[(i) of workers engaged in the printing of newspapers, who are held up on account of the breakdown of machinery, from the provisions of sections 51, 54 and 56.

(j) of workers engaged in the loading or unloading of railway wagons, 4[or lorries or truck] from the provisions of sections 51, 52, 54, 55 and 56]; 4

[(k) of workers engaged in any work, which is notified by the State Government in the Official Gazette as a work of national importance, from the provisions of section 51, section 52, section 54, section 55 and section 56.]

(3) Rules made under sub-section (2) providing for any exemption may also provide for any consequential exemption from the provisions of section 61 which the State Government may deem to be expedient, subject to such conditions as it may prescribe.

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[(4) In making rules under this section, the State Government shall not exceed, except in respect of exemption under clause (a) of sub-section (2), the following limits of work inclusive of overtime:— (i) the total number of hours of work in any day shall not exceed ten; (ii) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day: Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause (d) of sub-section (2), make rules prescribing the circumstances in which, and the conditions subject to which, the restrictions imposed by clause (i) and clause (ii) shall not apply in order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to report for duty; 4

[(iii) the total number of hours of work in a week, including overtime, shall not exceed sixty;]

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[(iv)] the total number of hours of overtime shall not exceed fifty for any one quarter.

Explanation.—“Quarter” means a period of three consecutive months beginning on the 1st of January, the 1st of April, the 1st of July or the 1st of October.]

(5) Rules made under this section shall remain in force for not more than 7[five years].

65. Power to make exempting orders.—(1) Where the State Government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it 1. The words “throughout the day” omitted by Act 25 of 1954, s. 15 (w.e.f. 7-5-1954).

2. Subs. by Act 94 of 1976, s. 27, for “section 52” (w.e.f. 26-10-1976).

3. Added by Act 25 of 1954, s. 15 (w.e.f. 7-5-1954).

4. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976).

5. Subs. by Act 25 of 1954, s. 15, for sub-section (4) (w.e.f. 7-5-1954).

6. Clause (iii) renumbered as clause (iv) by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976).

7. Subs. by s. 27, ibid., for “three years” (w.e.f. 26-10-1976).

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Explanation.—In this clause the expression “newspapers'' has the meaning assigned to it in the Press and Registration of Books Act, 1867 (25 of 1867);

[For IAS Prelims 2020 by BestCurrentAffairs.com] may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work.

(2) The State Government or, subject to the control of the Stale Government, the Chief Inspector may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work.

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[(3) Any exemption granted under sub-section (2) shall be subject to the following conditions, namely:— (i) the total number of hours of work in any day shall not exceed twelve; (ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day; (iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five.

Explanation.—In this sub-section “quarter” has the same meaning as in sub-section (4) of section 64.]

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66. Further restrictions on employment of women.—(1) The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:— (a) no exemption from the provisions of section 54 may be granted in respect of any woman; (b) no woman shall be 3[required or allowed to work in any factory] except between the hours of 6 A.M. and 7 P.M.: Provided that the State Government may, by notification in the Official Gazette, in respect of 4[any factory or group or class or description of factories,] very the limits laid down in clause (b), but so that no such variation shall authorise the employment of any woman between the hours of 10 P.M. and 5 A.M.: 5

[(c) there shall be no change of shifts except after a weekly holiday or any other holiday.]

(2) The State Government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw material.

(3) The rules made under sub-section (2) shall remain in force for not more than three years at a time.

CHAPTER VII EMPLOYMENT OF YOUNG PERSONS 67. Prohibition of employment of young children.—No child who has not completed his fourteenth year shall be required or allowed to work in any factory.

68. Non-adult workers to carry tokens.—A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless— (a) a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and

1. Subs. by Act 94 of 1976, s. 28, for sub-section (3) (w.e.f. 26-10-1976).

2. Omitted by s. 28, ibid. (w.e.f. 26-10-1976).

3. Subs. by s. 29, ibid., for “employed in any factory” (w.e.f. 26-10-1976).

4. Subs. by s. 29, ibid., for “any class or description of factories” (w.e.f. 26-10-1976).

5. Ins. by Act 25 of 1954, s. 17 (w.e.f. 7-5-1954).

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(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (b) such child or adolescent carries while he is at work a token giving a reference to such certificate.

69. Certificates of fitness.—(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.

(2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew— (a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work;

Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this sub-section until he has examined such place.

(3) A certificate of fitness granted or renewed under sub-section (2)— (a) shall be valid only for a period of twelve months from the date thereof: (b) may be made subject to conditions in regard to the nature of the work in which the young person may be employed, or requiring re-examination of the young person before the expiry of the period of twelve months.

(4) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2) if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory.

(5) Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate or the renewal thereof, state his reasons in writing for so doing.

(6) Where a certificate under this section with reference to any young person is granted or renewed subject to such conditions as are referred to in clause (b) of sub-section (3), the young person shall not be required or allowed to work in any factory except in accordance with those conditions.

(7) Any fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian.

70. Effect of certificate of fitness granted to adolescent.—(1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapter VI and VIII. 1

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[(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M.: Provided that the State Government may, by notification in the Official Gazelle, in respect of any factory or group or class or description of factories,— (i) vary the limits laid down in this sub-section so, however, that no such section shall authorise the employment of any female adolescent between 10 P.M. and 5 A.M. 1. The proviso and the Explanation omitted by Act 20 of 1987, s. 22 (w.e.f. 1-12-1987).

2. Ins. by s. 22, ibid. (w.e.f. 1-12-1987).

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(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year, and is fit for a full day's work in a factory:

[For IAS Prelims 2020 by BestCurrentAffairs.com] (ii) grant exemption from the provisions of this sub-section in case of serious emergency where national interest is involved.]

(2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act. 71. Working hours for children.—(1) No child shall be employed or permitted to work, in any factory— (a) for more than four and a half hours in any day; 1

[(b) during the night.

(2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days.

(3) The provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child.

(4) No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory.

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[(5) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.] 72. Notice of periods of work for children.—(1) There shall be displayed and correctly maintained in every factory in which children are employed, in accordance with the provisions of sub-section (2) of section 108 a notice of periods of work for children, showing clearly for every day the periods during which children may be required or allowed to work.

(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the method laid down for adult workers in section 61, and shall be such that children working for those periods would not be working in contravention of any of the provisions of section 71.

(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice required by sub-section (1) of this section.

73. Register of child workers.—(1) The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showing— (a) the name of each child worker in the factory, (b) the nature of his work, (c) the group, if any, in which he is included, (d) where his group works on shifts, the relay to which he is allotted, and (e) the number of his certificate of fitness granted under section 69.

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[(1A) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers.]

(2) The State Government may prescribe the form of the register of child workers, the manner in which it shall be maintained and the period for which it shall be preserved.

1. Subs. by Act 25 of 1954, s. 19, for clause (b) (w.e.f. 7-5-1954).

2. Ins. by Act 20 of 1987, s. 23 (w.e.f. 1-12-1987).

3. Ins. by Act 94 of 1976, s. 30 (w.e.f. 26-10-1976).

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Explanation.—For the purpose of this sub-section “night” shall mean a period of at least twelve consecutive hours which shall include the interval between 10 P.M. and 6 A.M.]

[For IAS Prelims 2020 by BestCurrentAffairs.com] 74. Hours of work to correspond with notice under section 72 and register under section 73.—No child worker shall be employed in any factory otherwise than in accordance with the notice of periods of work for children displayed in the factory and the entries made beforehand against his name in the register of child workers of the factory.

75. Power to require medical examination.—Where an Inspector is of opinion— (a) that any person working in a factory without a certificate of fitness is a young person, or (b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein, he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person. (a) prescribing the forms of certificates of fitness to be granted under section 69, providing for the grant of duplicates in the event of loss of the original certificates, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates; (b) prescribing the physical standards to be attained by children and adolescents working in factories; (c) regulating the procedure of certifying surgeons under this Chapter; (d) specifying other duties which certifying surgeons may be required to perform in connection with the employment of young persons in factories, and fixing the fees which may be charged for such duties and the persons by whom they shall be payable.

77. Certain other provisions of law not barred.—The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938 (26 of 1938).

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[CHAPTER VIII

ANNUAL LEAVE WITH WAGES 78. Application of Chapter.—(1) The provisions of this Chapter shall not operate to the prejudice of any right to which a worker may be entitled under any other law or under the terms of any award, 2[agreement (including settlement)] or contract of service: 3

[Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply.]

(2) The provisions of this Chapter shall not apply to workers 4[in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government.

79. Annual leave with wages.—(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of— (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; 1. Subs. by Act 25 of 1954, s. 20 for Chapter VIII (w.e.f. 7-5-1954).

2. Subs. by Act 94 of 1976, s. 31, for “agreement” (w.e.f. 26-10-1976).

3. Subs. by s. 31, ibid., for the proviso (w.e.f. 26-10-1976).

4. Subs. by s. 31, ibid., for “in any workshop” (w.e.f. 26-10-1976).

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76. Power to make rules.—The State Government may make rules—

[For IAS Prelims 2020 by BestCurrentAffairs.com] (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.

Explanation 1.—For the purpose of this sub-section— (a) any days of lay off, by agreement or contract or as permissible under the standing orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed, shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.

(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.

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[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made— (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and (ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.]

(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted.

(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child: Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) 2[or in contravention of sub-section (10)] shall be entitled to carry forward the 3[leave refused] without any limit.

(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (ii) of section 2 of the Industrial Disputes Act. 1947 (14 of 1947): Provided further that the number of times in which leave may be taken during any year shall not exceed three.

1. Subs. by Act 94 of 1976, s. 32, for sub-section (3) (w.e.f. 26-10-1976).

2. Ins. by s. 32, ibid. (w.e.f. 26-10-1976).

3. Subs. by s. 32, ibid., for “unavailed leave” (w.e.f. 26-10-1976).

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Explanation 2.—The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.

(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.

(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).

(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment, before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.

(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.

80. Wages during leave period.—(1) For the leave allowed to him under 1[section 78 or section 79, as the case may be,] a worker 2[shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which 3[he actually worked] during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles: 4

[Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of food grains and other articles.]

(2) The cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of food grains and other articles admissible to a standard family.

Explanation 1.—“Standard family” means a family consisting of a worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units.

1. Subs. by Act 94 of 1976, s. 33, for “section 79” (w.e.f. 26-10-1976).

2. Subs. by Act 20 of 1987, s. 24, for “shall be paid” (w.e.f. 1-12-1987).

3. Subs. by Act 94 of 1976, s. 33, for “he worked” (w.e.f. 26-10-1976).

4. Ins. by Act 20 of 1987, s. 24 (w.e.f. 1-12-1987).

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(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Explanation 2.—“Adult consumption unit” means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit.

(3) The State Government may make rules prescribing— (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.

81. Payment in advance in certain cases.—A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed.

83. Power to make rules.—The State Government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors.

84. Power to exempt factories.—Where the State Government is satisfied that the leave rules applicable to workers in a factory provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision it may, by written order; exempt the factory from all or any of the provisions of this Chapter subject to such conditions as may be specified in the order.]

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[Explanation.—For the purposes of this section, in deciding whether the benefits which are provided for by any leave rules are less favourable than those for which this Chapter makes provision, or not, the totality of the benefits shall be taken into account.]

CHAPTER IX SPECIAL PROVISIONS 85. Power to apply the act to certain premises.—(1) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, notwithstanding that— (i) the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner: Provided that the manufacturing process is not being carried on by the owner only with the aid of his family.

(2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and the owner shall be deemed to be the occupier, and any person working therein, a worker.

Explanation.—For the purposes of this section, “owner” shall include a lessee or mortgage with possession of the premises.

86. Power to exempt public institutions.—The State Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, 2 [training, research] or reformation, from all or any of the provisions of this Act: 1. Ins. by Act 94 of 1976, s. 34 (w.e.f. 26-10-1976).

2. Subs. by s. 35, ibid., for “training” (w.e.f. 26-10-1976).

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82. Mode of recovery of unpaid wages.—Any sum required to be paid by an employer, under his Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936).

[For IAS Prelims 2020 by BestCurrentAffairs.com] Provided that no exemption shall be granted from the provisions relating to hours of work and holidays, unless the persons having the control of the institution submit, for the approval of the State Government, a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates of the institution, and the State Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of this Act. 87. Dangerous operations.—Where the State Government is of opinion that any 1[manufacturing process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the 1[manufacturing process or operation] is carried on— (a) specifying the 1[manufacturing process or operation] and declaring it to be dangerous;

(c) providing for the periodical medical examination of persons employed, or seeking to be employed, in the 1[manufacturing process or operation], and prohibiting the employment or persons not certified as fit for such employment 2[and requiring the payment by the occupier of the factory of fees for such medical examination]; (d) providing for the protection of all persons employed in the 1[manufacturing process or operation] or in the vicinity of the places where it is carried on; (e) prohibiting, restricting or controlling the use of any specified materials or processes in connection with the 1[manufacturing process or operation]; 2

[(f) requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation.

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[87A. Power to prohibit employment on account of serious hazard.—(1) Where it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed.

(2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days until extended by the Chief Inspector by a subsequent order.

(3) Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief Inspector under sub-section (2), shall have the right to appeal to the High Court.

(4) Any person whose employment has been affected by an order issued under sub-section (1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible and in the manner prescribed.

(5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties under the Industrial Disputes Act, 1947 (14 of 1947).]

1. Subs. by Act 94 of 1976, s. 36, for “operation” (w.e.f. 26-10-1976).

2. Ins. by s. 36, ibid. (w.e.f. 26-10-1976).

3. Omitted by Act 20 of 1987, s. 25 (w.e.f. 1-12-1987).

4. Ins. by s. 26, ibid. (w.e.f. 1-12-1987).

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(b) prohibiting or restricting the employment of women, adolescents or children in the 1[manufacturing process or operation];

[For IAS Prelims 2020 by BestCurrentAffairs.com] 88. Notice of certain accidents.—1[(1)] Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.

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[(2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or, if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period.

(3) The State Government may make rules for regulating the procedure at inquiries under this section.]

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89. Notice of certain diseases.—(1) Where any worker in a factory contracts any disease specified in [the Third Schedule], the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.

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(2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in 4[the Third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating— (a) the name and full postal address of the patient, (b) the disease from which he believes the patient to be suffering, and (c) the name and address of the factory in which the patient is, or was last, employed.

(3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified in 4 [the Third Schedule], he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land-revenue from the occupier of the factory in which the person contracted the disease.

(4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to 5[one thousand rupees].

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[(5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.] 90. Power to direct enquiry into cases of accident or disease.—(1) The State Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in 7[the Third Schedule] has been, or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.

1. Section 88 re-numbered as sub-section (1) thereof by Act 94 of 1976, s. 37 (w.e.f. 26-10-1976).

2. Ins. by s. 37, ibid. (w.e.f. 26-10-1976).

3. Ins. by s. 38, ibid. (w.e.f. 26-10-1976).

4. Subs. by Act 20 of 1987, s. 27, for “the Schedule” (w.e.f. 1-12-1987).

5. Subs. by s. 27, ibid., for “fifty rupees” (w.e.f. 1-12-1987).

6. Added by s. 27, ibid. (w.e.f. 1-12-1987).

7. Subs. by s. 28, ibid., for “the Schedule” (w.e.f. 1-12-1987).

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[88A. Notice of certain dangerous occurrences.—Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.]

[For IAS Prelims 2020 by BestCurrentAffairs.com] (2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860).

(3) The person holding an inquiry under this section shall make a report to the State Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and addition any observations which he or any of the assessors may think fit to make.

(4) The State Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom.

91. Power to take samples.—(1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substances used or intended to be used in the factory, such use being— (a) in the belief of the Inspector in contravention of any of the provisions of this Act or the rules made thereunder, or (b) in the opinion of the Inspector likely to cause bodily injury to, or injury to the health of, workers in the factory.

(2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto.

(3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section.

(4) The Inspector shall— (a) forthwith give one portion of the sample to the person informed under sub-section (1); (b) forthwith send the second portion to a Government Analyst for analysis and report thereon; (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

(5) Any document purporting to be a report under the hand of any Government Analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance.

1

[91A. Safety and occupational health surveys.—(1) The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes, or the Director General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director General of Factory Advice Service and Labour Institutes or the Director General of Health Services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

1. Ins. by Act 94 of 1976, s. 39 (w.e.f. 26-10-1976).

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(5) The State Government may make rules for regulating the procedure at inquiries under this section.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey.

(3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory.]

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[Explanation.—For the purposes of this section, the report, if any, submitted to the State Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector under this Act.] CHAPTER X 92. General penalty for offences.—Save as is otherwise expressly provided in this Act and subject to the provisions of section 93 , if in, or in respect of, any factory there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to 2[two years] or with fine which may extend to 3[one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to 4[one thousand rupees] for each day on which the contravention is so continued: 5

[Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 6[twenty-five thousand rupees] in the case of an accident causing death, and 7[five thousand rupees] in the case of an accident causing serious bodily injury.

Explanation.—In this section and in section 94 “serious bodily injury” means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot.]

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[93. Liability of owner of premises in certain circumstances.—(1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.

(2) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1).

(3) Where is any premises, independent or self-containted, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of— (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned; (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier; 1. Ins. by Act 20 of 1987, s. 29 (w.e.f. 1-12-1987).

2. Subs. by s. 30, ibid., for “three months” (w.e.f. 1-12-1987).

3. Subs. by s. 30, ibid., for “two thousand rupees” (w.e.f. 1-12-1987).

4. Subs. by s. 30, ibid., for “seventy-five rupees” (w.e.f. 1-12-1987).

5. Ins. by Act 94 of 1976, s. 40 (w.e.f. 26-10-1976).

6. Subs. by Act 20 of 1987, s. 30, for “one thousand rupees” (w.e.f. 1-12-1987).

7. Subs. by s. 30, ibid., for “five hundred rupees” (w.e.f. 1-12-1987).

8. Subs. by Act 25 of 1954, s. 21, for section 93 (w.e.f. 7-5-1954).

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PENALTIES AND PROCEDURE

[For IAS Prelims 2020 by BestCurrentAffairs.com] (iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages; (iv) precautions in case of fire; (v) maintenance of hoists and lifts; and (vi) maintenance of any other common facilities provided in the premises.

(4) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (3).

(5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories:

(6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48.

(7) Where in any premises portions of a room or a shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of— (i) Chapter III, except sections 14 and 15; (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36: Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control: Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him; (iii) section 42.

(8) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (7).

(9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.]

94. Enhanced penalty after previous conviction.—1[(1)] If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to 2[three years] or with fine 3[which shall not be less than 4[ten thousand rupees] but which may extend to 5[two lakh rupees]] or with both: 6

[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than 4[ten thousand rupees]:

1. Section 94 renumbered as sub-section (1) thereof by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976).

2. Subs. by Act 20 of 1987, s. 31, for “six months” (w.e.f. 1-12-1987).

3. Subs. by Act 94 of 1976, s. 41, for “which may extend to one thousand rupees” (w.e.f. 26-10-1976).

4. Subs. by Act 20 of 1987, s. 31, for “two hundred rupees” (w.e.f. 1-12-1987).

5. Subs. by s. 31, ibid., for “five thousand rupees” (w.e.f. 1-12-1987).

6. Subs. by Act 94 of 1976, s. 41, for the proviso (w.e.f. 26-10-1976).

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Provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities.

[For IAS Prelims 2020 by BestCurrentAffairs.com] Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 1[thirty-five thousand rupees] in the case of an accident causing death and 2[ten thousand rupees] in the case of an accident causing serious bodily injury.]

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[(2) For the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission or the offence for which the person is subsequently being convicted.]

96. Penalty for wrongfully disclosing results of analysis under section 91.—Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term which may extend to 6[six months] or with fine which may extend to 7[ten thousand rupees] or with both.

8

[96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.—(1) Whoever Whoever fails to comply with or contravenes any of the provisions of section 41B , 41 C or 41 H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.]

97. Offences by workers.—(1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to 9[five hundred rupees].

(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.

98. Penalty for using false certificate of fitness.—Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70 , a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to 10 [two months] or with fine which may extend to 11[one thousand rupees] or with both.

