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The Industrial Disputes (Himachal Pradesh Amendment) Act, 2020

 

The Government of Himachal Pradesh vide notification no 05 of 2020 has repealed The Industrial Disputes (Himachal Pradesh Amendment) Ordinance, 2020 published on 9th July 2020 with ordinary legislation to be known as Industrial Disputes (Himachal Pradesh Amendment) Act, 2020. As per the amendment, the provision of the prohibition of strikes and lock-outs now includes non-public utility service as well along with public utility service within the provisions of the Act (b) The conditions for retrenchment compensation has been enhanced to sixty days from the earlier fifteen days average pay for every completed year of continuous service or any part thereof more than six months. Please refer to the notification for more details. 

AUTHORITATIVE ENGLISH TEXT Bill No. 5 of 2020 THE INDUSTRIAL DISPUTES (HIMACHAL PRADESH AMENDMENT) BILL, 2020 ARRANGEMENT OF CLAUSES Clauses 

: 1. Short title and commencement. 2. Amendment of section 22. 3. Amendment of section 25F. 4. Amendment of section 25K. 5. Repeal of the Himachal Pradesh Ordinance No. 4 of 2020 and savings. ________ Bill No. 5 of 2020 THE INDUSTRIAL DISPUTES (HIMACHAL PRADESH AMENDMENT) BILL, 2020 (AS INTRODUCED IN THE LEGISLATIVE ASSEMBLY) A BILL to amend the Industrial Disputes Act, 1947 (Act No. 14 of 1947) in its application to the State of Himachal Pradesh. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Seventy-first Year of the Republic of India as follows :— 1. Short title and commencement.—(1) This Act may be called the Industrial Disputes (Himachal Pradesh Amendment) Act, 2020. (2) It shall be deemed to have come into force on 9th day of July, 2020. 2. Amendment of section 22.—In section 22 of the Industrial Disputes Act, 1947 (14 of 1947) in its application to the State of Himachal Pradesh (hereinafter referred to as the “principal Act”), in sub-sections (1) and (2), after the words “public utility service”, the words “and nonpublic utility service” shall be inserted. 3. Amendment of section 25F.—In section 25F of the principal Act, in clause (b), for the words “fifteen days”, the words “sixty days” shall be substituted. 4. Amendment of section 25K.— In section 25K of the principal Act, in sub-section (1), for the words “one hundred”, the words “two hundred” shall be substituted. 5. Repeal of the Himachal Pradesh Ordinance No. 4 of 2020 and savings.—(1) The Industrial Disputes (Himachal Pradesh Amendment) Ordinance, 2020 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been validly done or taken under the corresponding provisions of this Act. _________ STATEMENT OF OBJECTS AND REASONS In the era of economic liberalisation, some of the provisions of the Industrial Disputes Act, 1947 (Act No. 14 of 1947) which is a Central legislation, have become outdated because these provisions have not been amended for the last so many years. It has been found that the outdated provisions of the Industrial Disputes Act, 1947 are impediment in attracting the private investment and are also hampering the ease of doing business in the State. In order to increase industrial investment, production and employment opportunities and further enhancement of ease of doing business in the State of Himachal Pradesh and to ensure transparency in enforcement of the Labour Laws, some amendments are necessary in the aforesaid Act. As per “Make in India” programme launched by the Government of India, one of the requirements is “Ease of doing business” in the Country. Therefore, to provide a conducive and business friendly environment to the Industrial establishments as well as to the workmen, there is an urgent need to amend some provisions of the Industrial Disputes Act, 1947. Since, the Himachal Pradesh Legislative Assembly was not in session and the amendments in the Industrial Disputes Act, 1947 in its application to the State of Himachal Pradesh had to be made urgently, therefore, the Governor of Himachal Pradesh, after obtaining the instructions from the President of India, in exercise of the powers conferred under clause (1) of article 213 of the Constitution of India, promulgated the Industrial Disputes (Himachal Pradesh Amendment) Ordinance, 2020 (Ordinance No. 4 of 2020) on 7th July, 2020 which was published in the Rajpatra (e-Gazette), Himachal Pradesh on 9th July, 2020. Now, the said Ordinance is being replaced by a regular Legislation without any modification. This Bill seeks to achieve the aforesaid objectives. 

 (BIKRAM SINGH)

 Minister-in-Charge. 

SHIMLA : THE …………….…., 2020

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