The present legislation was enacted by the India Parliament as Central Government’s enactment with the name and title as ‘the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970’ (Act no. 51 of 1970). The sole purpose and object for which the present enactment was provided is to make provisions for extension of the Central Labour Laws to the State of Jammu and Kashmir. The Act as it was enacted in the 21st year of republic of India was assented by the President of India on 24th December, 1970. The provisions of this enactment were brought into operation or given effect on the 1st day of September, 1971 as the same date was notified, vide Notification no. G. S. R. 1213, dated 18th August, 1971, by the Central Government in the Official Gazette. There are only 6 sections and only one Schedule in which the provisions of this legislation were divided.
The first provision of the Act contains the short title and also specifies about the commencement date of the enactment, which are same as has been discussed earlier. The second section (Section 2) of the Act is very much relevant, in so far as the purpose and object of the Act is concerned. It is made clear it that provision that the Laws enumerated in the Schedule annexed with this Act including Acts and Rules, Regulations, Order, etc. made under those Acts are extended by virtue of this provision to the State of Jammu and Kashmir, and also the same laws to be having force and effect in that State. The Schedule as mentioned hereinabove is not only contains such Acts, but also there are certain amendments which here sought to be applied in relation to those Acts for bringing them into effect and force in the State of Jammu and Kashmir. The list of those enactments, found mentioned in that Schedule is given as follows:
Ø The Workmen’s Compensation Act, 1923
Ø The Children (Pledging of Labour) Act, 1933
Ø The Employers’ Liability Act, 1938
Ø The Employment of Children Act, 1938
Ø The Weekly Holidays Act, 1942
Ø The Industrial Disputes Act, 1947
Ø The Coal Mines Labour Welfare Fund Act, 1947
Ø The Minimum Wages Act, 1948
Ø The Employees’ State Insurance Act, 1948
Ø The Coal Mines Provident Fund and Bonus Schemes Act, 1948
Ø The Factories Act, 1948
Ø The Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955
Ø The Maternity Benefit Act, 1961
Ø The Payment of Bonus Act, 1965
The Act also made it clear that if in case any reference is made to any law, which is not enforce in the that State, in the said enactments which here are extended in relation to the State of Jammu and Kashmir, then such reference here to be construed with the further reference to its corresponding law having force and effect in that State. Similarly, in case any reference is made to any authority in any law which is having force in the State of Jammu and Kashmir, and such authority is now by virtue of such extended law is newly constituted for that State, then such reference to be treated as that has been made to the new authority and not to the older one.
The Section 5 is also important as it is providing for repealing of the Corresponding legislation to the laws which are now extended under this Act, having force and effect in the State of Jammu and Kashmir. However, such repeal is restricted from affecting the previous operation of any such repealing law and also any right, privilege, obligation, etc. or any penalty, forfeiture, etc. or even any investigation, legal proceeding or remedy done under those laws are protected. And it is also provided that such actions if taken under those repealing laws to be treated as have been done under the corresponding extended laws, by virtue of this Act.
The Central Government is empowered under this present Act, to provide orders after notifying in the Official Gazette, for removal of difficulties which if will arise while giving effect to the provisions of such extended laws to the State of Jammu and Kashmir. However, the said provisions of making orders by the Central Government was to have effect only for 2 years period from the date of commencement of this Act. As such those mentioned laws were extended to the territories of the State of Jammu and Kashmir, by virtue of this Act.
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