1. Subs. by Act 20 of 1987, s. 31, for “two thousand rupess” (w.e.f. 1-12-1987).

2. Subs. by s. 31, ibid., for “one thousand rupees” (w.e.f. 1-12-1987).

3. Ins. by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976).

4. Subs. by Act 20 of 1987, s. 32, for “three months” (w.e.f. 1-12-1987).

5. Subs. by s. 32, ibid., for “five hundred rupees” (w.e.f. 1-12-1987).

6. Subs. by s. 33, ibid., for “three months” (w.e.f. 1-12-1987).

7. Subs. by s. 33, ibid., for “five hundred rupees” (w.e.f. 1-12-1987).

8. Ins. by s. 34, ibid. (w.e.f. 1-12-1987).

9. Subs. by s. 35, ibid., for “twenty rupees” (w.e.f. 1-12-1987).

10. Subs. by s. 36, ibid., for “one month” (w.e.f. 1-12-1987).

11. Subs. by s. 36, ibid., for “fifty rupees” (w.e.f. 1-12-1987).

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95. Penalty for obstructing Inspector.—Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers or other documents in his custody kept in pursuance of this Act or of any rules made thereunder, or conceals or prevents any worker in a factory from appearing before, or being examined by, an Inspector, shall be punishable with imprisonment for a term which may extend to 4[six months] or with fine which may extend to 5[ten thousand rupees] or with both.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 99. Penalty for permitting double employment of child.—If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to 1[one thousand rupees], unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person.

100. [Determination of occupier in certain cases.] Rep. by the Factories (Amendment) Act, 1987 (20 of 1987), s. 38 (w.e.f. 1-12-1987).

101. Exemption of occupier or manager from liability in certain cases.—Where the occupier or manager of a factory is charged with an offence punishable under this Act, he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court— (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be discharged from any liability under this Act in respect of such offence: Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor: Provided further that, if the person charged as the actual offender by the occupier or manager cannot be brought before the Court at the time appointed for hearing the charge, the Court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offenders cannot still be brought before the Court, the Court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager.

102. Power of Court to make orders.—(1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the Court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the court may, if it thinks fit and on application in such behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.

(2) Where an order is made under sub-section (1) the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period, or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as the case may be, the order or the Court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefore by the Court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine, as aforesaid.

103. Presumption as to employment.—If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.

1. Subs. by Act 20 of 1987, s. 37, for “fifty rupees” (w.e.f. 1-12-1987).

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(a) that he has used due diligence to enforce the execution of this Act, and

[For IAS Prelims 2020 by BestCurrentAffairs.com] 104. Onus as to age.—(1) When any act or omission would, if a person were under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is no under such age.

(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated is such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.

1

[104A. Onus of proving limits of what is practicable, etc.—In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement.]

(2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act. 106. Limitation of prosecutions.—No Court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector: Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

2

[Explanation.—For the purposes of this section,—

(a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues; (b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired.]

3 [106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.—For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the place where such offence has been committed.]

CHAPTER XI SUPPLEMENTAL 107. Appeals.—(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.

(2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed: Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the aid of any assessor.

1. Ins. by Act 20 of 1987, s. 39 (w.e.f. 1-12-1987).

2. Ins. by Act 94 of 1976, s. 43 (w.e.f. 26-10-1976).

3. Ins. by Act 20 of 1987, s. 40 (w.e.f. 1-12-1987).

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105. Cognizance of offences.—(1) No Court shall take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing of, an Inspector.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (3) Subject to such rules as the Stale Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal.

108. Display of notices.—(1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice containing such abstracts of this Act and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon.

(2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition.

109. Service of notices.—The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.

110. Returns.—The State Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purposes of this Act. 111. Obligations of workers.—(1) No worker in a factory— (a) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein; (b) shall wilfully and without reasonable cause do anything likely to endanger himself or

others;

and (c) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.

(2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

1

[111A. Right of workers, etc.—Every worker shall have the right to— (i) obtain from the occupier, information relating to workers' health and safety at work,

(ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training center or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work, (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.]

112. General power to make rules.—The State Government may make rules providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this Act. 113. Powers of Centre to give directions.—The Central Government may give directions to a State Government to the carrying into execution of the provisions of this Act. 114. No charge for facilities and conveniences.—Subject to the provisions of section 46 no fee or charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act. 1. Ins. by Act 20 of 1987, s. 41 (w.e.f. 1-12-1987).

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(3) The Chief Inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 115. Publication of rules.—1[(1)] All rules made under this Act shall be published in the Official Gazette, and shall be subject to the condition of previous publication; and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall be not less than 2[forty-five days] from the date on which the draft of the proposed rules was published.

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[(2) 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.]

116. Application of Act to Government factories.—Unless otherwise provided this Act shall apply to factories belonging to the Central or any State Government.

117. Protection to persons acting under this Act.—No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

(2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise, or for the purposes of any report of such proceedings as aforesaid.

(3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

4

[118A. Restriction on disclosure of information.—(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act. (2) No inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint: Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name. ] 5

[119. Act to have effect notwithstanding anything contained in Act 37 of 1970.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 6[or any other law for the time being in force.]]

120. Repeal and savings.—The enactments set out in the Table appended to this section are hereby repealed: Provided that anything done under the said enactments which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act. TABLE.—[Enactments repealed.] Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2 and the First Schedule (w.e.f. 10-4-1950.)

1. Section 115 renumbered as sub-section (1) thereof by Act 20 of 1987, s. 42 (w.e.f. 1-12-1987).

2. Subs. by s. 42, ibid., for “three months” (w.e.f. 1-12-1987).

3. Ins. by s. 42, ibid. (w.e.f. 1-12-1987).

4. Ins. by s. 43, ibid. (w.e.f. 1-12-1987).

5. Ins. by Act 94 of 1976, s. 44 (w.e.f. 26-10-1976).

6. Ins. by Act 20 of 1987, s. 44 (w.e.f. 1-12-1987).

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118. Restrictions on disclosure of information.—(1) No Inspector shall, while in service or after leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this Act any information relating to any manufacturing or commercial business or any working process which may come to his knowledge in the course of his official duties.

[For IAS Prelims 2020 by BestCurrentAffairs.com]

1

[THE FIRST SCHEDULE] [See section 2 (cb)]

LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES 1. Ferrous Metallurgical industries —Integrated Iron and Steel —Ferrow-alloys —Special Steels 2. Non-ferrous Metallurgical Industries —Primary Metallurgical Industries, namely, size, lead, copper, manganese and aluminium —Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting 4. Coal (including coke) industries —Coal Lignite, coke, etc.

—Fuel Gases (including Coal Gas, Producer Gas, Water Gas) 5. Power Generating Industries 6. Pulp and paper (including paper products) industries 7. Fertiliser Industries —Nitrogenous —Phosphatic —Mixed 8. Cement Industries —Portland Cement (including slag cement, puzzolona cement and their products) 9. Petroleum industries —Oil Refining —Lubricating Oils and Greases 10. Petro-chemical Industries 11. Drugs and Pharmaceutical Industries —Narcotics, Drugs and Pharmaceutical 12. Fermentation Industries (Distilleries and Breweries) 13. Rubber (Synthetic Industries) 14. Paints and Pigment Industries 15. Leather Tanning Industries 16. Electroplating Industries

1. Ins. by Act 20 of 1987, s. 45 (w.e.f. 1-12-1987).

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3. Foundries (ferrous and non-ferrous)

[For IAS Prelims 2020 by BestCurrentAffairs.com]

17. Chemical Industries —Coke Oven By-products and Coal tar Distillation products —Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide, nitrous oxide halogenated hydrocarbon, ozone, etc.)

—Industrial Carbon —Alkalies and Acids —Chromates and dichromates —Leads and its compounds —Electro chemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and peroxides) —Nitrogenous compounds (cyanides, cyanamides, and other nitrogenous compounds) —Phosphorous and its compounds —Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine) —Explosives (including industrial explosives and detonators and fuses) 18. Insecticides, Fungicides, Herbicides and other Pesticides Industries 19. Synthetic Resin and Plastics 20. Man-made Fiber (Cellulosic and non-cellulosic) industry 21. Manufacture and repair of electrical accumulators 22. Glass and Ceramics 23. Grinding or glazing of metals 24. Manufacture, handling and processing of asbestos and its products 25. Extraction of oils and fats from vegetable and animal sources 26. Manufacture, handling and use of benzene and substances containing benzene 27. Manufacturing processes and operations involving carbon disulphide 28. Dyes and Dyestuff including their intermediates 29. Highly flammable liquids and gases.

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—Electro thermal produces (artificial abrasive, calcium carbide)

[For IAS Prelims 2020 by BestCurrentAffairs.com] *THE SECOND SCHEDULE (See section 41 F) PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT Permissible limits of exposure Time-weighted average concentration (8 hrs)

Short-term exposure limit (15 min)

ppm

Mg/m3

ppm

Mg/m3

Acetaldehyde . . . . . . . . . . . . . . . . . . . .

100

180

150

270

Acetic acid. . . . . . . . . . . . . . . . . . . .

10

25

15

37

Acetone. . . . . . . . . . . . . . . . . . . . .

750

1780

1000

2375

Acrelein. . . . . . . . . . . . . . . . . . . . .

0.1

0.25

0.3

0.8

Acrylonitrile—skin . . . . . . . . . . . . . . . . .

2

4.5

..

..

Aldrin-skin. . . . . . . . . . . . . . . . . . . .

..

0.25

..

0.75

Allychloride. . . . . . . . . . . . . . . . . . . .

1

3

2

6

0.25

18

35

27

2

10

5

20

Anisidine (o., Pisoners)—skin. . . . . . . . . . . . . .

0.1

0.5

..

..

Arsenic and compounds (as As) . . . . . . . . . . . . . .

..

0.2

..

..

Benzene. . .

10

20

25

75

Beryllium . . . . . . . . . . . . . . . . . . . .

..

0.20

..

..

Boron trifluoride. . . . . . . . . . . . . . . . . . . .

0.1

0.3

..

..

Bromine. . . . . . . . . . . . . . . . . . . .

0.1

0.7

0.3

2

Butane. . . . . . . . . . . . . . . . . . . .

800

1900

..

..

2-Butanone (Methyl-ethyl Ketone-MEK) . . . . . . . . . .

200

590

300

885

n-Butyl acetate. . . . . . . . . . . . . . . . . . . .

150

710

200

950

n-Butyle alcohol-Skin. . . . . . . . . . . . . . . . . .

C50

C150

..

..

sec/tert. Butyl acetate. . . . . . . . . . . . . . . . . .

200

950

250

1190

Butyl Mercaptan. . . . . . . . . . . . . . . . . . . .

0.5

1.5

..

..

Cadmium-Dusts and salts (as Cd) . . . . . . . . . . . . .

..

0.05

..

0.2

Calcium oxide. . . . . . . . . . . . . . . . . . . .

..

2

..

..

Carbaryl (Sevin) . . . . . . . . . . . . . . . . . . . .

..

5

..

10

Carbofuran (Furadan) . . . . . . . . . . . . . . . . . .

..

0.1

..

..

Carbon disulphide—Skin. . . . . . . . . . . . . . . . .

10

30

..

..

Ammonia. . . . . . . . . . . . . . . . . . . .

Aniline-Skin. . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . .

* Ins. by Act 20 of 1987, s. 45 (w.e.f. 1-6-1988).

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Substance

ppm

Mg/m3

ppm

Mg/m3

Carbon monoxide) . . . . . . . . . . . . . . . . . . .

50

40

400

440

Carbon to trachloride—skin . . . . . . . . . . . . .

m5

30

20

125

Carbonyl Chloride (Phosgene). . . . . . . . . . . . . .

0.1

0.4

..

..

Chlorobenzene (Monochloro-benzene). . . . . .

. . . .

75

350

..

..

Chlordane-skin. . . . . . . . . . . . . . . . . . . .

..

0.5

..

..

Chlorine . . . . . . . . . . . . . . . . . . . . . .

1

3

3

9

Chloroform . . . . . . . . . . . . . . . . . . . . . .

10

50

50

225

0.001

0.005

..

..

Chromic acid and chromates (as Cr) . . . . . . . . . . .

..

0.05

Chromous Salts (as Cr). . . . . . . . . . . . . . . . .

..

0.05

.. ..

.. ..

Copper fume. . . . . . . . . . . . . . . . . . . . . .

..

0.2

..

..

Cotton dust, raw . . . . . . . . . . . . . . . . . . . .

..

0.2

..

0.6

Crosol, all isomers—skin . . . . . . . . . . . . . . . .

5

22

..

..

Cyanides (as CN)—skin . . . . . . . . . . . . . . . .

..

5

..

..

Cyanogen . . . . . . . . . . . . . . . . . . . . . . . .

10

20

..

..

DDT (Dichlorodiphenyl Trichloroethane) . . . . . . . . . .

..

1

..

3

demeton-skin . . . . . . . . . . . . . . . . . . . . . .

0.01

0.1

0.03

0.3

Diazinon-skin . . . . . . . . . . . . . . . . . . . . . .

..

0.1

..

0.3

Dibutyl Phythalate . . . . . . . . . . .

. . . . . . . .

..

5

..

10

Dichlorvos (DDVP)—skin . . . . . . . . . . . . . . .

0.1

1

0.3

3

Dieldrin—skin . . . . . . . . . . . . . . . . . . . .

..

0.25

..

0.75

0.15

1

0.5

3

. . . . . . . .

..

1.5

..

5

Diphenyl . . . . . . . . . . . . . . . . . . . . . .

0.2

1.5

0.6

Endosulfan (Thiodan)—skin . . . . . . . . . . . . . .

..

0.1

..

4 0.4

Endrin—skin . . . . . . . . . . . . . . . . . . . . .

..

0.1

..

. . .

400

1400

..

Ethyl alcohol . . . . . . . . . . . . . . . . . . . .

1000

1900

..

Ethylamine . . . . . . . . . . . . . . . . . . . . . .

10

18

..

Fluorides (as F) . . . . . . . . . . . . . . . . . . . .

..

2.5

..

Fluorine . . . . . . . . . . . . . . . . . . . . . . .

1

2

2

4

Formic Acid . . . . . . . . . . . . . . . . .

5

9

..

..

Hydrazine—skin . . . . . . . . . . . . . . . . .

0.1

0.1

..

..

Hydrogen Chloride . . . . . . . . . . . . . . . . .

C5

C7

..

..

. .

Bis-Chloromethyl ether . . . . . . . . . . . . . . . .

Dinitrobenzene (all isomers)—skin . . . . . . . . . . . .

Dinitrotolune-skin . . . . . . . . . . .

Ethyl acetate . . . . . . . . . . . . . . . . .

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0.3 .. .. .. ..

For IAS Prelims 2020-21

[For IAS Prelims 2020 by BestCurrentAffairs.com]

ppm

Mg/m3

ppm

Mg/m3

Hydrogen Cyanide—skin. . . . . . . . . . . . . . . . .

C10

C10

..

..

Hydrogen fluoride (as F) . . . . . . . . . . . . . . . . .

3

2.5

6

5

Hydrogen Peroxide. . . . . . . . . . . . . . . . . . .

1

1.5

2

3

Hydrogen Sulphide. . . . . . . . . . . . . . . . . . .

10

14

15

21

C0.1

C1

..

..

Iron-Oxide Fume (Fez O3) (as Fe) . . . . . . . . . . . . .

..

5

..

10

Isoamyl acetate. . . . . . . . . . . . . . . . . . . . .

100

525

125

665

Isoamyl alcohol. . . . . . . . . . . . . . . . . . . . .

100

360

125

450

Isobutyl alcohal. . . . . . . . . . . . . . . . . . . . .

50

150

75

225

Lead, inorg, dusts and fumes (as Pb) . . . . . . . . . . . .

..

0.15

..

0.45

Lindane-skin. . . . . . . . . . . . . . . . . . . . . .

..

0.5

..

1.5

..

10

..

..

Manganese (as Mn) dust and compounds. . . . . . . . . .

..

C05

..

..

Fume . . . . . . . . . . . . . . . . . . . . . .

..

1

..

0.3

Mercury (as Hg)—skin Alkyl compounds. . . . . . . . . .

..

0.01

All forms except alkyl vapour. . . . . . . . . . . . . . .

..

0.05

.. ..

0.03 ..

Aryl and inorganic compounds. . . . . . . . . . . . . .

..

0.1

..

..

Methyl alcohol (methanol)—skin. . . . . . . . . . . . .

200

260

250

310

. .

5

16

..

..

Methyl isobutyl ketone—skin. . . . . . . . . . . . . . .

50

205

75

300

0.02

0.05

..

..

10

50

15

75

Nickel carbonyl (as Ni) . . . . . . . . . . . . . . . . .

0.05

0.35

..

..

Nitric acid. . . . . . . . . . . . . . . . . . . . . . . .

2

5

4

10

Nitric oxide. . . . . . . . . . . . . . . . . . . . . .

25

30

35

45

Nitrobenzene—skin. . . . . . . . . . . . . . . . . . .

1

5

2

10

Nitrogen dioxide. . . . . . . . . . . . . . . . . . . .

3

6

5

10

Oil mist, minerals. . . . . . . . . . .

. . . . . . . . .

..

5

..

10

Oxone. . . . . . . . . . . . . . . . . . . . . . . . .

0.1

0.2

0.3

0.6

Parathion—skin. . . . . . . . . . . . . . . . . . . . .

..

0.1

..

0.3

Phenol—skin. . . . . . . . . . . . . . . . .

5

19

10

38

Phorate (Thimet)—skin. . . . . . . . . . . . . . . . .

..

0.05

..

0.2

Phosgene (Carbonyl Chloride) . . . . . . . . . . . . . .

0.1

0.4

..

..

Phosphine. . . . . . . . . . . . . . . . . . . . .

0.3

0.4

1

1

Iodine. . . . . . . . . . . . . . . . . . . . . . .

Malathion-skin. . . . . . . . . . . . . . . . . . . .

.

Methyl cellosolve—skin (2 methoxy ethanol) . . . . . .

Methyl Isocyanate. . . . . . . . . . . . . . . . . .

.

Napthalene. . . . . . . . . . . . . . . . . . . . . . .

.

.

.

.

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[For IAS Prelims 2020 by BestCurrentAffairs.com]

ppm

Mg/m3

ppm

Mg/m3

Phosphorus (yellow) . . . . . . . . . . . . . . . . .

..

0.1

..

0.3

Phosphorus pentachloride. . . . . . . . . . . . . . . . .

0.1

1

..

..

Phosphorus trichloride. . . . . . . . . . . . . . . . .

0.2

1.5

0.5

3

Picric acid—skin. . . . . . . . . . . . . . . . .

..

0.1

..

0.3

Pyridine. . . . . . . . . . . . . . . . .

5

15

Silane (silicon tetrahydride) . . . . . . . . . . . . . . .

5

7

10 ..

30 ..

Sodium hydroxide. . . . . . . . . . . . . . . . .

..

C2

..

..

Styrene, monomer (phanylethylene) . . . . . . . . . . . .

50

215

100

425

Sulphur dioxide. . . . . . . . . . . . . . . . .

2

5

5

10

1000

6000

1250

7500

..

1

..

..

Toluene (Toluol) . . . . . . . . . . . . . . . . .

100

375

150

560

0-Toluidinz—skin. . . . . . . . . . . . . . . . .

2

9

..

..

0.2

2.5

0.4

5

Trichloroethylene. . . . . . . . . . . . . . . . .

50

270

200

1080

Uranium, natural (as U) . . . . . . . . . . . . . . . . .

..

0.2

..

0.5

Vinyl chloride . . . . . . . . . . . . . . . . .

5

10

..

..

Welding fumes. . . . . . . . . . . . . . . . .

..

5

..

..

100

435

150

655

..

5

..

10

Sulphur hexafluoride. . . . . . . . . . . . . . . . .

Sulphuric acid. . . . . . . . . . . . . . . . .

Tributyl phosphate. . . . . . . . . . .

. . . . . .

Xylene (o-, m-, P-isomers) . . . . . . . . . . . . . . . .

Zirconium compounds (as Zr) . . . . . . . . . . . . . .

C denotes ceiling limit *Not more than 4 times a day with at least 60 min. interval between successive exposures.

Substance

Permissible (8 hours)

timeweighted

average

concentration

(i) Silica (a) Crystalline (b) Quartz 10600

(1) In term of dusts count

mppcm

% Quartz+10

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[For IAS Prelims 2020 by BestCurrentAffairs.com]

[For IAS Prelims 2020 by BestCurrentAffairs.com] Substance

Permissible (8 hours)

timeweighted

average

10 (2) In terms of respirable dust

concentration

mg/m3

% respirable quartz+2 10

(3) In terms of total dust

mg/m3

% Quartz+3 Half the limits given against quartz.

(iii) Tridymite

Half the limits given against quartz.

(iv) Silca, fused

Same limits as for quartz.

