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Report No. 24

Section 8A

A new provision has been added to deal with cases of vacancy or absence amongst the members of the Commission.1

Sub-clause (1).-What is proposed is that absence or vacancy shall not invalidate the proceedings. Section 7(5) of the Industrial Disputes Act, 1947 as originally inserted by the Industrial Disputes (Amendment and Temporary Provisions) Act, 1951 (40 of 1951) is more elaborate. Here a simpler provision is preferred. [That section was as follows:-

"A Tribunal, where it consists of two or more members, may act notwithstanding the casual and unforeseen absence of the Chairman or any other member; and when the Chairman or any other member rejoins his office after such absence, the proceedings may be continued before the Tribunal from the stage at which he so rejoins."]

Section 5(4), Industrial Disputes Act, 1947 has been mainly followed.

Sub-clause (2).-This is intended to deal with changes in constitution. It is considered that in such cases it should be permissible to continue the proceedings as they stand.

1. See also the body of the Report, para. 34.

Commissions of Inquiry Act, 1952 Back

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