(v) (a) Tripoli

Same limit as in formula in item 2 given against quartz.

(b) Amorphous

705 mppcm.] ___________ 1

[THE THIRD SCHEDULE] (See sections 89 and 90)

LIST OF NOTIFIABLE DISEASES 1.

Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae.

2.

Lead tetra-ethyle poisoning.

3.

Phosphorus poisoning or its sequelae.

4.

Mercury poisoning or its sequelae.

5.

Manganese poisoning or its sequelae.

6.

Arsenic poisoning or its sequelae.

7.

Poisoning by nitrous fumes.

8.

Carbon bisulphide poisoning.

9.

Benzene poisoning, including poisoning by any of its homologues, their nitro or amido derivatives or its sequelae.

10.

Chrome ulceration or its sequelae.

11.

Anthrax.

12.

Silicosis.

13.

Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series.

14.

Pathological manifestations due to— (a) radium or other radio-active substances; (b) X-rays.

15.

Primary epitheliomatous cancer of the skin.

1. The existing Schedule renumbered as the Third Schedule by Act 20 of 1987, s. 46 (w.e.f. 1-12-1987).

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(ii) Cristobalite

[For IAS Prelims 2020 by BestCurrentAffairs.com] Toxic anaemia.

17.

Toxic jaundice due to poisonous substances.

[18.

Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base.

19.

Byssionosis.

20.

Asbestosis.

21.

Occupational or contact dermatitis caused by direct contract with chemicals and paints. These are of two types, that is, primary irritants and allergie sensitizers.

22.

Noise induced hearing loss (exposure to high noise levels).]

[23.

Beriyllium poisoning.

24.

Carbon monoxide.

25.

Coal miners’ pnoumoconiosis.

26.

Phosgene poisoning.

27.

Occupational cancer.

28.

Isocyanates poisoning.

29.

Taxic nephritis.]

1

2

For IAS Prelims 2020-21

16.

1. Ins. by Act 94 of 1976, s. 45 (w.e.f. 26-10-1976).

2. Ins. by Act 20 of 1987, s. 46 (w.e.f. 1-12-1987).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] THE INDUSTRIAL DISPUTES ACT, 1947 ____________

ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement.

2. Definitions.

2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.

AUTHORITIES UNDER THIS ACT 3. Works Committee.

4. Conciliation officers.

5. Board of Conciliation.

6. Courts of Inquiry.

7. Labour Courts.

7A. Tribunals.

7B. National Tribunals.

7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals.

8. Filling of vacancies.

9. Finality of orders constituting Boards, etc.

CHAPTER IIA NOTICE OF CHANGE 9A. Notice of change.

9B. Power of Government to exempt.

CHAPTER IIB REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES 9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to such authorities.

CHAPTER III REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS 10. Reference of disputes to Boards, Courts or Tribunals.

10A. Voluntary reference of disputes to arbitration.

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CHAPTER II

[For IAS Prelims 2020 by BestCurrentAffairs.com] CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.

11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.

12. Duties of conciliation officers.

13. Duties of Board.

14. Duties of Courts.

15. Duties of Labour Courts, Tribunals and National Tribunals.

16. Form of report or award.

17. Publication of reports and awards.

17A. Commencement of the award.

17B. Payment offull wages to workman pending proceedings in higher courts.

18. Persons on whom settlements and awards are binding.

19. Period of operation of settlements and awards.

20. Commencement and conclusion of proceedings.

21. Certain matters to be kept confidential.

CHAPTER V STRIKES AND LOCK-OUTS 22.

23.

24.

25.

Prohibition of strikes and lock-outs.

General prohibition of strikes and lock-outs.

Illegal strikes and lock-outs.

Prohibition of financial aid to illegal strikes and lock-outs.

CHAPTER VA LAY-OFF AND RETRENCHMENT

25A. Application of sections 25C to 25E. 25B. Definition of continuous service.

25C. Right of workmen laid-off for compensation.

25D. Duty of an employer to maintain muster rolls of workmen.

25E. Workmen not entitled to compensation in certain cases.

25F. Conditions precedent to retrenchment of workmen.

25FF. Compensation to workmen in case of transfer of undertakings.

25FFA. Sixty days’ notice to be given of intention to close down any undertaking.

25FFF. Compensation to workmen in case of closing down of undertakings.

25G. Procedure for retrenchment.

25H. Re-employment of retrenched workmen.

25-I. [Repealed.].

25J. Effect of laws inconsistent with this Chapter.

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SECTIONS

[For IAS Prelims 2020 by BestCurrentAffairs.com] CHAPTER VB SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS

25K. Application of Chapter VB. 25L. Definitions.

25M. Prohibition of lay-off.

25N. Conditions precedent to retrenchment of workmen.

25-O. Procedure for closing down an undertaking.

25P. Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976.

25Q. Penalty for lay-off and retrenchment without previous permission.

25R. Penalty for closure.

25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter applies.

CHAPTER VC UNFAIR LABOUR PRACTICES 25T. Prohibition of unfair labour practice.

25U. Penalty for committing unfair labour practices.

CHAPTER VI PENALTIES 26. Penalty for illegal strikes and lock-outs.

27. Penalty for instigation, etc.

28. Penalty for giving financial aid to illegal strikes and lock-outs.

29. Penalty for breach of settlement or award.

30. Penalty for disclosing confidential information.

30A. Penalty for closure without notice.

31. Penalty for other offences.

CHAPTER VII MISCELLANEOUS 32. Offence by companies, etc.

33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.

33A. Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings.

33B. Power to transfer certain proceedings.

33C. Recovery of money due from an employer.

34. Cognizance of offences.

35. Protection of persons.

36. Representation of parties.

36A. Power to remove difficulties.

36B. Power to exempt.

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SECTIONS

[For IAS Prelims 2020 by BestCurrentAffairs.com] SECTIONS Protection of action taken under the Act. Power to make rules.

Delegation of powers.

Power to amend Schedules.

THE FIRST SCHEDULE.—INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2.

THE SECOND SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS. THE THIRD SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS. THE FOURTH SCHEDULE.—CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN. THE FIFTH SCHEDULE.—UNFAIR LABOUR PRACTICES.

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37.

38.

39.

40.

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[For IAS Prelims 2020 by BestCurrentAffairs.com] THE INDUSTRIAL DISPUTES ACT, 1947 ACT NO. 14 OF 19471 [11th March, 1947.]

An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes.

WHEREAS it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing; It is hereby enacted as follows:— CHAPTER I PRELIMINARY

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[(2) It extends to the whole of India:

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(3) It shall come into force on the first day of April, 1947.

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— (a) “appropriate Government” means— (i) in relation to any industrial dispute concerning 4*** any industry carried on by or under the authority of the Central Government, 5*** or by a railway company 6[or concerning any such controlled industry as may be specified in this behalf by the Central Government] 7*** or in relation to an industrial dispute concerning 8[9[10[11[a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or 12[the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956)], or the Employees’ State Insurance Corporation established under section 3 of the Employees’ State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5A and section 5B, respectively, of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), 13***, or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 14[the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Pondicherry by Reg. 7 of 1963 (w.e.f. 1-10-1963); and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule.

2. Subs. by Act 36 of 1956, s. 2, for the sub-section (2) (w.e.f. 29-8-1956).

3. Omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).

4. Certain words omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).

5. The words “by the Federal Railway Authority” omitted by the A.O. 1948.

6. Ins. by Act 65 of 1951, s. 32.

7. The words “operating a Federal Railway” omitted by the A.O. 1950.

8. Ins. by Act 47 of 1961. s. 51 and the Second Schedule, Part III (w.e.f. 1-1-1962).

9. Subs. by Act 36 of 1964, s. 2, for “the Deposit Insurance Corporation established” (w.e.f. 19-12-1964).

10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).

11. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).

12. Subs. by Act 24 of 1996, s. 2, for “the Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948)” (w.e.f. 11-10-1995).

13. The words and figures “or the “Indian Airlines” and “Air India” Corporations established under section 3 of the Air Corporations Act, 1953 (27 of 1953)” by s. 2, ibid. (w.e.f. 11-10-1995).

14. Subs. by Act 24 of 1996, s. 2, for “the Oil and Natural Gas Commission established under section 3 of the Oil and Natural Gas Commission Act, 1959 (43 of 1959)” (w.e.f. 11-10-1995).

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1. Short title, extent and commencement.—(1) This Act may be called the Industrial Disputes Act, 1947.

Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3 or a Board of Management established for two or more contiguous States under section 16 of the Food Corporations Act, 1964 (37 of 1964), or 1[the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994 (55 of 1994)],or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India 2[the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or 3[4[an air transport service, or a banking or an insurance company], a mine, an oilfield] 5[, a Cantonment Board,] or a 6[major port, any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government, and] 7 [(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government: Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment;] 6 [(aa) “arbitrator” includes an umpire;] 8 9 [ [(aaa)] “average pay” means the average of the wages payable to a workman— (i) in the case of monthly paid workman, in the three complete calendar months, (ii) in the case of weekly paid workman, in the four complete weeks, (iii) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;] 10 [(b) “award” means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;] 11 [(bb) “banking company” means a banking company as defined in section 5 of the Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes 12[the Export-Import Bank of India,] 13[the Industrial Reconstruction Bank of India,] 1. Subs. by Act 24 of 1996,s. 2, for “the International Airports Authority of India constituted under section 3 of the International Airports Authority of India Act, 1971 (48 of 1971)” (w.e.f. 11-10-1995).

2. Ins. by Act 53 of 1987, s. 56 and the Second Schedule (w.e.f. 9-7-1988).

3. Subs. by Act 54 of 1949, s. 3, for “a mine oil-field”.

4. Subs. by Act 24 of 1996, s. 2, for “a banking or an insurance company” (w.e.f. 11-10-1996).

5. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).

6. Subs. by Act 24 of 2010, s. 2, for “major port, the Central Government, and” (w.e.f 15-9-2010).

7. Subs. by s. 2, ibid., for sub-clause (ii) (w.e.f. 15-9-2010).

8. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).

9. Clause (aa) re-lettered as clause (aaa) by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).

10. Subs. by Act 36 of 1956, s. 3, for clause (b) (w.e.f. 10-3-1957).

11. Subs. by Act 38 of 1959, s. 64 and the third Schedule, Part II, for clause (bb).

12. Ins. by Act 28 of 1981, s. 40 and the Second Schedule (w.e.f. 4-1-1982).

13. Ins. by Act 62 of 1984, s. 71 and the Third Schedule (w.e.f. 20-3-1985).

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[For IAS Prelims 2020 by BestCurrentAffairs.com]

[For IAS Prelims 2020 by BestCurrentAffairs.com] 1 2

[ ***,] 3[the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of India, the State Bank of India 4[,a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) 5[, a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);] (c) “Board” means a Board of Conciliation constituted under this Act; 6 [(cc) “closure” means the permanent closing down of a place of employment or part thereof;] (d) “conciliation officer” means a conciliation officer appointed under this Act; (e) “conciliation proceeding” means any proceeding held by a conciliation officer or Board under this Act; 7 [(ee) “controlled industry” means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;] *

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(f) “Court” means a Court of Inquiry constituted under this Act; (g) “employer” means,— (i) in relation to an industry carried on by or under the authority of any department of 9[the Central Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; (ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority; [(gg) “executive”, in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted;] 10

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(i) a person shall be deemed to be “independent” for the purpose of his appointment as the chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute: 12

[Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company;]

1. Ins. by Act 18 of 1964, s. 38 and the Second Schedule, Part II (w.e.f. 1-7-1964).

2. The words “the Industrial Development Bank of India” omitted by Act 53 of 2003, s. 12 and the Schedule (w.e.f. 2-7-2004).

3. Ins. by Act 39 of 1989, s. 53 and the Second Schedule (date to be notified).

4. Subs. by Act 5 of 1970, s. 20, for “and any subsidiary bank” (w.e.f. 19-7-1969).

5. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980).

6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).

7. Ins. by Act 65 of 1951, s. 32.

8. Omitted by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).

9. Subs. by the A.O. 1948, for “a Government in British India”.

10. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).

11. Clause (h) omitted by the A.O. 1950.

12. Ins. by Act 18 of 1952, s. 2.

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[For IAS Prelims 2020 by BestCurrentAffairs.com] [(j) “industry” means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; 1

(k) “industrial dispute” means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; [(ka) “industrial establishment or undertaking” means an establishment or undertaking in which any industry is carried on: 2

Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,—

(b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;] [(kk) “insurance company” means an insurance company as defined in section 2 of the Insurance Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State;] 3

1. Clause (j) shall stand substituted as follows when clause (c) of section 2 of the Industrial Disputes (Amendment) Act, 1982 (46 of 1982) will come into force:— (j) “industry” means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,— (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes— (a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948); (b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include— (1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.

Explanation:—For the purposes of this sub-clause, “agricultural operation” does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); or (2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service; or (5) khadi or village industries; or (6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or (7) any domestic service; or (8) any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individual or body of individuals in relation to such profession is less than ten; or (9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten; 2. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).

3. Ins. by Act 54 of 1949, s. 3.

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(a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking;

[For IAS Prelims 2020 by BestCurrentAffairs.com] [(kka) “khadi” has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);] 1

[ [(kkb)] “Labour Court” means a Labour Court constituted under section 7;]

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[(kkk) “lay-off” (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery 5[or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.

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Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day: Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;] (l) “lock-out” means the6[temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him; [(la) “major port” means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908); 7

(lb) “mine” means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952)]; [(ll) “National Tribunal” means a National Industrial Tribunal constituted under section 7B;]

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[(lll) “office bearer”, in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;] 8

(m) “prescribed” means prescribed by rules made under this Act; (n) “public utility service” means— (i) any railway service 7[or any transport service for the carriage of passengers or goods by air]; 8

[(ia) any service in, or in connection with the working of, any major port or dock;]

(ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; (iii) any postal, telegraph or telephone service; (iv) any industry which supplies power, light or water to the public; (v) any system of public conservancy or sanitation; 1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).

2. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10-3-1957).

3. Clause (kka) re-lettered as clause (kkb) by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).

4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).

5. Subs. by Act 46 of 1982, s. 2, for “or for any other reason” (w.e.f. 21-8-1984).

6. Subs. by s. 2, ibid., for certain words (w.e.f. 21-8-1984).

7. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).

8. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).

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Explanation.—Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:

[For IAS Prelims 2020 by BestCurrentAffairs.com] (vi) any industry specified in the 1[First Schedule] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension; (o) “railway company” means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890); [(oo) “retrenchment” means the termination by the employer of the service of a workman for any any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include— 2

(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or 3

[(bb) termination of the service of the workman as a result of the non-renewal of the contract contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or] (c) termination of the service of a workman on the ground of continued ill-health;] [(p) “settlement” means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to 5[an officer authorised in this behalf by] the appropriate Government and the conciliation officer;] 4

(q) “strike” means a cessation of work by a body of persons employed in any industry acting in combination or a concerned refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment; [(qq) “trade union” means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);] 6

[(r) “Tribunal” means an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;] 7

[(ra) “unfair labour practice” means any of the practices specified in the Fifth Schedule;

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(rb) “village industries” has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);] [(rr) “wages” means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes— 9

1. Subs. by Act 36 of 1964, s. 2 for “Schedule” (w.e.f. 19-12-1964).

2. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).

3. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984).

4. Subs. by Act 36 of 1956, s. 3, for clause (p) (w.e.f. 7-10-1956).

5. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965).

6. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).

7. Subs. by Act 18 of 1957, s. 2, for clause (r) (w.e.f. 10-3-1957).

8. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).

9. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).

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(a) voluntary retirement of the workman; or

[For IAS Prelims 2020 by BestCurrentAffairs.com] (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply offoodgrains or other articles; (iii) any travelling concession; 1

[(iv) any commission payable on the promotion of sales or business or both;]

but does not include— (a) any bonus; (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; (c) any gratuity payable on the termination of his service;] [(s) “workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work 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 an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person— (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding 3[ten thousand rupees] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]

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[2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.— [(1)]Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any 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 notwithstanding that no other workman nor any union of workmen is a party to the dispute.]

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[(2)Notwithstanding anything contained in section l0, any such workman as is specified in sub-section (1)may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.

1. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).

2. Subs. by s. 2, ibid., for clause (s) (w.e.f. 21-8-1984).

3. Subs. by Act 24 of 2010, s. 2, for “one thousand six hundred rupees” (w.e.f. 15-9-2010).

4. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965).

5. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010).

6. Ins. by s. 3, ibid. (w.e.f. 15-9-2010).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] (3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).]

CHAPTER II AUTHORITIES UNDER THIS ACT

(2) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters.

4. Conciliation officers.—(1) The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.

(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

5. Board of Conciliation.—(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute.

(2) A Board shall consist of a chairman and two or four other members, as the appropriate Government thinks fit.

(3) The chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party: Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the appropriate Government shall appoint such persons as it thinks fit to represent that party.

(4) A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number: Provided that if the appropriate Government notifies the Board that the services of the chairman or of any other member have ceased to be available, the Board shall not act until a new chairman or member, as the case may be, has been appointed.

6. Courts of Inquiry.—(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.

(2) A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a Court consists of two or more members, one of them shall be appointed as the chairman.

(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number:

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3. Works Committee.—(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926).

[For IAS Prelims 2020 by BestCurrentAffairs.com] Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to be available, the Court shall not act until a new chairman has been appointed.

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[7. Labour Courts.—(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act. (2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.

(3) A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless— 2

[(a) he is, or has been, a Judge of a High Court; or

(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or 3

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[(d)] he has held any judicial office in India for not less than seven years; or

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[(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years.

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[(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer: Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or (g) he is an officer of Indian Legal Service in Grade Ili with three years' experience in the grade.]

7A. Tribunals.—(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule 6[and for performing such other functions as may be assigned to them under this Act].

(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.

(3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless— (a) he is, or has been, a Judge of a High Court; or 7

[(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; 8***] 9

[(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department,, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer: Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or 1. Subs. by Act 36 of 1956, s. 4, for section 7 (w.e.f. 10-3-1957).

2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).

3. Clause (c) omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984).

4. Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).

5.Ins. by Act 24 of 2010, s. 4 (w.e.f. 15-9-2010).

6. Ins. by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).

7. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19-12-1964).

8. The word “or” omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).

9. Ins. by Act 24 of 2010, s. 5 (w.e.f. 15-9-2010).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] (c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.]

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(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it.

7B. National Tribunals.—(1) The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes.

(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.

(3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal [unless he is, or has been, a Judge of a High Court].

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7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals. —No person shall be appointed to, or continue in, the office of the presiding officer of a Labour Court, Tribunal or National Tribunal, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.]

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[8. Filling of vacancies.—If, for any reason a vacancy (other than a temporary absence) occurs in the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the chairman or any other member of a Board or Court, then, in the case of a National Tribunal, the Central Government and in any other case, the appropriate Government, shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage at which the vacancy is filled.

9. Finality of orders constituting Boards, etc.—(1) No order of the appropriate Government or of the Central Government appointing any person as the chairman or any other member of a Board or Court or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in question in any manner; and no act or proceeding before any Board or Court shall be called in question in any manner on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or Court.

(2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6) of section 12 or sub-section (5) of section 13, as the case may be.

(3) Where the report of any settlement arrived at in the course of conciliation proceeding before a Board is signed by the chairman and all the other members of the Board, no such settlement shall be invalid by reason only of the casual or unforeseen absence of any of the members (including the chairman) of the Board during any stage of the proceeding.]

1. Clause (b) omitted byAct 46 of 1982, s. 4 (w.e.f. 21-8-1984).

2. Subs. by s. 5, ibid., for certain words (w.e.f. 21-8-1984).

3. Subs. by Act 36 of 1956, s. 5, for sections 8 and 9 (w.e.f. 10-3-1957).

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(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.

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[CHAPTER IIA

NOTICE OF CHANGE 9A. Notice of change.—No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,— (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or (b) within twenty-one days of giving such notice: Provided that no notice shall be required for effecting any such change— (b) where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.

9B. Power of Government to exempt.—Where the appropriate Government is of opinion that the application of the provisions of section 9A to any class of industrial establishments or to any class of workmen employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workmen employed in any industrial establishment.]

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[CHAPTER IIB

GRIEVANCE REDRESSAL MACHINERY 9C. Setting up of Grievance Redressal Machinery.—(1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.

(2) The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen.

(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year.

(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six: Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately.

(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act. (6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party.

1. Ins. by Act 36 of 1956, s. 6 (w.e.f. 10-3-1957).

2. Subs. by Act 24 of 2010, s. 6, for Chapter IIB (w.e.f. 15-9-2010).

3. Ins. by Act 46 of 1982, s. 7 (w.e.f. 21-8-1984).

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(a) where the change is effected in pursuance of any 2[settlement or award]; or

[For IAS Prelims 2020 by BestCurrentAffairs.com] (7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned.

(8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment.]

CHAPTER III REFERENCE OF DISPUTES TO BOARDS, COURTSOR TRIBUNALS 10. Reference of disputes to Boards, Courts or Tribunals.—(1) 1[Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing,— (a) refer the dispute to a Board for promoting a settlement thereof; or

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[(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for adjudication: Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c):] 3

[Provided further that] where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this Act in respect of the dispute may have commenced: 4

[Provided also that where the dispute in relation to which the Central Government is the appropriate Government, it shall be competent for that Government to refer the dispute to a Labour Court or an Industrial Tribunal, as the case may be, constituted by the State Government.]

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[(1A) Where the Central Government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a National Tribunal for adjudication.]

(2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a Board, Court, 6[Labour Court, Tribunal or National Tribunal], the appropriate Government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly.

1. Subs. by Act 18 of 1952, s. 3, for “If any industrial dispute exists or is apprehended, the appropriate Government may”.

2. Subs. by Act 36 of 1956, s. 7, for clause (c) (w.e.f. 10-3-1957).

3. Subs. by s. 7, ibid., for “Provided that” (w.e.f. 10-3-1957).

4. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).

5. Ins. by Act 36 of 1956, s. 7 (w.e.f. 10-3-1957).

6. Subs. by s. 7, ibid.,for “or Tribunal” (w.e.f. 10-3-1957).

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(b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry; or

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[(2A) An order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall submit its award on such dispute to the appropriate Government: Provided that where such industrial dispute is connected with an individual workman, no such period shall exceed three months: Provided further that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, to the Labour Court, Tribunal or National Tribunal for extension of such period or for any other reason, and the presiding officer of such Labour Court, Tribunal or National Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit:

Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse merely on the ground that any period specified under this sub-section had expired without such proceedings being completed.]

(3) Where an industrial dispute has been referred to a Board, 1[Labour Court, Tribunal or National Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.

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[(4) Where in an order referring an industrial dispute to 3[a Labour Court, Tribunal or National Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of dispute for adjudication, 4[the Labour Court or the Tribunal or the National Tribunal, as the case may be], shall confine its adjudication to those points and matters incidental thereto.

(5) Where a dispute concerning any establishment or establishments has been, or is to be, referred to a [Labour Court, Tribunal or National Tribunal] under this section and the appropriate Government is of opinion, whether on an application made to it in this behalf or otherwise, that the dispute is of such a nature that any other establishment, group or class of establishments of a similar nature is likely to be interested in, or affected by, such dispute, the appropriate Government may, at the time of making the reference or at any time thereafter but before the submission of the award, include in that reference such establishment, group or class of establishments, whether or not at the time of such inclusion any dispute exists or is apprehended in that establishment, group or class of establishments.]

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[(6) Where any reference has been made under sub-section (1A) to a National Tribunal, then notwithstanding anything contained in this Act, no Labour Court or Tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the National Tribunal, and accordingly,— (a) if the matter under adjudication before the National Tribunal is pending a proceeding before a Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may be, in so far as it relates to such matter, shall be deemed to have been quashed on such reference to the National Tribunal; and (b) it shall not be lawful for the appropriate Government to refer the matter under adjudication before the National Tribunal to any Labour Court or Tribunal for adjudication during the pendency of the proceeding in relation to such matter before the National Tribunal.

1. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).

2. Ins. by Act 18 of 1952, s. 3.

3. Subs. by Act 36 of 1956, s. 7, for “a Tribunal” (w.e.f. 10-3-1957).

4. Subs. by s. 7, ibid., for “the Tribunal” (w.e.f. 10-3-1957).

5. Subs. by s. 7, ibid., for “Tribunal” (w.e.f. 10-3-1957).

6. Ins. by s. 7, ibid. (w.e.f. 10-3-1957).

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Provided also that in computing any period specified in this sub-section, the period, if any, for which the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction or order of a Civil Court shall be excluded:

[For IAS Prelims 2020 by BestCurrentAffairs.com] [Explanation.—In this sub-section, “Labour Court” or “Tribunal” includes any Court or Tribunal or other authority constituted under any law relating to investigation and settlement of industrial disputes in force in any State.]

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(7) Where any industrial dispute, in relation to which the Central Government is not the appropriate Government, is referred to a National Tribunal, then notwithstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the appropriate Government in relation to such dispute shall be construed as a reference to the Central Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any other provision of this Act to the appropriate Government in relation to that dispute shall mean a reference to the State Government.]

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[(8) No proceedings before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.]

[10A. Voluntary reference of disputes to arbitration.—(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.

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[(1A) Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.] (2) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.

(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within 5[one month] from the date of the receipt of such copy, publish the same in the Official Gazette.

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[(3A) Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in sub-section (3), issue a notification in such manner as may be prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.]

(4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.

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[(4A) Where an industrial dispute has been referred to arbitration and a notification has been issued under sub-section (3A), the appropriate Government may, by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.]

(5) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to arbitration under this section.]

1. Ins. by Act 36 of 1964, s. 5 (w.e.f. 19-12-1964).

2. Ins. by Act 46 of 1982, s. 8 (w.e.f. 21-8-1984).

3. Ins. by Act 36 of 1956, s. 8 (w.e.f. 10-3-1957).

4. Ins. by Act 36 of 1964, s. 6 (w.e.f. 19-12-1964).

5. Subs. by s. 6, ibid., for “fourteen days” (w.e.f. 19-12-1964).

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[For IAS Prelims 2020 by BestCurrentAffairs.com] CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES 11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.—1[(1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or National Tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit.]

(2) A conciliation officer or a member of a Board, 2[or Court or the presiding officer of a Labour Court, Tribunal or National Tribunal] may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates.

(3) Every Board, Court, 3[Labour Court, Tribunal and National Tribunal] shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:— (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses; (d) in respect of such other matters as may be prescribed; and every inquiry or investigation by a Board, Court, 4[Labour Court, Tribunal or National Tribunal], shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).

(4) A conciliation officer 5[may enforce the attendance of any person for the purpose of examination of such person or call for] and inspect any document which he has ground for considering to be relevant to the industrial dispute 6[or to be necessary for the purpose of verifying the implementation of any award award or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), 7[in respect of enforcing the attendance of any person and examining him or of compelling the production of documents]].

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[(5) A Court, Labour Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or assessors to advise it in the proceeding before it.

(6) All conciliation officers, members of a Board or Court and the presiding officers of a Labour Court, Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

(7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a Labour Court, Tribunal or National Tribunal shall be in the discretion of that Labour Court, Tribunal or National Tribunal and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate Government by the person entited, be recovered by that Government in the same manner as an arrear of land revenue.]

1. Subs. by Act 36 of 1956, s. 9, for sub-section (1) (w.e.f. 10-3-1957).

2. Subs. by s. 9, ibid., for “Court or Tribunal” (w.e.f. 10-3-1957).

3. Subs. by s. 9, ibid., for “and Tribunal” (w.e.f. 10-3-1957).

4. Subs. by s. 9,ibid.,for “or Tribunal” (w.e.f. 10-3-1957).

5. Subs. by Act 46 of 1982, s. 9, for “may call for” (w.e.f. 21-8-1984).

6. Ins. by Act 36 of 1956, s. 9 (w.e.f. 17-9-1956).

7. Subs. by Act 46 of 1982, s. 9, for certain words (w.e.f. 21-8-1984).

8. Subs. by Act 36 of 1956, s. 9, for sub-sections (5) to (7) (w.e.f. 10-3-1957).

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(a) enforcing the attendance of any person and examining him on oath;

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[(8) Every 2[Labour Court, Tribunal or National Tribunal] shall be deemed to be Civil Court for the purposes of 3[sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (2 of 1974)].]

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[(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908 (5 of 1908).

(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.]

[11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in in case of discharge or dismissal of workmen.—Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.]

12. Duties of conciliation officers.—(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 6 [or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub-section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 7[Labour Court, Tribunal or National Tribunal], it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government:

1. Ins. by Act 48 of 1950, s. 34 and the Schedule.

2. Subs. by Act 36 of 1956, s. 9, for “Tribunal” (w.e.f. 10-3-1957).

3. Subs. by Act 46 of 1982, s. 9, for certain words (w.e.f. 21-8-1984).

4. Ins. by Act 24 of 2010, s. 7 (w.e.f 15-9-2010).

5. Ins. by Act 45 of 1971, s. 3 (w.e.f. 15-12-1971).

6. Ins. by Act 35 of 1965, s. 4 (w.e.f. 1-12-1965).

7. Subs. by Act 36 of 1956, s. 10, for “or Tribunal” (w.e.f. 10-3-1957).

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[Provided that, 2[subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

13. Duties of Board.—(1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the proceedings and steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, its findings thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its recommendations for the determination of the dispute.

(4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility service, the appropriate Government does not make a reference to a 3[Labour Court, Tribunal or National Tribunal] under section 10, it shall record and communicate to the parties concerned its reasons therefor.

(5) The Board shall submit its report under this section within two months of the date 4[on which the dispute was referred to it] or within such shorter period as may be fixed by the appropriate Government: Provided that the appropriate Government may from time to time extend the time for the submission of the report by such further periods not exceeding two months in the aggregate: Provided further that the time for the submission of the report may be extended by such period as may be agreed on in writing by all the parties to the dispute.

14. Duties of Courts.—A Court shall inquire into the matters referred to it and report thereon to the appropriate Government ordinarily within a period of six months from the commencement of its inquiry.

5

[15. Duties of Labour Courts, Tribunals and National Tribunals.—Where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, 6[within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2A) of section 10], submit its award to the appropriate Government.

16. Form of report or award.—(1) The report of a Board or Court shall be in writing and shall be signed by all the members of the Board or Court, as the case may be: Provided that nothing in this section shall be deemed to prevent any member of the Board or Court from recording any minute of dissent from a report or from any recommendation made therein.

(2) The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its presiding officer.

17. Publication of reports and awards.—(1) Every report of a Board or Court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labour Court, Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit.

1. Ins. by Act 36 of 1956, s. 10 (w.e.f. 17-9-1956).

2. Ins. by Act 36 of 1964, s. 8 (w.e.f. 19-12-1964).

3. Subs. by Act 36 of 1956, s. 11, for “Tribunal” (w.e.f. 10-3-1957).

4. Subs. by Act 40 of 1951, s. 6, for “of the notice under section 22”.

5. Subs. by Act 36 of 1956, s. 12, for sections 15, 16, 17 and 17A (w.e.f. 10-3-1957).

6. Subs. by Act 46 of 1982, s. 10, for certain words (w.e.f. 21-8-1984).

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(2) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the Board shall send a report thereof to the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (2) Subject to the provisions of section 17A, the award published under sub-section (1) shall be final and shall not be called in question by any Court in any manner whatsoever.

17A. Commencement of the award.—(1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17: Provided that— (a) if the appropriate Government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or (b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal,

(2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate Government or the Central Government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the Legislature of the State, if the order has been made by a State Government, or before Parliament, if the order has been made by the Central Government.

(3) Where any award as rejected or modified by an order made under sub-section (2) is laid before the Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid; and where no order under sub-section (2) is made in pursuance of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-section (2).

(4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub- section (3), as the case may be.]

1

[17B. Payment of full wages to workman pending proceedings in higher courts.—Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court: Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be.]

18. Persons on whom settlements and awards are binding.—2[(1) A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement.

(2) 3[Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration.]

1. Ins. by Act 46 of 1982, s. 11 (w.e.f. 21-8-1984).

2. Ins. by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956).

3. Subs. by Act 36 of 1964, s. 9, for “An arbitration award” (w.e.f. 19-12-1964).

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that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 1

[(3)] A settlement arrived at in the course of conciliation proceedings under this Act 2[or an arbitration award in a case where a notification has been issued under sub-section (3A) of section 10A] or 3 [an award 4[of a Labour Court, Tribunal or National Tribunal] which has become enforceable] shall be binding on— (b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, 5[arbitrator,] 6[Labour Court, Tribunal or National Tribunal], as the case may be, records the opinion that they were so summoned without proper cause; (c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates; (d) where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part.

19. Period of operation of settlements and awards.—(1) A settlement 7*** shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute.

(2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months 8[from the date on which the memorandum of settlement settlement is signed by the parties to the dispute], and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement.

9 [(3) An award shall, subject to the provisions of this section, remain in operation for a period of one year 10[from the date on which the award becomes enforceable under section 17A]: Provided that the appropriate Government may reduce the said period and fix such period as it thinks fit: Provided further that the appropriate Government may, before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of any award does not exceed three years from the date on which it came into operation.

(4) Where the appropriate Government, whether of its own motion or on the application of any party bound by the award, considers that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate Government may refer the award or a part of it 11[to a Labour Court, if the award was that of a Labour Court or to a Tribunal, if the award was that of a Tribunal or of a National Tribunal] for decision whether the period of operation should not, by reason of such change, be shortened and the decision of 12[Labour Court or the Tribunal, as the case may be] on such reference shall, 13*** be final.

1. Section 18 re-numbered as sub-section (3) of that section by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956).

2. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964).

3. Subs. by Act 48 of 1950, s. 34 and the Schedule, for “an award which is declared by the appropriate Government to be binding under sub-section (2) of section 15”.

4. Ins. by Act 36 of 1956, s. 13 (w.e.f. 10-3-1957).

5. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964).

6. Subs. by Act 36 of 1956, s. 13, for “or Tribunal” (w.e.f. 10-3-1957).

7. The words “arrived at in the course of a conciliation proceeding under this Act” omitted by s. 14, ibid. (w.e.f. 7-10-1956).

8. Ins. by s. 14, ibid. (w.e.f. 7-10-1956).

9. Subs. by Act 48 of 1950, s. 34 and the Schedule, for sub-section (3).

10. Ins. by Act 36 of 1956, s. 14 (w.e.f. 17-9-1956).

11. Subs. by s. 14, ibid., for “to a Tribunal” (w.e.f. 10-3-1957).

12. Subs. by s. 14, ibid., for “the Tribunal” (w.e.f. 10-3-1957).

13. The words “subject to the provision for appeal omitted by s. 14, ibid. (w.e.f. 10-3-1957).

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(a) all parties to the industrial dispute;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (5) Nothing contained in sub-section (3) shall apply to any award which by its nature, terms or other circumstances does not impose, after it has been given effect to, any continuing obligation on the parties bound by the award.

(6) Notwithstanding the expiry of the period of operation under sub-section (3), the award shall continue to be binding on the parties until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award.

1

[(7) No notice given under sub-section (2) or sub-section (6) shall have effect, unless it is given by a party representing the majority of persons bound by the settlement or award, as the case may be.]]

20. Commencement and conclusion of proceedings.—(1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be. (a) where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute; (b) where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate Government or when the report of the Board is published under section 17, as the case may be; or (c) when a reference is made to a Court, 2[Labour Court, Tribunal or National Tribunal] under section 10 during the pendency of conciliation proceedings.

(3) Proceedings 3[before an arbitrator under section 10A or before a Labour Court, Tribunal or National Tribunal] shall be deemed to have commenced on the date or the 4[reference of the dispute for arbitration or adjudication, as the case may be] and such proceedings shall be deemed to have concluded 5 [on the date on which the award becomes enforceable under section 17A].

21. Certain matters to be kept confidential.—There shall not be included in any report or award under this Act any information obtained by a conciliation officer, Board, Court, 6[Labour Court, Tribunal, Tribunal, National Tribunal or an arbitrator] in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such officer, Board, Court, 6[Labour Court, Tribunal, National Tribunal or an arbitrator], if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer, Board, Court, 6[Labour Court, Tribunal, National Tribunal or an arbitrator], as the case may be, that such information shall be treated as confidential; nor shall such conciliation officer or any individual member of the Board, 7[or Court or the presiding officer of the Labour Court, Tribunal or National Tribunal or the arbitrator] or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be: Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).

1. Ins. by Act 36 of 1964, s. 10 (w.e.f. 19-12-1964).

2. Subs. by Act 36 of 1956, s. 15, for “or Tribunal” (w.e.f. 10-3-1957).

3. Subs. by s. 15, ibid., for “before a Tribunal” (w.e.f. 10-3-1957).

4. Subs. by s. 15, ibid., for “reference of a dispute for adjudication” (w.e.f. 10-3-1957).

5. Subs. by Act 18 of 1952, s. 4, for certain words.

6. Subs. by Act 36 of 1956, s. 16, for “or Tribunal” (w.e.f. 10-3-1957).

7. Subs. by s. 16, ibid., for “Court or Tribunal” (w.e.f. 10-3-1957).

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(2) A conciliation proceeding shall be deemed to have concluded—

[For IAS Prelims 2020 by BestCurrentAffairs.com] CHAPTER V STRIKES AND LOCK-OUTS 22. Prohibition of strikes and lock-outs.—(1) No person employed in a public utility service shall go on strike in breach of contract— (a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

(2) No employer carrying on any public utility service shall lock-out any of his workmen—

(b) within fourteen days of giving such notice; or (c) before the expiry the date of lock-out specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

(3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services.

(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed.

(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.

(6) If on any day an employer receives from any persons employed by him any such notices as are referred to in sub-section (1) or gives to any persons employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe the number of such notices received or given on that day.

23. General prohibition of strikes and lock-outs.—No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out— (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings; (b) during the pendency of proceedings before 1[a Labour Court, Tribunal or National Tribunal] and two months after the conclusion of such proceedings; 2*** 3

[(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or] (c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.

1. Subs. by Act 36 of 1956, s. 17, for “a Tribunal” (w.e.f. 10-3-1957).

2. The word “or” omitted by Act 36 of 1964, s. 11 (w.e.f. 19-12-1964).

3. Ins. by s. 11, ibid. (w.e.f. 19-12-1964).

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(a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking out; or

[For IAS Prelims 2020 by BestCurrentAffairs.com] 24. Illegal strikes and lock-outs.—(1) A strike or a lock-out shall be illegal if— (i) it is commenced or declared in contravention of section 22 or section 23; or (ii) it is continued in contravention of an order made under sub-section (3) of section 10 1[or sub-section (4A) of section 10A].

(2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, 1[an arbitrator, a] 2[Labour Court, Tribunal or National Tribunal], the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of section 10 1[or sub-section (4A) of section 10A].

(3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.

3

[CHAPTER VA

LAY-OFF AND RETRENCHMENT 25A. Application of sections 25C to 25E.—(1) Sections 25C to 25E inclusive 4[shall not apply to industrial establishments to which Chapter VB applies, or—] (a) to industrial establishments in which less than fifty workmen on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal character or in which work is performed only intermittently.

(2) 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.

5 [Explanation.—In this section and in sections 25C, 25D and 25E, “industrial establishment” means— (i) a factory as defined in clause (m) of section 2 of the Factories Act 1948 (63 of 1948); or (ii) a mine as defined in clause (i) of section 2 of the Mines Act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951).]

6 [25B. Definition of continuous service.—Forthe purposes of this Chapter,— (1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman; (2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer—

1. Ins. by Act 36 of 1964, s. 12 (w.e.f. 19-12-1964).

2. Subs. by Act 36 of 1956, s. 18, for “or Tribunal” (w.e.f. 10-3-1957).

3. Ins. by Act 43 of 1953, s. 3 (w.e.f. 24-10-1953).

4. Subs. by Act 32 of 1976, s. 2, for “shall not apply-” (w.e.f. 5-3-1976).

5. Subs. by Act 48 of 1954, s. 2, for the Explanation (w.e.f. 1-4-1954).

6. Subs. by Act 36 of 1964, s. 13, for section 25B (w.e.f. 19-12-1964).

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25. Prohibition of financial aid to illegal strikes and lock-outs.—No person shall knowingly expend or apply any money in direct furtherance of support of any illegal strike or lock-out.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than— (i) one hundred and ninety days in the case of a workman employed below ground in a mine; and (ii) two hundred and forty days, in any other case; (b) for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than— (i) ninety-five days, in the case of a workman employed below ground in a mine; and (ii) one hundred and twenty days, in any other case.

(i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under this Act or under any other law applicable to the industrial establishment; (ii) he has been on leave with full wages, earned in the previous years; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.]

1

[25C. Right of workmen laid-off for compensation.—Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off: Provided that if during any period of twelve months, a workman is so laid-off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer: Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to the workman for having been laid-off during the preceding twelve months may be set off against the compensation payable for retrenchment.

Explanation.—“Badli workman” means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment.]

25D. Duty of an employer to maintain muster rolls of workmen.—Notwithstanding that workmen in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of this Chapter a muster roll and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours.

1. Subs. by Act 35 of 1965, s. 5, for section 25C (w.e.f. 1-12-1965).

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Explanation.—For the purposes of clause (2), the number of days on which a workman has actually worked under an employer shall include the days on which—

[For IAS Prelims 2020 by BestCurrentAffairs.com] 25E. Workmen not entitled to compensation in certain cases.—No compensation shall be paid to a workman who has been laid-off— (i) if he refuses to accept any alternative employment in the same establishment from which he has been laid-off, or in any other establishment belonging to the same employer situate in the same town or village or situate within a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also; (ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day; (iii) if such laying-off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment.

(a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; 1

*

*

*

*

*

(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay 2[for every completed year of continuous service] or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government 3[or such authority as may be specified by the appropriate Government by notification in the Official Gazette].

4

[25FF. Compensation to workmen in case of transfer of undertakings.—Where the ownership or management of an undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that undertaking to a new employer, every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched: Provided that nothing in this section shall apply to a workman in any case where there has been a change of employers by reason of the transfer, if— (a) the service of the workman has not been interrupted by such transfer; (b) the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; and (c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by the transfer.

5

[25FFA. Sixty days’ notice to be given of intention to close down any undertaking.—(1) An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate Government stating clearly the reasons for the intended closure of the undertaking: 1. The proviso omitted by Act 49 of 1984, s. 3 (w.e.f. 18-8-1984).

2. Subs. by Act 36 of 1964, s. 14, for “for every completed year of service” (w.e.f. 19-12-1964).

3. Ins. by s. 14, ibid. (w.e.f. 19-12-1964).

4. Subs. by Act 18 of 1957, s. 3, for section 25FF (w.e.f. 28-11-1956).

5. Ins. by Act 32 of 1972, s. 2.

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25F. Conditions precedent to retrenchment of workmen.—No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until—

[For IAS Prelims 2020 by BestCurrentAffairs.com] Provided that nothing in this section shall apply to— (a) an undertaking in which— (i) less than fifty workmen are employed, or (ii) less than fifty workmen were employed on an average per working day in the preceding twelve months, (b) an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project.

25FFF. Compensation to workmen in case of closing down of undertakings.—(1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched: Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman under clause (b) of section 25F shall not exceed his average pay for three months.

1

[Explanation.—An undertaking which is closed down by reason merely of— (i) financial difficulties (including financial losses); or (ii) accumulation of undisposed of stocks; or (iii) the expiry of the period of the lease or licence granted to it; or (iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals in the area in which such operations are carried on;

shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this sub-section.]

2

[(1A) Notwithstanding anything contained in sub-section (1), where an undertaking engaged in mining operations is closed down by reason merely of exhaustion of the minerals in the area in which such operations are carried on, no workman referred to in that sub-section shall be entitled to any notice or compensation in accordance with the provisions of section 25F, if— (a) the employer provides the workman with alternative employment with effect from the date of closure at the same remuneration as he was entitled to receive, and on the same terms and conditions of service as were applicable to him, immediately before the closure; (b) the service of the workman has not been interrupted by such alternative employment; and (c) the employer is, under the terms of such alternative employment or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment.

(1B) For the purposes of sub-sections (1) and (1A), the expressions “minerals” and “mining operations” shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957).]

(2) Where any undertaking set-up for the construction of buildings, bridges, roads, canals, dams or other construction work is closed down on account of the completion of the work within two years from 1. Subs. by Act 45 of 1971, s. 4, for the Explanation (w.e.f. 15-12-1971).

2. Ins. by s. 4, ibid. (w.e.f. 15-12-1971).

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(2) Notwithstanding anything contained in sub-section (1), the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order.]

[For IAS Prelims 2020 by BestCurrentAffairs.com] the date on which the undertaking had been set-up, no workman employed therein shall be entitled to any compensation under clause (b) of section 25F, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every 1[completed year of continuous service] or any part thereof in excess of six months.]

25G. Procedure for retrenchment.—Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman.

25-I. [Recovery of moneys due fromemployres under this chapter.]Rep. by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 (36 of 1956), s. 19 (w.e.f. 10-3-1957).

25J. Effect of laws inconsistent with this Chapter.—(1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law [including standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946)]: 3

[Provided that where under the provisions of any other Act or rules, orders or notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the workman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.] (2) For the removal of doubts, it is hereby declared that nothing contained in this Chapter shall be deemed to affect the provisions of any other law for the time being in force in any State in so far as that law provides for the settlement of industrial disputes, but the rights and liabilities of employers and workmen in so far as they relate to lay-off and retrenchment shall be determined in accordance with the provisions of this Chapter.]

4

[CHAPTER VB

SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS

25K. Application of Chapter VB.—(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 5[one hundred] workmen were employed on an average per working day for the preceding twelve months.

(2) 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.

25L. Definitions.—For the purposes of this Chapter,— (a) “industrial establishment” means— (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); 1. Subs. by Act 36 of 1964, s. 15, for “completed year of service” (w.e.f. 19-12-1964).

2. Subs. by s. 16, ibid., for certain words (w.e.f. 19-12-1964).

3. Subs. by s. 17, ibid., for the proviso (w.e.f. 19-12-1964).

4. Ins. by Act 32 of 1976, s. 2 (w.e.f. 5-3-1976).

5. Subs. by Act 46 of 1982, s. 12, for “three hundred” (w.e.f. 21-8-1984).

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25H. Re-employment of retrenched workmen.—Where any workmen are retrenched, and the employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed, give an opportunity 2[to the retrenched workmen who are citizens of India to offer themselves for reemployment and such retrenched workman] who offer themselves for re-employment shall have preference over other persons.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (ii) a mine as defined in clause (i) of sub- section (1) of section 2 of the Mines Act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); (b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2,— (i) in relation to any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or

25M. Prohibition of lay-off.—(1) No workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall be laid-off by his employer except 1[with the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority), obtained on an application made in this behalf, unless such lay-off is due to shortage of power or to natural calamity, and in the case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion].

2

[(2) An application for permission under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner.

(3) Where the workman (other than badli workmen or casual workmen) of an industrial establishment, being a mine, have been laid-off under sub-section (1) for reasons of fire, flood or excess of inflammable gas or explosion, the employer, in relation to such establishment, shall, within a period of thirty days from the date of commencement of such lay-off, apply, in the prescribed manner, to the appropriate Government or the specified authority for permission to continue the lay-off.

(4) Where an application for permission under sub-section (1) or sub-section (3) has been made, the appropriate Government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such lay-off, may, having regard to the genuineness and adequacy of the reasons for such lay-off, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.

(5) Where an application for permission under sub-section (1) or sub-section (3) has been made and the appropriate Government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.

(6) An order of the appropriate Government or the specified authority granting or refusing to grant permission shall, subject to the provisions of sub-section (7), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.

(7) The appropriate Government or the specified authority may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under sub-section (4) or refer the matter or, as the case may be, cause it to be referred, to a Tribunal for adjudication: Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.

1. Subs. by Act 49 of 1984, s. 4, for certain words (w.e.f. 18-8-1984).

2. Subs. by s. 4, ibid., for sub-sections (2) to (5) (w.e.f. 18-8-1984).

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(ii) in relation to any corporation [not being a corporation referred to in sub-clause (i) of clause (a) of section 2] established by or under any law made by Parliament, the Central Government shall be the appropriate Government.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (8) Where no application for permission under sub-section (1) is made, or where no application for permission under sub-section (3) is made within the period specified therein, or where the permission for any lay-off has been refused, such lay-off shall be deemed to be illegal from the date on which the workmen had been laid-off and the workmen shall be entitled to all the benefits under any law for the time being in force as if they had not been laid-off.

(9) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1), or, as the case may be, sub-section (3) shall not apply in relation to such establishment for such period as may be specified in the order.]

1

Explanation.—For the purposes of this section, a workman shall not be deemed to be laid-off by an employer if such employer offers any alternative employment (which in the opinion of the employer does not call for any special skill or previous experience and can be done by the workman) in the same establishment from which he has been laid-off or in any other establishment belonging to the same employer, situate in the same town or village, or situate within such distance from the establishment to which he belongs that the transfer will not involve undue hardship to the workman having regard to the facts and circumstances of his case, provided that the wages which would normally have been paid to the workman are offered for the alternative appointment also.

2

[25N. Conditions precedent to retrenchment of workmen.—(1) No workman employed in any industrial establishment to which this Chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until,— (a) the workman has been given three months’ notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; and (b) the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority) has been obtained on an application made in this behalf.

(2) An application for permission under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner.

(3) Where an application for permission under sub-section (1) has been made, the appropriate Government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.

(4) Where an application for permission has been made under sub-section (1) and the appropriate Government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.

(5) An order of the appropriate Government or the specified authority granting or refusing to grant permission shall, subject to the provisions of sub-section (6), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.

1. Sub-section (6) re-numbered as sub-section (10) by Act 49 of 1984, s. 4 (w.e.f. 18-8-1984).

2. Subs. by s. 5, ibid., for section 25N (w.e.f. 18-8-1984).

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[(10)] The provisions of section 25C (other than the second proviso thereto) shall apply to cases of lay-off referred to in this section.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (6) The appropriate Government or the specified authority may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under sub-section (3) or refer the matter or, as the case may be, cause it to be referred, to a Tribunal for adjudication: Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.

(7) Where no application for permission under sub-section (1) is made, or where the permission for any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the workman and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him.

(9) Where permission for retrenchment has been granted under sub-section (3) or where permission for retrenchment is deemed to be granted under sub-section (4), every workman who is employed in that establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months.]

1

[25-O. Procedure for closing down an undertaking.—(1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner: Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.

(2) Where an application for permission has been made under sub-section (1), the appropriate Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refused to grant such permission and a copy of such order shall be communicated to the employer and the workmen.

(3) Where an application has been made under sub-section (1) and the appropriate Government does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.

(4) An order of the appropriate Government granting or refusing to grant permission shall, subject to the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one year from the date of such order.

(5) The appropriate Government may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under sub-section (2) or refer the matter to a Tribunal for adjudication: Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.

1. Subs. by Act 46 of 1982, s. 14, for section 25-O (w.e.f. 21-8-1984).

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(8) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct, that the provisions of sub- section (1) shall not apply in relation to such establishment for such period as may be specified in the order.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (6) Where no application for permission under sub-section (1) is made within the period specified therein, or where the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down.

(7) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order.

25P. Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976.—If the appropriate Government is of opinion in respect of any undertaking of an industrial establishment to which this Chapter applies and which closed down before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976),— (a) that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer; (b) that there are possibilities of restarting the undertaking; (c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community to restart the undertaking or both; and (d) that the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking, it may, after giving an opportunity to such employer and workmen, direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one month from the date of the order) as may be specified in the order.

25Q. Penalty for lay-off and retrenchment without previous permission.—Any employer who contravenes the provisions of section 25M or 1*** of section 25N shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

25R. Penalty for closure.—(1) Any employer who closes down an undertaking without complying with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

(2) Any employer, who contravenes 2[an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25P], shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.

3

*

*

*

*

*

25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter applies.—The provisions of sections 25B, 25D, 25FF, 25G, 25H, and 25J in Chapter VA shall, 1. Certain words omitted by Act 49 of 1984, s. 6 (w.e.f. 18-8-1984).

2. Subs. by Act 46 of 1982, s. 15, for certain words (w.e.f. 21-8-1984).

3. Sub-section (3) omitted by s. 15, ibid. (w.e.f. 21-8-1984).

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(8) Where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed to be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months.]

[For IAS Prelims 2020 by BestCurrentAffairs.com] so far as may be, apply also in relation to an industrial establishment to which the provisions of this Chapter apply.]

1

[CHAPTER VC

UNFAIR LABOUR PRACTICES 25T. Prohibition of unfair labour practice.—No employer or workman or a trade union, whether registered under the Trader Unions Act, 1926 (18 of 1926), or not, shall commit any unfair labour practice.

25U. Penalty for committing unfair labour practices.—Any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.]

CHAPTER VI 26. Penalty for illegal strikes and lock-outs.—(1) Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.

(2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

27. Penalty for instigation, etc.—Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

28. Penalty for giving financial aid to illegal strikes and lock-outs.—Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

2

[29. Penalty for breach of settlement or award.—Any person who commits a breach of any term of any settlement or award, which is binding on him under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both 3[and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first] and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to any person who, in its opinion, has been injured by such breach.]

30. Penalty for disclosing confidential information.—Any person who wilfully discloses any such information as is referred to in section 21 in contravention of the provisions of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

4

[30A. Penalty for closure without notice.—Any employer who closes down any undertaking without complying with the provisions of section 25FFA shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.]

1. Ins. by Act 46 of 1982, s. 16 (w.e.f. 21-8-1984).

2. Subs. by Act 36 of 1956, s. 20, for section 29 (w.e.f. 17-9-1956).

3. Ins. by Act 35 of 1965, s. 6 (w.e.f. 1-12-1965).

4. Ins. by Act 32 of 1972, s. 3.

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PENALTIES

[For IAS Prelims 2020 by BestCurrentAffairs.com] 31. Penalty for other offences.—(1) Any employer who contravenes the provisions of section 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

(2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine which may extend to one hundred rupees.

CHAPTER VII MISCELLANEOUS 32. Offence by companies, etc.—Where a person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

[33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.—(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before 2[an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall,— (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending.

(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute 2[or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the workman],— (a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding; or (b) for any misconduct not connected with the dispute, or discharge or punish, whether by dismissal or otherwise, that workman: Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer.

(3) Notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute— (a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings; or (b) by discharging or punishing, whether by dismissal or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending.

Explanation.—For the purposes of this sub-section, a “protected workman”, in relation to an establishment, means a workman who, being 3[a member of the executive or other office bearer] of a 1. Subs. by Act 36 of 1956, s. 21, for section 33 (w.e.f. 10-3-1957).

2. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964).

3. Subs. by Act 45 of 1971, s. 5, for “an officer” (w.e.f. 15-12-1971).

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1

[For IAS Prelims 2020 by BestCurrentAffairs.com] registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf.

(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of sub-section (3) shall be one per cent. of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose, the appropriate Government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as protected workmen.

(5) Where an employer makes an application to a conciliation officer, Board, 1[an arbitrator, a] labour Court, Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, 2[within a period of three months from the date of receipt of such application], such order in relation thereto as it deems fit:] 3

Provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being completed.]

4

[33A. Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings.—Where an employer contravenes the provisions of section 33 during the pendency of proceedings 5[before a conciliation officer, Board, an arbitrator, a Labour Court, Tribunal or National Tribunal], any employee aggrieved by such contravention, may make a camplaint in writing, 5 [in the prescribed manner,— (a) to such conciliation officer or Board, and the conciliation officer or Board shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and (b) to such arbitrator, Labour Court, Tribunal or National Tribunal and on receipt of such complaint, the arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this Act and shall submit his or its award to the appropriate Government and the provisions of this Act shall apply accordingly.]]

6

[33B. Power to transfer certain proceedings.—(1) The appropriate Government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this Act pending before a Labour Court, Tribunal or National Tribunal and transfer the same to another Labour Court, Tribunal or National Tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, Tribunal or National Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred: Provided that where a proceeding under section 33 or section 33A is pending before a Tribunal or National Tribunal, the proceeding may also be transferred to a Labour Court.

(2) Without prejudice to the provisions of sub-section (1), any Tribunal or National Tribunal, if so authorised by the appropriate Government, may transfer any proceeding under section 33 or section 33A pending before it to any one of the Labour Courts specified for the disposal of such proceedings by the appropriate Government by notification in the Official Gazette and the Labour Court to which the proceeding is so transferred shall dispose of the same.

1. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964).

2. Subs. by Act 46 of 1982, s. 17, for “as expeditiously as possible” (w.e.f. 21-8-1984).

3. Ins. by s. 17, ibid. (w.e.f. 21-8-1984).

4. Ins. by Act 48 of 1950, s. 34 and the Schedule.

5. Subs. by Act 46 of 1982, s. 18, for certain words (w.e.f. 21-8-1984).

6. Ins. by Act 36 of 1956, s. 23 (w.e.f. 10-3-1957).

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[Provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit:

[For IAS Prelims 2020 by BestCurrentAffairs.com] 1

[33C. Recovery of money due from an employer.—(1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of 2[Chapter VA or Chapter VB], the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, 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 Government is satisfied that any money is so due, it shall issue a certificate 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 workman from the employer:

(2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government; 3[within a period not exceeding three months:] 3

[Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit.]

(3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit a report to the Labour Court and the Labour Court shall determine the amount after considering the report of the commissioner and other circumstances of the case.

(4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any amount found due by the Labour Court may be recovered in the manner provided for in sub-section (1).

(5) Where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen.

Explanation.—In this section “Labour Court” includes any court constituted under any law relating to investigation and settlement of industrial disputes in force in any State.]]

34. Cognizance of offences.—(1) No Court shall take cognizance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate Government.

(2) No Court inferior to that of 4[a Metropolitan Magistrate or a Judicial Magistrate of the first class], shall try any offence punishable under this Act. 35. Protection of persons.—(1) No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding.

1. Subs. by Act 36 of 1964, s. 19, for section 33C (w.e.f. 19-12-1964).

2. Subs. by Act 32 of 1976, s. 4, for “Chapter VA” (w.e.f. 5-3-1976).

3. Ins. by Act 46 of 1982, s. 19 (w.e.f. 21-8-1984).

4. Subs. by s. 20, ibid., for certain words (w.e.f. 21-8-1984).

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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.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (2) Nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that Court thinks just.

1

[36. Representation of parties.—(1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by— (a) 2[any member of the executive or office bearer] of a registered trade union of which he is a member: (b) 2[any member of the executive or other office bearer] of a federation of trade unions to which the trade union referred to in clause (a) is affiliated;

(2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by— (a) an officer of an association of employers of which he is a member; (b) an officer of a federation of association of employers to which the association referred to in clause (a) is affiliated; (c) where the employer is not a member of any association of employers, by an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed.

(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court.

(4) In any proceeding 3[before a Labour Court, Tribunal or National Tribunal], a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceedings and 4 [with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be].]

5

[36A. Power to remove difficulties.—(1) If, in the opinion of the appropriate Government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Labour Court, Tribunal or National Tribunal as it may think fit.

(2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties.]

6

[36B. Power to exempt.—Where the appropriate Government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings carried on by a department of that Government that adequate provisions exist for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or unconditionally such establishment or undertaking or class of establishments or undertakings from all or any of the provisions of this Act.].

1. Subs. by Act 48 of 1950, s. 34 and the Schedule, for section 36.

2. Subs. by Act 45 of 1971, s. 6, for “an officer” (w.e.f. 15-12-1971).

3. Subs. by Act 36 of 1956, s. 24, for “before a Tribunal” (w.e.f. 10-3-1957).

4. Subs. by s. 24, ibid., for “with the leave of the Tribunal” (w.e.f. 10-3-1957).

5. Ins. by s. 25, ibid. (w.e.f. 10-3-1957).

6. Ins. by Act 46 of 1982, s. 21 (w.e.f. 21-8-1984).

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(c) where the worker is not a member of any trade union, by 2[any member of the executive or other office bearer] of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and authorised in such manner as may be prescribed.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 37. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

38. Power to make rules.—(1) The appropriate Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the powers and procedure of conciliation officers, Boards, Courts, 1[Labour Courts, Tribunals and National Tribunals] including rules as to the summoning of witnesses, the production of documents relevant to the subject-matter of an inquiry or investigation, the number of members necessary to form a quroum and the manner of submission of reports and awards; 2

[(aa) the form of arbitration agreement, the manner in which it may be signed by the parties, [the manner in which a notification may be issued under sub-section (3A) of section 10A,] the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him; (aaa) the appointment of assessors in proceedings under this Act;] 4

*

*

*

*

*

(b) the constitution and functions of and the filling of vacancies in Works Committees, and the procedure to be followed by such Committees in the discharge of their duties; 5

[(c) the salaries and allowances and the terms and conditions for appointment of the presiding officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible to members of Courts, Boards and to assessors and witnesses;] (d) the ministerial establishment which may be allotted to a Court, Board, 6[Labour Court, Tribunal or National Tribunal] and the salaries and allowances payable to members of such establishments; (e) the manner in which and the persons by and to whom notice of strike or lock-out may be given and the manner in which such notices shall be communicated; (f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, 6[Labour Court, Tribunal or National Tribunal]; (g) any other matter which is to be or may be prescribed.

(3) Rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees.

7

[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament.]

8

[(5) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 9[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule 1. Subs. by Act 36 of 1956, s. 26, for “and Tribunals” (w.e.f. 10-3-1957).

2. Ins. by s. 26, ibid. (w.e.f. 10-3-1957).

3. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).

4. Clause (ab) omitted by Act 24 of 2010, s. 8 (w.e.f. 15-9-2010).

5. Subs. by s. 8, ibid., for clause (c) (w.e.f. 15-9-2010).

6. Subs. by 36 of 1956, s. 26, for “or Tribunal” (w.e.f. 10-3-1957).

7. Ins. by s. 26, ibid. (w.e.f. 10-3-1957).

8. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).

9. Subs. by Act 32 of 1976, s. 5, for certain words (w.e.f. 5-3-1976).

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3

[For IAS Prelims 2020 by BestCurrentAffairs.com] 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 anything previously done under that rule.]

1

[39. Delegation of powers.—The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,— (a) 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 officer 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 specified in the notification.]

[40. Power to amend Schedules.—(1) The appropriate Government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly.

(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly.

(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.] _______________ 3

[THE FIRST SCHEDULE [Seesection 2(n)(vi)]

INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2

1. Transport (other than railways) for the carriage of passengers or goods, 4[by land or water]; 2. Banking.

3. Cement.

4. Coal.

5. Cotton textiles.

6. Food stuffs.

7. Iron and Steel.

8. Defence establishments.

9. Service in hospitals and dispensaries.

10. Fire Brigade Service.

1. Subs. by Act 36 of 1956, s. 27, for section 39 (w.e.f. 17-9-1956).

2. Subs. by Act 36 of 1964, s. 21, for section 40 (w.e.f. 19-12-1964).

3. Subs. by Act 36 of 1956, s. 29, for the Schedule (w.e.f. 10-3-1957).

4. Subs. by Act 36 of 1964, s. 22, for “by land, water or air” (w.e.f. 19-12-1964).

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2

[For IAS Prelims 2020 by BestCurrentAffairs.com] 1

[11. India Government Mints.

12. India Security Press.

13. Copper Mining.

14. Lead Mining.

15. Zinc Mining.

16. Iron Ore Mining.

17. Service in any oil-field.

2

***

19. Service in the Uranium Industry.

20. Pyrites Mining.

22. Services in the Bank Note Press, Dewas.

23. Phosphorite Mining.

24. Magnesite Mining.] ____________ THE SECOND SCHEDULE (Seesection 7) MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS 1. The propriety or legality of an order passed by an employer under the standing orders; 2. The application and interpretation of standing orders; 3. Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen wrongfully dismissed; 4. Withdrawal of any customary concession or privilege; 5. Illegality or otherwise of a strike or lock-out; and 6. All matters other than those specified in the Third Schedule. _______________________ THE THIRD SCHEDULE (See section 7A) MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS 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. Bonus, profit sharing, provident fund and gratuity; 6. Shift working otherwise than in accordance with standing orders; 7. Classification by grades; 1. These entries were added to the Schedule from time to time by notifications issued under section 40 of the Act. 2. Entry 18 omitted by Act 45 of 1971, s. 7 (w.e.f. 15-12-1971).

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21. Security Paper Mill, Hoshangabad.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 8. Rules of discipline; 9. Rationalisation; 10. Retrenchment of workmen and closure of establishment; and 11. Any other matter that may be prescribed. ___________________ THE FOURTH SCHEDULE (Seesection 9A) CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN 1. Wages, including the period and mode of payment; 2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force; 4. Hours of work and rest intervals; 5. Leave with wages and holidays; 6. Starting, alteration or discontinuance of shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Withdrawal of any customary concession or privilege or change in usage; 9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are provided in standing orders; 10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen; 11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, 1[not occasioned by circumstances over which the employer has no control].] ______________ 2

[THE FIFTH SCHEDULE [Seesection 2(ra)]

UNFAIR LABOUR PRACTICES I.—On the part of employers and trade unions of employers 1. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say:— (a) threatening workmen with discharge or dismissal, if they join a trade union; (b) threatening a lock-out or closure, if a trade union is organised; (c) granting wage increase to workmen at crucial periods of trade union organisation, with a view to undermining the efforts of the trade union organisation.

1. Subs. by Act 36 of 1964, s. 23, for “not due to forced matters” (w.e.f. 19-12-1964).

2. Ins. by Act 46 of 1982, s. 23 (w.e.f. 21-8-1984).

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3. Compensatory and other allowances;

[For IAS Prelims 2020 by BestCurrentAffairs.com] 2. To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say:— (a) an employer taking an active interest in organising a trade union of his workmen; and (b) an employer showing partiality or granting favour to one of several trade unions attempting to organise his workmen or to its members, where such a trade union is not a recognised trade union.

3. To establish employer sponsored trade unions of workmen.

4. To encourage or discourage membership in any trade union by discriminating against any workman, that is to say:— (a) discharging or punishing a workman, because he urged other workmen to join or organise a trade union;

(c) changing seniority rating of workmen because of trade union activities; (d) refusing to promote workmen to higher posts on account of their trade union activities; (e) giving unmerited promotions to certain workmen with a view to creating discord amongst other workmen, or to undermine the strength of their trade union; (f) discharging office-bearers or active members of the trade union on account of their trade union activities.

5. To discharge or dismiss workmen— (a) by way of victimisation; (b) not in good faith, but in the colourable exercise of the employer's rights; (c) by falsely implicating a workman in a criminal case on false evidence or on concocted evidence; (d) for patently false reasons; (e) on untrue or trumped up allegation of absence without leave; (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste; (g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the workman, thereby leading to a disproportionate punishment.

6. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike.

7. To transfer a workman mala fide from one place to another, under the guise of following management policy.

8. To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a pre-condition to allowing them to resume work.

9. To show favouritism or partiality to one set of workers regardless of merit.

10.To employ workmen as “badlis”, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.

11.To discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute.

12. To recruit workmen during a strike which is not an illegal strike.

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(b) discharging or dismissing a workman for taking part in any strike (not being as trike which is deemed to be an illegal strike under this Act);

[For IAS Prelims 2020 by BestCurrentAffairs.com] 13. Failure to implement award, settlement or agreement.

14. To indulge in acts of force or violence.

15. To refuse to bargain collectively, in good faith with the recognised trade unions.

16. Proposing or continuing a lock-out deemed to be illegal under this Act. II.—On the part of workmen and trade unions of workmen 1. To advise or actively support or instigate any strike deemed to be illegal under this Act. 2. To coerce workmen in the exercise of their right to self-organisation or to join a trade union or refrain from joining any trade union, that is to say:— (a) for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work place; (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking workmen or against managerial staff.

4. To indulge in coercive activities against certification of a bargaining representative.

5. To stage, encourage or instigate such forms of corrective actions as wilful “go slow”, squatting on the work premises after working hours or “gherao” of any of the members of the managerial or other staff.

6. To stage demonstrations at the residence of the employers or the managerial staff members.

7. To incite or indulge in willful damage to employer's property connected with the industry.

8. To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work.]

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3. For a recognised union to refuse to bargain collectively in good faith with the employer.

[For IAS Prelims 2020 by BestCurrentAffairs.com]

THE MINIMUM WAGES ACT, 1948 ACT NO. 11 OF 1948 1* [15th March, 1948.]

An Act to provide employments.

for fixing

WHEREAS it is expedient wages in certain employments;

minimum

rates

to provide

of

wages

in

certain

for fixing minimum rates of

It is hereby enacted as follows:-1.

Short title and extent.

(2) It extends to the whole of India 2***.

2.

Interpretation.

2. Interpretation.- In this repugnant in the subject context,--

Act,

unless

there

is

anything

3*[(a) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year; (aa) "adult" means a person who has completed his eighteenth year of age;] (b) "appropriate Government" means,-(i) in relation to any scheduled employment carried on by or under the authority of the 4*[Central Government or a railway administration], or in relation to a mine, oilfield or major port, or any corporation established by 5*[a Central Act], the Central Government, and (ii) in relation to any other employment, the State Government; 6*[(bb) "child" means a fourteenth year of age;]

person who

has not

scheduled

completed his

(c) "competent authority" means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification; --------------------------------------------------------------------1.

This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I; Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. and Union Territory of Goa, Daman and Diu by Notification No. G.S.R. 436, dated 16-4-1973, Gazette of India, Pt. II, Sec. 3(i), p.

875.

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1. Short title and extent.-(1) This Act may be called the Minimum Wages Act, 1948.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 2

This Act has been amended in Uttar Pradesh by Uttar Pradesh Act 20 of 1960 (w.e.f. 1-1-1960). Bihar by Bihar Act 3 of 1961, Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of 1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of 1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976.

2.

The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).

3.

4.

Subs. by Act 61 of 1986, s. 23.

Subs. by Act 30 of 1957, s. 2, for "Central Government, by a railway administration".

Subs. by the A. O. 1950, for "an Act of the Central Legislature".

Ins. by Act 61 of 1986, s. 23.

5.

6.

202

(e)

"employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26,-(i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under 1*[clause (f) of subsection (1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory; (ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;

(f) "prescribed" means prescribed by rules made under this Act; --------------------------------------------------------------------1.

Subs. by Act 26 of 1954, s. 2, for "clause (e) of sub-section (1) of section 9 of the Factories Act, 1934".

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(d) "cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment;

[For IAS Prelims 2020 by BestCurrentAffairs.com] 3

(g) "scheduled employment" means an employment specified in the Schedule, or any process or branch of work forming part of such employment; (h)

"wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, 1*[and includes house rent allowance], but does not include-(i) the value of-(a) any house-accommodation, supply of light, water, medical attendance, or (b) any other amenity or any service excluded by general or special order of the appropriate Government;

(iii) any travelling allowance or the value of any travelling concession; (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (v) any gratuity payable on discharge; (i) "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the 2*[Union].

--------------------------------------------------------------------1.

Ins. by Act 30 of 1957, s. 2.

2.

Subs. by the A. O. 1950 for "Crown".

204 3.

Fixing of minimum rates of wages.

3. Fixing of minimum rates of wages.- 1*[(1) The Government shall, in the manner hereinafter provided,--

appropriate

2*[(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27: Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing

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(ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance;

[For IAS Prelims 2020 by BestCurrentAffairs.com] 4

minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;] (b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary:

(1A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time, 4*** the appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment 5*[as soon as may be after such finding].]

(2) The appropriate Government may fix,-(a) a minimum rate of wages for time work (hereinafter referred to as "a minimum time rate"); --------------------------------------------------------------------1.

Subs. by Act 26 of 1954, s. 3, for sub-section (1).

2.

Subs. by Act 31 of 1961, s. 2, for cl. (a).

3.

Added by Act 30 of 1957, s. 3.

4.

Certain words, brackets and figure omitted by Act 31 of 1961, s. 2.

5.

Subs. by s. 2, ibid., for certain words.

205 (b) a minimum rate of wages for piece work referred to as "a minimum piece rate");

(hereinafter

(c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as "a guaranteed time rate"); (d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as "overtime rate").

1*[(2A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 (14 of 1947.) or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the

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3*[Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.]

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notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period.]

(3) In section,--

fixing or

revising minimum

rates of

wages

under

this

(a) different minimum rates of wages may be fixed for-(i) different scheduled employments; (ii) different scheduled employment; (iii) adults, apprentices;

classes

of

work

adolescents,

in

the

children

same and

(iv) different localities;

(i) by the hour, --------------------------------------------------------------------1.

Ins. by Act 31 of 1961, s. 2.

2.

Subs. by Act 30 of 1957, s. 3, for the original clause, excluding the proviso.

206 (ii) by the day, (iii) by the month, or (iv) by prescribed;

such other

larger wage-period

as may be

and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated:] Provided that where any wage-periods have section 4 of the Payment of Wages Act, 1936 (4 wages shall be fixed in accordance therewith.

been fixed under of 1936), minimum

4.

Minimum rate of wages.

4. Minimum rate of wages.-(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under section 3 may consist of-(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the "cost of living allowance"); or (ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorized; or (iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any.

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2*[(b) minimum rates of wages may be fixed by any one or more of the following wage periods, namely:--

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(2) The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate Government.

5.

Procedure for fixing and revising minimum wages.

1*[5. Procedure for fixing and revising minimum wages.- (1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either-(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or --------------------------------------------------------------------1.

Subs. by Act 30 of 1957, s. 4, for the original section.

(b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration.

(2) After considering the advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise 207 provides, it shall come into force on the expiry of three months from the date of its issue: Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of subsection (1), the appropriate Government shall consult the Advisory Board also.]

6.

[Repealed.]

6. [Advisory committees and sub-committees.]-Rep. by the Minimum Wages (Amendment) Act, 1957 (30 of 1957), s. 5.

7.

Advisory Board.

7. Advisory Board.- For the purpose of co-ordinating the work of 1*[committees and sub-committees appointed under section 5] and advising the appropriate Government generally in the matter of fixing and revising minimum rates of wages, the appropriate Government shall appoint an Advisory Board.

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206A

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8.

Central Advisory Board.

8. Central Advisory Board.- (1) For the purpose of advising the Central and State Governments in the matters of the fixation and revision of minimum rates of wages and other matters under this Act and for co-ordinating the work of the Advisory Boards, the Central Government shall appoint a Central Advisory Board.

(2) The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government.

9.

9. Composition of committees, etc.- Each of the committees, subcommittees 2*** and the Advisory Board shall consist of persons to be nominated by the appropriate Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman by the appropriate Government.

10.

Correction of errors.

3*[10. Correction of errors.- (1) The appropriate Government may, at any time, by notification in the Official Gazette, correct clerical or arithmetical --------------------------------------------------------------------1.

Subs. by Act 30 of 1957, s. 6, for "committees, sub-committees, advisory committees and advisory sub-committees appointed under sections 5 and 6".

2.

The words "advisory committees, advisory sub-committees" omitted by s. 7, ibid.

3.

Subs. by s. 8, ibid., for the original section.

208 mistakes in any order fixing or revising minimum rates of wages under this Act, or errors arising therein from any accidental slip or omission.

(2) Every such notification shall, as soon as may be after it is issued, be placed before the Advisory Board for information.]

11.

Wages in kind.

11. Wages in kind.-(1) Minimum wages payable under this Act shall be paid in cash.

(2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorize the payment of minimum wages either wholly or partly in kind.

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Composition of committees, etc.

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(3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concession rates, the appropriate Government may, by notification in the Official Gazette, authorize the provision of such supplies at concession rates.

(4) The cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates authorized under sub-sections (2) and (3) shall be estimated in the prescribed manner.

12.

Payment of minimum rates of wages.

(2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936).

13.

Fixing hours for a normal working day, etc.

13. Fixing hours for a normal working day, etc.-2*[(1)] In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may-(a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals; --------------------------------------------------------------------1.

The words and figures "or section 10" omitted by Act 30 of 1957, s. 9.

2.

S. 13 re-numbered as sub-section (1) of that section by s. 10, ibid.

209 (b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest; (c) provide for payment for work on a day of rest at a rate not less than the overtime rate.

1*[(2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed :-(a) employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented; (b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned; (c) employees whose employment is essentially intermittent; (d) employees engaged in any work which for technical reasons has to be completed before the duty is over;

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12. Payment of minimum rates of wages.- (1) Where in respect of any scheduled employment a notification under section 5 1*** is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed.

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(e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.

(3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention.]

14.

14. Overtime.- (1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher.

--------------------------------------------------------------------1.

Added by Act 30 of 1957, s. 10.

210 (2) Nothing in this Act shall prejudice the operation of the provisions of 1*[section 59 of the Factories Act, 1948 (63 of 1948) ] in any case where those provisions are applicable.

15.

Wages of worker who works for less than normal working day.

15. Wages of worker who works for less than normal working day.If an employee whose minimum rate of wages has been fixed under this Act by the day works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day: Provided, however, that he shall not be entitled to receive wages for a full normal working day-(i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work, and (ii) in such other prescribed.

cases

and

circumstances

as

may

be

16.

Wages for two or more classes of work.

16. Wages for two or more classes of work.-Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.

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Overtime.

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17.

Minimum time rate wages for piece work.

17. Minimum time rate wages for piece work.- Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than the minimum time rate.

18.

Maintenance of registers and records.

(2) Every employer shall keep exhibited, in such manner as may be prescribed, in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of outworkers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed particulars.

--------------------------------------------------------------------1.

Subs. by Act 26 of 1954, s. 4, for "section 47 of the Factories Act, 1934".

211 (3) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent.

19.

Inspectors.

19. Inspectors.- (1) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions.

(2) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed-(a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection; (b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein;

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18. Maintenance of registers and records.- (1) Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed.

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(c) require any person giving out-work and any out-workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work; 1*[(d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; and] (e) exercise such other powers as may be prescribed.

--------------------------------------------------------------------1.

Subs. by Act 30 of 1957, s. 11, for the original clause.

212 (3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

20.

Claims.

20. Claims.- (1) The appropriate Government may, by notification in the Official Gazette, appoint 2*[any Commissioner for Workmen's Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any] other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages 3*[or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14,] to employees employed or paid in that area.

(2) 4*[Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3): Provided that every such application shall six months from the date on which the minimum amount] became payable:

be presented within wages 3*[or other

Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period.

5*[(3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, --------------------------------------------------------------------1.

Ins. by Act 30 of 1957, s. 11.

2.

Subs. by s. 12, ibid., for "any Commissioner for Workmen's Compensation or".

3.

Ins. by s. 12, ibid.

4.

Subs. by s. 12, ibid., for "Where an employee is paid less than the minimum rates of wages fixed for his class of work under

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1*[(4) Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).]

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5.

this Act".

Subs. by s. 12, ibid., for the original sub-section.

213 as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this Act, direct-(i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess; (ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees,

(4) If the Authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application.

(5) Any recovered--

amount directed

to be

paid under

this section

may be

(a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority as a Magistrate, or (b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate.

(6) Every final.

direction of the Authority under this section shall be

(7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898).

21.

Single application in respect of a number of employees.

21. Single application in respect of a number of employees.- (1) 1*[Subject to such rules as may be prescribed, a single application] may be presented under section 20 on behalf or in respect --------------------------------------------------------------------1.

Subs. by Act 30 of 1957, s. 13, for "A single application".

214 of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under sub-section (3) of section 20 shall not exceed ten times the aggregate amount of such excess 1*[or ten rupees per head, as the case may be].

(2) The

Authority may

deal with

any number of separate pending

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and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.]

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applications presented under section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed, as a single application presented under sub-section (1) of this section and the provisions of that sub-section shall apply accordingly.

22.

Penalties for certain offences.

2*[22. Penalties for certain offences.- Any employer who-(a) pays to any employee less than the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this Act, or (b) contravenes any rule or order made under section 13,

Provided that in imposing any fine for an offence under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20.

22A. General provision for punishment of other offences.

22A. General provision for punishment of other offences.- Any employer who contravenes any provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by this Act, be punishable with fine which may extend to five hundred rupees.

22B. Cognizance of offences.

22B. Cognizance of offences.- (1) No Court shall take cognizance of a complaint against any person for an offence-(a) under clause (a) of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part, and the appropriate Government or an officer --------------------------------------------------------------------1.

Added by Act 30 of 1957, s. 13.

2.

Ss. 22 to 22F subs. by s. 14, ibid., for the original s. 22.

215 authorised by it in this behalf making of the complaint;

has

sanctioned

the

(b) under clause (b) of section 22 or under section 22A except on a complaint made by, or with the sanction of, an Inspector.

(2) No Court shall take cognizance of an offence-(a) under clause (a) or clause (b) of section 22, unless complaint thereof is made within one month of the grant

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shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both:

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of sanction under this section; (b) under section 22A, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.

22C. Offences by companies.

22C. Offences by companies.- (1) If the person committing offence under this Act is a company, every person who at the time offence was committed, was incharge of, and was responsible to, company for the conduct of the business of the company as well as company shall be deemed to be guilty of the offence and shall liable to be proceeded against and punished accordingly:

contained in this sub-section shall render any punishment provided in this Act if he committed without his knowledge or that he to prevent the commission of such offence.

(2) Notwithstanding anything contained 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, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.--For the purposes of this section,-(a) "company" means any body corporate and includes a firm or other association of individuals, and (b) "director" firm.

in relation to a firm means a partner in the

22D. Payment of undisbursed amounts due to employees.

22D. Payment of undisbursed amounts due to employees.- All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the 216 employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed.

22E. Protection against attachment of assets of employer with Government.

22E. Protection against attachment of assets of employer with Government.-Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government and any other amount due to such employer from that Government in respect of such contract shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the employer other than any debt or

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Provided that nothing any such person liable to proves that the offence was exercised all due diligence

any the the the be

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liability incurred by the employer towards connection with the contract aforesaid.

any employee employed in

22F. Application of Payment of Wages Act, 1936, to scheduled employments.

22F. Application of Payment of Wages Act, 1936, to scheduled employments.- (1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936). the appropriate Government may, by notification in the Official Gazette, direct that, subject to the provisions of sub-section (2), all or any of the provisions of the said Act shall with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employments as may be specified in the notification.

(2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.]

Exemption of employer from liability in certain cases.

23. Exemption of employer from liability in certain cases.- Where an employer is charged with an offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court-(a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged: Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examination by or on behalf 216A of the person whom the employer charges as the actual offender and by the prosecution.

24.

Bar of suits.

24. Bar of suits.- No Court shall entertain any suit recovery of wages in so far as the sum so claimed--

for

the

(a) forms the subject of an application under section 20 which has been presented by or on behalf of the plaintiff, or (b) has formed the subject of a direction under that section in favour of the plaintiff, or

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23.

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(c) has been adjudged in any proceeding under that section not to be due to the plaintiff, or (d) could have been section.

recovered by an application under that

25.

Contracting out.

25. Contracting out.- Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void in so far as it purports to reduce the minimum rate of wages fixed under this Act. 26.

26. Exemptions and exceptions.- (1) The appropriate Government may, subject to such conditions if any as it may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees.

(2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that 1*[subject to such conditions and] for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment.

2*[(2A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area 1*[or to any establishment or a part of any establishment in a scheduled employment], it is not necessary to fix minimum wages in respect of such employees of that class 1*[or in respect of employees in such establishment or such part of any establishment] as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the Official Gazette and subject to such conditions, if any, as it may --------------------------------------------------------------------1.

Ins. by Act 30 of 1957, s. 15.

2.

Ins. by Act 26 of 1954, s. 5.

216B think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees.]

(3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him.

Explanation.--In this sub-section a member of the employer's family shall be deemed to include his or her spouse or child or parent or brother or sister.

27.

Power of State Government to add to Schedule.

27. Power of State Government to add to Schedule.- The appropriate Government, after giving by notification in the Official Gazette not less than three months' notice of its intention so to do, may, by like

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Exemptions and exceptions.

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notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act, and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly.

28.

Power of Central Government to give directions.

28. Power of Central Government to give directions.- The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.

29.

29. Power of the Central Government to make rules.- The Central Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules1* prescribing the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the Central Advisory Board.

30.

Power of appropriate Government to make rules.

30. Power of appropriate Government to make rules.- (1) The appropriate Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Without such rules may--

prejudice to

the generality of the foregoing power,

(a) prescribe the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the committees, subcommittees, 2*** and the Advisory Board; --------------------------------------------------------------------1.

For the Minimum Wages (Central) Rules, 1950, see Gazette of India, 1950, Pt. II, Sec. 3, p. 781.

2.

The words "advisory committees, advisory sub-committees" omitted

by Act 30 of 1957, s. 16.

216C (b) prescribe the method of summoning witnesses, production of documents relevant to the subject-matter of the enquiry before the committees, sub-committees, 1*** and the Advisory Board; (c) prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates; (d) prescribe the time and conditions of payment of, and the deductions permissible from, wages; (e) provide for giving adequate publicity rates of wages fixed under this Act; (f) provide

to the

minimum

for a day of rest in every period of seven days

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Power of the Central Government to make rules.

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and for day;

the payment of remuneration in respect of such

(g) prescribe the number of hours of constitute a normal working day;

work

which

shall

(h) prescribe the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day; (i) prescribe the form of registers and maintained and the particulars to be registers and records;

records to be entered in such

(j) provide for the issue of wage books and wage slips and prescribe the manner of making and authenticating entries in wage books and wage slips; the powers of Inspectors for purposes of this

(l) regulate the scale of costs that may proceedings under section 20;

be

allowed

in

(m) prescribe the amount of court-fees payable in respect of proceedings under section 20; and (n) provide for any other matter which is to be or may be prescribed.

--------------------------------------------------------------------1.

The words "advisory committees, advisory sub-committees" omitted

by Act 30 of 1957, s. 16.

216D 30A. Rules made by Central Government to be laid before Parliament.

1*[30A. Rules made by Central Government to be laid before Parliament.- 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 Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be 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 anything previously done under that rule.]

31.

Validation of fixation of certain minimum rates of wages.

2*[31. Validation of fixation of certain minimum rates of wages.Where during the period-(a) commencing on the 1st day of April, 1952, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954); or (b) commencing on the 31st day of December, 1954, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957); or

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(k) prescribe Act;

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(c) commencing on the 31st day of December, 1959, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961),

Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under section 13.]

--------------------------------------------------------------------1.

Ins. by Act 31 of 1961, s. 3.

2.

Subs. by s. 4, ibid., for s. 31.

216E

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minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of sub-section (1) of section 3, as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages (Amendment) Act, 1957, (30 of 1957) or the Minimum Wages (Amendment) Act, 1961, (31 of 1961) as the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be called in question in any court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed:

[For IAS Prelims 2020 by BestCurrentAffairs.com] THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008 ACT NO. 33 OF 2008 [30th December, 2008.]

An Act to provide for the social security and welfare of unorganised workers and for other matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Unorganised Workers’ Social Security Act, 2008.

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.—In this Act, unless the context otherwise requires,— (a) “employer” means a person or an association of persons, who has engaged or employed an unorganised worker either directly or otherwise for remuneration; (b) “home-based worker” means a person engaged in the production of goods or services for an employer in his or her home or other premises of his or her choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs; (c) “identity card” means a card, document or certificate issued to an unorganised worker by the District Administration under sub-section (3) of section 10; (d) “National Board” means the National Social Security Board for unorganised workers constituted under sub-section (1) of section 5; (e) “notification” means a notification published in the Official Gazette; (f) “organised sector'' means an enterprise which is not an unorganised sector; (g) “prescribed” means prescribed by rules made under this Act by the Central Government or the State Government, as the case may be; (h) “registered worker” means an unorganised worker registered under sub-section (3) of section 10; (i) “Schedule” means the Schedule annexed to the Act; (j) “State Board” means the (name of the State) State Social Security Board for unorganised workers constituted under sub-section (1) of section 6; (k) “self-employed worker” means any person who is not employed by an employer, but engages himself or herself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government from time to time or holds cultivable land subject to such ceiling as may be notified by the State Government; (l) “unorganised sector” means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten;

1. 16th May, 2009, vide notification No. S.O. 1220(E), dated 14th May, 2009, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

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(2) It extends to the whole of India.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (m) “unorganised worker” means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by any of the Acts mentioned in Schedule II to this Act; and (n) “wage worker” means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the Central Government and State Government, as the case may be.

CHAPTER II SOCIAL SECURITY BENEFITS 3. Framing of scheme.—(1) The Central Government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers on matters relating to— (b) health and maternity benefits; (c) old age protection; and (d) any other benefit as may be determined by the Central Government.

(2) The schemes included in the Schedule 1 to this Act shall be deemed to be the welfare schemes under sub-section (1).

(3) The Central Government may, by notification, amend the Schedules annexed to this Act. (4) The State Government may formulate and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to— (a) provident fund; (b) employment injury benefit; (c) housing; (d) educational schemes for children; (e) skill upgradation of workers; (f) funeral assistance; and (g) old age homes.

4. Funding of Central Government Schemes.—(1) Any scheme notified by the Central Government may be— (i) wholly funded by the Central Government; or (ii) partly funded by the Central Government and partly funded by the State Government; or (iii) partly funded by the Central Government, partly funded by the State Government and partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be prescribed in the scheme by the Central Government.

(2) Every scheme notified by the Central Government shall provide for such matters that are necessary for the efficient implementation of the scheme including the matters relating to,— (i) scope of the scheme; (ii) beneficiaries of the scheme; (iii) resources of the scheme; (iv) agency or agencies that will implement the scheme; 2

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(a) life and disability cover;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (v) redressal of grievances; and (vi) any other relevant matter.

CHAPTER III NATIONAL SOCIAL SECURITY BOARD FORUNORGANISED WORKERS 5. National Social Security Board.—(1) The Central Government shall, by notification, constitute a National Board to be known as the National Social Security Board to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The National Board shall consist of the following members, namely:— (a) Union Minister for Labour and Employment-Chairperson, ex officio; (b) the Director General (Labour Welfare)-Member-Secretary, ex officio; and (c) thirty-four members to be nominated by the Central Government, out of whom— (ii) seven representing employers of unorganised sector; (iii) seven representing eminent persons from civil society; (iv) two representing members from Lok Sabha and one from Rajya Sabha; (v) five representing Central Government Ministries and Departments concerned; and (vi) five representing State Governments.

(3) The Chairperson and other members of the Board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration.

(4) The number of persons to be nominated as members from each of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the National Board shall be such as may be prescribed: Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the Minorities and Women.

(5) The term of the National Board shall be three years.

(6) The National Board shall meet at least thrice a year, at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed.

(7) The members may receive such allowances as may be prescribed for attending the meetings of the National Board.

(8) The National Board shall perform the following functions, namely:— (a) recommend to the Central Government suitable schemes for different sections of unorganised workers; (b) advise the Central Government on such matters arising out of the administration of this Act as may be referred to it; (c) monitor such social welfare schemes for unorganised workers as are administered by the Central Government; (d) review the progress of registration and issue of identity cards to the unorganised workers; (e) review the record keeping functions performed at the State level; (f) review the expenditure from the funds under various schemes; and

3

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(i) seven representing unorganised sector workers;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (g) undertake such other functions as are assigned to it by the Central Government from time to time.

CHAPTER IV STATE SOCIAL SECURITY BOARD FORUNORGANISED WORKERS 6. State Social Security Board.—(1) Every State Government shall, by notification, constitute a State Board to be known as (name of the State) State Social Security Board to exercise the powers conferred on, and to perform the functions assigned to it, under this Act. (2) The State Board shall consist of the following members, namely:— (a) Minister of Labour and Employment of the concerned State—Chairperson, ex officio; (b) the Principal Secretary or Secretary (Labour) —Member—Secretary, ex officio; and (c) twenty-eight members to be nominated by the State Government, out of whom— (ii) seven representing employers of unorganised workers; (iii) two representing members of Legislative Assembly of the concerned State; (iv) five representing eminent persons from civil society; and (v) seven representing State Government Departments concerned.

(3) The Chairperson and other members of the Board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration.

(4) The number of persons to be nominated as members from each of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the State Board shall be such as may be prescribed: Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the Minorities and Women.

(5) The term of the State Board shall be three years.

(6) The State Board shall meet atleast once in a quarter at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed.

(7) The members may receive such allowances as may be prescribed for attending the meetings of the State Board.

(8) The State Board shall perform the following functions, namely:— (a) recommend the State Government in formulating suitable schemes for different sections of the unorganised sector workers; (b) advise the State Government on such matters arising out of the administration of this Act as may be referred to it; (c) monitor such social welfare schemes for unorganised workers as are administered by the State Government; (d) review the record keeping functions performed at the District level; (e) review the progress of registration and issue of cards to unorganised sector workers; (f) review the expenditure from the funds under various schemes; and (g) undertake such other functions as are assigned to it by the State Government from time to time.

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(i) seven representing the unorganised workers;

[For IAS Prelims 2020 by BestCurrentAffairs.com] 7. Funding of State Government Schemes.—(1) Any scheme notified by the State Government may be— (i) wholly funded by the State Government; or (ii) partly funded by the State Government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be prescribed in the scheme by the State Government.

(2) The State Government may seek financial assistance from the Central Government for the schemes formulated by it.

(3) The Central Government may provide such financial assistance to the State Governments for the purpose of schemes for such period and on such terms and conditions as it may deem fit.

8. Record keeping by District Administration.—The record keeping functions for the purpose of this Act shall be performed by the District Administration:

(a) the District Panchayat in rural areas; and (b) the Urban Local Bodies in urban areas.

9. Workers facilitation centres.—The State Government may set up such Workers' facilitation centres as may be considered necessary from time to time to perform the following functions, namely:— (a) disseminate information on available social security schemes for the unorganised workers; (b) facilitate the filling, processing and forwarding of application forms for registration of unorganised workers; (c) assist unorganised worker to obtain registration from the District Administration; (d) facilitate the enrollment of the registered unorganised workers in social security schemes.

CHAPTER V REGISTRATION 10. Eligibility for registration and social security benefits.—(1) Every unorganised worker shall be eligible for registration subject to the fulfilment of the following conditions, namely:— (a) he or she shall have completed fourteen years of age; and (b) a self-declaration by him or her confirming that he or she is an unorganised worker.

(2) Every eligible unorganised worker shall make an application in the prescribed form to the District Administration for registration.

(3) Every unorganised worker shall be registered and issued an identity card by the District Administration which shall be a smart card carrying a unique identification number and shall be portable.

(4) If a scheme requires a registered unorganised worker to make a contribution, he or she shall be eligible for social security benefits under the scheme only upon payment of such contribution.

(5) Where a scheme requires the Central or State Government to make a contribution, the Central or State Government, as the case may be, shall make the contribution regularly in terms of the scheme.

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Provided that the State Government may direct that the record keeping function shall be performed by—

[For IAS Prelims 2020 by BestCurrentAffairs.com] CHAPTER VI MISCELLANEOUS 11. Power of Central Government to give directions.—The Central Government may give directions to— (i) the National Board; or (ii) the Government of a State or the State Board of that State, in respect of matters relating to the implementation of the provisions of this Act. 12. Vacancies, etc., not to invalidate proceedings.—No proceedings of the National Board or any State Board shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the National Board or, as the case may be, the State Board.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the contributions to be collected from the beneficiaries of the scheme or the employers under sub-section (1) of section 4; (b) the number of persons to be nominated, the term of office and other conditions of service of members, the procedure to be followed in the discharge of functions by, and the manner of filling vacancies of, the National Board under sub- section (4) of section 5; (c) the rules of procedure relating to the transaction of the business at the meeting of the National Board under sub-section (6) of section 5; (d) the allowances for attending the meetings of the National Board under sub-section (7) of section 5; (e) the form for making an application for registration under sub-section (2) of section 10; and (f) any other matter which is required to be, or may be, prescribed.

14. Power to make rules by State Government.—(1) The State Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the number of persons to be nominated, the term of office and other conditions of service of members, the procedure to be followed in the discharge of functions by, and the manner of filling vacancies of, the State Board under sub-section (4) of section 6; (b) the rules of procedure relating to the transaction of business at the meetings of the State Board under sub-section (6) of section 6; (c) the allowances for attending the meetings of the State Board under sub-section (7) of section 6; (d) the contributions to be collected from the beneficiaries of the scheme or the employers under sub-section (1) of section 7; (e) the form in which the application for registration shall be made under sub-section (2) of section 10; and (f) any other matter which is required to be, or may be, prescribed.

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13. Power to make rules by Central Government.—(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

[For IAS Prelims 2020 by BestCurrentAffairs.com] 15. Laying of rules.—(1) 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 Parliament, 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 if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be 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 anything previously done under that rule.

(2) Every rule made under this Act by State Government shall be laid, as soon as may be after it is notified, before the State Legislature.

17. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

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16. Saving of certain laws.—Nothing contained in this Act shall affect the operation of any corresponding law in a State providing welfare schemes which are more beneficial to the unorganised workers than those provided for them by or under this Act.

[For IAS Prelims 2020 by BestCurrentAffairs.com]

SCHEDULE I [See sections 2(i) and (3)] SOCIAL SECURITY SCHEMES FOR THE UNORGANISED WORKERS

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Name of the Scheme Indira Gandhi National Old Age Pension Scheme.

National Family Benefit Scheme.

Janani Suraksha Yojana.

Handloom Weavers' Comprehensive Welfare Scheme.

Handicraft Artisans' Comprehensive Welfare Scheme.

Pension to Master craft persons.

National Scheme for Welfare of Fishermen and Training and Extension.

Janshree Bima Yojana.

Aam Admi Bima Yojana.

Rashtriya Swasthya Bima Yojana.

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S. No.

[For IAS Prelims 2020 by BestCurrentAffairs.com] SCHEDULE II [See section 2(m)]

S. No.

The Workmen's Compensation Act, 1923 (8 of 1923).

The Industrial Disputes Act, 1947 (14 of 1947).

The Employees' State Insurance Act, 1948 (34 of 1948).

The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).

The Maternity Benefit Act, 1961 (53 of 1961).

The Payment of Gratuity Act, 1972 (39 of 1972).

For IAS Prelims 2020-21

1.

2.

3.

4.

5.

6.

Name of the Act

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Industrial Employment (Standing Order)2018 MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 16th March, 2018 G.S.R. 235(E) .– Whereas certain draft rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946 were published, as required by sub-section (1) of Section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), vide notification of the Ministry of Labour and Employment number G.S.R. 17(E), dated the 8th January, 2018, in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), for inviting objections or suggestions from the persons likely to be affected thereby on or before the expiry of a period of thirty days from the date of publication of the said notification in the Official Gazette;

And whereas the objections or suggestions received from the public on the said draft rules have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), the Central Government hereby makes the following rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946, namely:1.

(1) These rules may be called the Industrial Employment (Standing Orders) Central (Amendment)

Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2.

In the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), in Schedule, in item 1, for

the words “fixed term employment workmen in apparel manufacturing sector;”; the words “fixed term employment” shall be substituted; 3.

In the Industrial Employment (Standing Orders) Central Rules, 1946,(a) after rule 3, the following rule shall be inserted, namely:“(3A) No employer of an industrial establishment shall convert the posts of the permanent workmen existing in his industrial establishment on the date of commencement of the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018 as fixed term employment thereafter.”. (b) in rule 5, for item (6A) and the entries relating thereto, the following item and entries shall be substituted, namely:“(6A) Number of fixed term employment workmen;”; (c) in Schedule 1,(i) in paragraph 2,(A) in sub-paragraph (a), for item (3A) and the entries relating thereto, the following item and entries shall be substituted, namely:“(3A) fixed term employment workmen”; (B) for sub-paragraph (h), the following sub-paragraph shall be substituted, namely:-

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And whereas the copies of the said Gazette were made available to the public on the 8th January, 2018;

[For IAS Prelims 2020 by BestCurrentAffairs.com] ‘(h) A “fixed term employment workman” is a workman who has been engaged on the basis of a written contract of employment for a fixed period: Provided that(a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent workman; and (b) he shall be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the

(ii) in paragraph 13, for sub-paragraph (2), the following sub-paragraph shall be substituted, namely:“(2) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947),(i)

no notice of termination of employment shall be necessary in the case of temporary workman whether monthly rated, weekly rated or piece rated and probationers or badli workmen; and

(ii)

no workman employed on fixed term employment basis as a result of non-renewal of contract or employment or on the expiry of such contract period without it being renewed, shall be entitled to any notice or pay in lieu thereof, if his services are terminated:

Provided that the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the matter prescribed in paragraph 14.”; (d) (i) in Schedule 1A, in paragraph 3,(A) in sub-paragraph (a), after item (iii), the following item shall be inserted, namely:“(iiia) fixed term employment;”; (B) after sub-paragraph (d), the following sub-paragraph shall be inserted, namely:‘(da) A “fixed term employment” workman is a workman who has been engaged on the basis of a written contract of employment for a fixed period: Provided that(a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent workman;

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statute’.;

[For IAS Prelims 2020 by BestCurrentAffairs.com] (b) he shall be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute.’; (ii)

in paragraph 13, for sub-paragraph (b), the following sub-paragraph shall be substituted, namely:“(b) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of

1947),no notice of termination of employment shall be necessary in the case of temporary and badli workmen; and (ii)

no workman employed on fixed term employment basis as a result of non-renewal of contract or employment or on the expiry of such contract period without it being renewed, shall be entitled to any notice or pay in lieu thereof, if his services are terminated:

Provided that a temporary workman, who has completed three months continuous service, shall be given two weeks notice of the intention to terminate his employment if such termination is not in accordance with the terms of the contract of his employment: Provided further that when the services of a temporary workman, who has not completed three month’s continuous service, are terminated before the completion of the term of employment given to him, he shall be informed of the reasons for termination in writing and when the services of a badli workman are terminated before the return to work of the permanent incumbent or the expiry of his (badli’s) term of employment, he shall be informed of the reasons for such termination in writing.”.

Note.-

The principal rules were published in the Gazette of India vide notification number LR 11 (37), dated the 18th December, 1946 and were lastly amended by notification G.S.R. No.976(E), dated the7th October, 2016.

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(i)

[For IAS Prelims 2020 by BestCurrentAffairs.com] MATERNITY BENEFIT ACT, 1961 (No. 53 of 1961)1 [12th. December, 1961] An Act to regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits.

Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: -

(2) It extends to the whole of India 2[* * *] (3) It shall come into force on such date as may be notified in this behalf in the Official Gazette, -3

[(a) in relation to mines and to any other establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, by the Central Government, and] (b) in relation to other establishments in s State, by the State Government.

NOTES. – This Act came into force in relation to mines in the territories to which it extends on the 1st. November 1963 – Vide S.O. No. 2920, dated 5th. October, 1963, published in the Gazette of India, Part II, Sec. 3 (ii), dated 12th. October, 1963. This Act came into force in the whole of Uttar Pradesh with effect from 22nd. February 1974, vide notification No. 512 (V)-2/36-5-13 (V) 72, dated 22nd. February 1974.

2. Application of Act. -- (1) It applies in the first instance, to every establishment being a factory, mine or plantation 4[including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances]: Provided that the State Government may, with the approval of the Central Government, after giving not less than two months’ notice of its intention of so doing, by notification 1

Received the assent of the President on the 12th. December, 1961 and published in the Gazette of India, Extraordinary, dated 13th. December 1961. For Statement of Objects and Reasons see Gazette of India, Extraordinary, Part II, dated 6th. December 1960.

2

Words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, Sec. 2 and Sch.

3

Subs. by Act 52 of 1973, Sec. 2, w.e.f. 1-3-1975 – Vide notification No. S.O. 113A (E), dated 27-2-1975.

4

Subs. by Aci 52 of 1973, S.3.

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1. Short title, extend and commencement. -- (1) This Act may be called the Maternity Benefit Act, 1961.

[For IAS Prelims 2020 by BestCurrentAffairs.com] In the official on In the official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise.

(2) 5[Save as otherwise provided in 6[sections 5A and 5B] nothing contained in this Act] shall apply to any factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (84 of 1948), apply for the time being.

(a) “appropriate Government” means in relation to an establishment being a mine 7[or an establishment where persons are employed for the exhibition of equestrian, acrobatic and other performances], the Central Government and in relation to any other establishment, the State Government; (b) “child” includes a still-born child; (c) “delivery” means the birth of a child; (d) “employer” means – (i)

(ii)

(iii)

in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; in relation to an establishment which is under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; in any other case, the person who are the authority which has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person;

[8(e) “establishment” means – (i) (ii) (iii) (iv)

5

a factory; a mine; a plantation; an establishment wherein persons are employed for the exhibition of equestrian, acrobatics and other performances; or

Subs. by Aci 21 of 1972, S.2.

6

Subs. by Act 53 of 1976, sec. 2, for “section 5A”. Act 53 of 1976 came into force w.e.f. 1-5-1976 – Vide notification No. S.O. 337 (E), dated 30-4-1976.

7

Added by Act 52 of 1973, S. 4.

8

Subs. by Act 52 of 1973, S. 4.

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3. Definitions. -- In this Act, unless the context otherwise requires, --

[For IAS Prelims 2020 by BestCurrentAffairs.com] an establishment to which the provisions of this Act have been declared under sub-section (4) of section 2 to be applicable;]

(f) “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); (g) “Inspector” means an Inspector appointed under section 14; (h) “maternity benefit” means the payment refereed to in sub-section (1) of section 5; (i) “mine” means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952) (j) “miscarriage” means expulsion of the contents of a pregnant uterus at ay period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage the causing of which ins punishable under the Indian Penal Code (45 of 1860); (k) “plantation” means a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); (l) “prescribed” means prescribed by rules made under this Act; (m) “State Government” in relation to a Union territory, means the Administrator thereof; (n) “wages” means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes – (1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to; (2) incentive bonus; and (3) the money value of the concessional supply of foodgrains and other articles, but does not include – (i) (ii) (iii) (iv)

any bonus other than incentive bonus; overtime earnings and any deduction or payment made on account of fines; any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and any gratuity payable on the termination of service;

(o) “woman” means a woman employed, whether directly or through any agency, for wages in any establishment.

NOTES. – Sec 3 (f). – A factory does not include a mine subject to the operation of the Mines Act, 152, or a railway running-shed.

Sec. 3 (j) – The definition of miscarriage is similar to the definition as given in Sec. 2 (14-B) of the Employees’ State Insurance Act, 1948.

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(v)

[For IAS Prelims 2020 by BestCurrentAffairs.com] 4. Employment of, or work by, women prohibited during certain period. -- (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery of her miscarriage.

(4) The period referred to in sub-section (3) shall be – (a) at the period of one month immediately preceding the period of six weeks, before the date of her expected delivery; (b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.

5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.

Explanation. – For the purpose of this sub-section, the average daily wage means the average of the woman’s wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher.

(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery: Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.

Explanation: - For the purpose of calculating under this sub-section the days on which a woman has actually worked in the establishment, the days for which she has been laid-off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.

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(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day: Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:

NOTES. – The term “week” means a cycle of seven days including Sundays; B. Shah V. Presiding Officer, A.I.R. 1978 S. C. 12.

9

[5-A. Continuance of payment of maternity benefit in certain cases. -- Every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under Sec. 50 of that Act.] 10

[5-B. Payment of maternity benefit in certain cases. -- Every woman – (a) who is employed in a factory or other establishment to which the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), apply; (b) whose wages (excluding remuneration for overtime work) for a month exceed the amount specified in sub-clause (b) of clause (a) of section 2 of that Act; and (c) who fulfils the conditions specified in sub-section (2) of section 5, shall be entitled to the payment of maternity benefit under this Act].

6. Notice of claim for maternity benefit and payment thereof. -- (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.

9

Ins. By Act 21 of 1972, S. 3.

Ins. By Act 53 of 1976, S. 3.

10

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Provided further that where a woman, having been delivered of a child dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following the day of her delivery but if the child also dies during the said period, then for the days up to and including the day of the death of the child.

[For IAS Prelims 2020 by BestCurrentAffairs.com] (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery.

(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

NOTES. – See also Sec. 50 of the Employees’ State Insurance Act, 1948, for conditions under which a woman becomes qualified to claim maternity benefit under this Act.

7. Payment or maternity benefit in case of death of a woman. -- If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.

8. Payment of medical bonus. -- Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

9. Leave for miscarriage. -- In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage.

10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage. -- A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

11. Nursing breaks. -- Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course

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(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

[For IAS Prelims 2020 by BestCurrentAffairs.com] of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. (b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final. (c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1).

13. No deduction of wages in certain cases. -- No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of – (a) the nature of work assigned to her by virtue of the provisions contained in subsection (3) of section 4 : or (b) breaks for nursing the child allowed to her under the provisions of section 11.

14. Appointment of Inspectors. – The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to by Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their function under this Act. 15. Powers and duties of Inspectors. -- An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely: (a) enter at all reasonable times with such assistants, if any, being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where women are employed or work is given to them in an

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(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:

[For IAS Prelims 2020 by BestCurrentAffairs.com] establishment, for the purposes or examining any registers, records and notices required to be kept or exhibited by or under this Act and require their production for inspection; (b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment:

16. Inspectors to be public servants. -- Every Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

17. Power of Inspector to direct payments to be made. -- (1) Any woman claiming that maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld, may make a complaint to the inspector.

(2) The Inspector may, of his own motion or on receipt of a complaint referred to in subsection (1), make an enquiry or cause an inquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders.

(3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person, appeal to the prescribed authority.

(4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspector where no such appeal has been preferred, shall be final.

(5) Any amount payable under these sections shall be recoverable as an arrear of lane revenue.

18. Forfeiture of maternity benefit. -- If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, he shall forfeit her claim to the maternity benefit for such period.

19. Abstracts of Act and rules thereunder to be exhibited. -- An abstract of the provisions of this Act and the rules made thereunder in the language or languages of the

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Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself: (c) require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received form them under this Act; and (d) take copies of any registers and records or notices or any portions thereof.

[For IAS Prelims 2020 by BestCurrentAffairs.com] locality shall be exhibited I a conspicuous place by the employer in every part of the establishment in which women are employed.

21. Penalty for contravention of Act by employers. -- If any employer contravenes the provisions of this Act or the rules made thereunder he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall in addition recover such maternity benefit or amount as if it were a fine, and pay the same to the person entitled thereto.

22. Penalty for obstructing Inspector. -- Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance of this Act or the rules made thereunder or conceals or prevents any person from appearing before or being examined by an Inspector, shall be punishable with imprisonment which ma extend to three months, or with fine which may extend to five hundred rupees or with both.

23. Cognizance of offences. -- (1) No prosecution for an offence punishable under this Act or any rule made thereunder shall be instituted after the expiry of one year from the date on which the offence is alleged to have been committed and no such prosecution shall be instituted except by, or with the previous sanction of, the Inspector; Provided that in computing the period of one year aforesaid, the time, if any, taken for the purpose of obtaining such previous sanction shall be excluded.

(2) No court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any such offence.

NOTES. – Sections 21 to 23 deal with penalties under the Act and procedure to try offences committed under this Act. 24. Protection of action taken in good faith. -- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder.

25. Power of Central Government to give directions. -- The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution the provisions of this Act and the State Government shall comply with such directions.

26. Power to exempt establishments. -- If the appropriate Government is satisfied that having regard to an establishment or a class of establishments providing for the grant of benefit which are not less favourable than those provided in this Act, it is necessary so to

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20. Registers, etc. – Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed.

[For IAS Prelims 2020 by BestCurrentAffairs.com] do, it may, by notification in the Official Gazette, exempt subject to such conditions and restrictions, if any, as may be specified in the notifications, the establishment or class of establishments from the operation of all or any of the provisions of this Act or of any rule made thereunder.

Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefit in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter, which are more favourable to her than those to which she would be entitled under this Act. 28. Power to make rules. -- (1) The appropriate Government may, subject to the condition of previous publication and by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for – (a) the preparation and maintenance of registers, records and muster rolls; (b) the exercise of powers (including the inspection of establishments) and the performance of duties by Inspectors for the purposes of this Act; (c) the method of payment of maternity benefit and other benefits under this Act in so far as provision has not been made therefore in this Act; (d) the form of notices under section 6: (e) the nature of proof required under the provisions of this Act; (f) the duration of nursing breaks referred to in section 11; (g) acts which may constitute gross misconduct for purposes of section 12; (h) the authority to which an appeal under clause (b) of sub-section (2) of section 12 shall lie, the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof; (i) the authority to which an appeal shall lie against the decision of the Inspector under section 17; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof;

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27. Effect of laws and agreements inconsistent with this Act. -- (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act:

[For IAS Prelims 2020 by BestCurrentAffairs.com]

(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 11[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session, aforesaid,] both Houses agree in making any modification in the rule or both houses agree that the rule should not be 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 anything previously done under that rule.

29. Amendment of Act 69 of 1951. -- In section 32 of Plantation Labour Act, 1951, -(a) in sub-section (1), the letter and brackets “(a)” before the words “in the case of sickness,” the word “and” after the words “sickness allowance”, and clause (b) shall be omitted. (b) In sub-section (2), the words “or maternity” shall be omitted.

30. Repeal. -- On the application of this Act. – (i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and Maternity Benefit Act, 1929 (Bom. Act VII of 1929), as in force in that territory, shall stand repealed.

11

Subs. by Act 52 of 1973, S. 5.

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(j) the form and manner in which complaints be made to Inspectors under subsection (1) of section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be made under sub-section (2) of that section; (k) any other matter which is to be, or may be, prescribed.

[For IAS Prelims 2020 by BestCurrentAffairs.com]

REGISTERED NO. DL—(N)04/0007/2003—17

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—17

vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1

lañ 6]

ubZ fnYyh] eaxyokj] ekpZ 28] 2017@pS= 7] 1939 ¼'kd½

No. 6]

NEW DELHI, TUESDAY, MARCH 28, 2017/CHAITRA 7, 1939 (SAKA)

For IAS Prelims 2020-21

izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 28th March, 2017/Chaitra 7, 1939 (Saka) The following Act of Parliament received the assent of the President on the 27th March, 2017, and is hereby published for general information:—

THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017 NO. 6 OF 2017 [27th March, 2017.]

A n Act further to amend the Maternity Benefit Act, 1961.

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— 1. (1) This Act may be called the Maternity Benefit (Amendment) Act, 2017.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint :

Short title and commencement.

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

53 of 1961.

2. In the Maternity Benefit Act, 1961 (hereinafter referred to as the principal Act), in section 3, after clause (b), the following clause shall be inserted, namely:—

Amendment of section 3.

‘(ba) “commissioning mother” means a biological mother who uses her egg to create an embryo implanted in any other woman;’.

3. In the principal Act, in section 5,— (A) in sub-section (3) —

Amendment of section 5.

(i) for the words ‘‘twelve weeks of which not more than six weeks’’, the

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[For IAS Prelims 2020 by BestCurrentAffairs.com] 2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 1 ]

words ‘‘twenty-six weeks of which not more than eight weeks’’ shall be substituted; (ii) after sub-section (3) and before the first proviso, the following proviso shall be inserted, namely:— ‘‘Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery;’’; (iii) in the first proviso, for the words ‘‘Provided that’’, the words ‘‘Provided further that’’ shall be substituted; (iv) in the second proviso, for the words ‘‘Provided further that’’, the words ‘‘Provided also that’’ shall be substituted; ‘‘(4) A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.

(5) In case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree.’’.

Insertion of new section 11A.

4. In the principal Act, after section 11, the following section shall be inserted, namely:—

Créche facility.

‘‘11A. (1) Every establishment having fifty or more employees shall have the facility of créche within such distance as may be prescribed, either separately or along with common facilities : Provided that the employer shall allow four visits a day to the creche by the woman, which shall also include the interval for rest allowed to her.

(2) Every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act.’’.

————

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(B) after sub-section (3), the following sub-sections shall be inserted, namely:—

[For IAS Prelims 2020 by BestCurrentAffairs.com] The Environment (Protection) Act, 1986 CONTENTS CHAPTER-I Preliminary 1.

Short title, extent and commencement

2.

Definitions CHAPTER II

3.

4.

Power of Central Government to take measures to protect and improve environment Appointment of officers and their powers and functions.

5.

Power to give directions.

6.

Rules to regulate environmental pollution.

CHAPTER III Prevention, Control and Abatement of Environmental Pollution

7.

9.

Persons carrying on industry, operation, etc. not to allow emission or discharge of environmental pollutants in excess of the standards.

Persons handling hazardous substances to comply with procedural safeguard.

Furnishing of information to authorities and agencies in certain cases.

10.

Power of entry and inspection.

11.

Power to take sample and procedure to be followed in connection therewith.

12.

Environmental Laboratories.

13.

Government analysts.

14.

Reports of Government analysts.

15.

16.

Penalty for contravention of the provisions of the act and the rules, orders and directions Offences by companies.

17.

Offences by Government Departments.

8.

CHAPTER IV Miscellaneous 18.

Protection of action taken in good faith.

19.

Cognizance of offences.

20.

Information, Reports or Returns.

21.

22.

Members, Officers and Employees of the authority constituted under section 3 to be public servants Bar of Jurisdiction.

23.

Power to delegate.

24.

Effect of other laws.

25.

Power to make rules.

26.

Rules made under this act to be laid before parliament.

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Reserved Forests

[For IAS Prelims 2020 by BestCurrentAffairs.com] THE ENVIRONMENT (PROTECTION) ACT, 1986 (Central Act 29 OF 1986)

An Act to provide for the protection and improvement of environment and for matters connected therewith.

Whereas the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; And Whereas it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property; Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:CHAPTER I PRELIMINARY 1. Short title, extend and commencement - (1) This Act may be called the Environment (Protection) Act, 1986.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

2. Definitions - In this Act, unless the context otherwise requires,(a) “Environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, microorganism and property; (b) “Environmental pollutant” means any solid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) “Environmental pollution” means the presence in the environment of any environmental pollution; (d) “Handling”, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance; (e) “Hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment; (f) “Occupier”, in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance;

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[23rd May, 1986]

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“Prescribed� means prescribed by rules made under this Act.

3. Power of Central Government to take measures to protect and improve environment - (1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.

(2) In particular, and without prejudice to the generality of the provisions of subsection (1), such measures may include measures with respect to all or any of the following matters, namely:(i) co-ordination of actions by the State Governments, officers and other authorities(a) under this Act, or the rules made thereunder, or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider

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CHAPTER II GENERAL POWERS OF THE CENTRAL GOVERNMENT

(3)

necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise and powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

4. Appointment of officers and their powers and functions (1) Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designation as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit.

(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under subsection (3) of section 3 or of any other authority or officer.

5. Power to give directions - Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

Explanation - For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-

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(b)

the closure, prohibition or regulation of any industry, operation or process; or stoppage or regulation of the supply of electricity or water or any other service.

6. Rules to regulate environmental pollution - (1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:(a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.

CHAPTER III PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION 7. Persons carrying on industry operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards - No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.

8. Persons handling hazardous substances to comply with procedural safeguards - No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

9. Furnishing of information to authorities and agencies in certain cases - (1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith-

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(2)

(3)

intimate the fact of such occurrence or apprehension of such occurrence; and (b) be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed.

On receipt of information with respect to the fact or apprehension on any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as necessary to prevent or mitigate the environmental pollution.

The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.

10. Powers of entry and inspection - (1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place(a) for the purpose of performing any of the functions of the Central Government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with; (c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution.

(2) Every person carrying on any industry, operation or process of handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act.

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(4)

If any person wilfully delays or obstructs any persons empowered by the Central Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act. The provisions of the Code of Criminal Procedure, 1973, or, in relation to the State of Jammu and Kashmir, or an area in which that Code is not in force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any search or seizures under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code or as the case may be, under the corresponding provision of the said law.

11. Power to take sample and procedure to be followed in connection therewith - (1) The Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed.

(2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of subsections (3) and (4) are complied with.

(3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall(a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of the occupier of his agent or person, collect a sample for analysis; (c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person; (d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12.

(4) When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,(a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the

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12. Environmental laboratories - (1) The Central Government may, by notification in the Official Gazette,(a) establish one or more environmental laboratories; (b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act. (2) The Central Government may, by notification in the Official Gazette, make rules specifying(a) the functions of the environmental laboratory; (b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

13. Government analysts - The Central Government may by notification in the Official Gazette, appoint or recognise such persons as it thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognised under sub-section (1) of section 12.

14. Reports of government analysts - Any document purporting to be a report signed by a Government analyst may be used as evidence of the facts stated therein in any proceeding under this Act. 15. Penalty for contravention of the provisions of the act and the rules, orders and directions - (1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

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laboratory established or recognised under section 12 and such person shall inform the Government Analyst appointed or recognised under section 12 in writing, about the wilfull absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers.

16. Offences by companies - (1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained 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, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation-For the purpose of this section, (a) “company” means any body corporate and includes a firm or other association of individuals; (b) “director”, in relation to a firm, means a partner in the firm.

17. Offences by Government Departments - (1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government 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 officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

CHAPTER IV MISCELLANEOUS 18. Protection of action taken in good faith - No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in

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[For IAS Prelims 2020 by BestCurrentAffairs.com] good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.

20. Information, reports or returns - The Central Government may, in relation to its function under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so.

21. Members, officers and employees of the authority constituted under section 3 to be public servants - All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

22. Bar of jurisdiction - No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act. 23. Powers to delegate - Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notifications, such of its powers and functions under this Act [except the powers to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority.

24. Effect of other laws - (1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. (2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act.

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19. Cognizance of offences - No court shall take cognizance of any offence under this Act except on a complaint made by(a) the Central Government or any authority or officer authorised in this behalf by that Government, or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.

25. Power to make rules - (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely(a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or caused to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority of officer to whom any reports, returns, statistics, accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.

26. Rules made under this act to be laid before parliament - Every rule made under this Act shall be laid, as soon as may be after it is made, before each Hose of Parliament, 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 if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be 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 anything previously done under that rule.

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