The Bombay Industrial Relations Act, 1946

Preamble

BOMBAY ACT No. XI OF 1947¹

[THE MAHARASHTRA INDUSTRIAL RELATIONS ACT.]²

[This Act received the assent of the Governor General on 9^th April 1947; assent was first published in the Bombay Government Gazette, Part IV, Extraordinary, on the 15^th April 1947.]

An Act to regulate the relations of employers and employees, to make provision for settlement of industrial disputes and to provide for certain other purposes.

WHEREAS it is expedient to provide for the regulation of the relations of employers and employees in certain matters, to consolidate and amend the law relating to the settlement of industrial disputes and to provide for certain other purposes; It is hereby enacted as follows :-

Sections

Type to filter. 173 sections.

1. 1Short title
2. 2Extent, commencement and application
3. 3Definitions
4. 4Commissioner of Labour
5. 5Registrar, Additional Registrars and Assistant Registrars
6. 6Conciliators
7. 7Board of Conciliation
8. 8Labour Officers and Assistant Labour Officers
9. 9Labour Courts
10. 10Industrial Courts
11. 11Recognition of undertakings and occupations
12. 12Maintenance of registers and approved list
13. 13Application for registration
14. 14Registration of Union
15. 15Cancellation of registration
16. 16Registration of another union in place of existing registered union
17. 17Application for re-registration
18. 18Liability of union or members not relieved by cancellation
19. 19Periodical returns to be submitted to Registrar
20. 20Appeal to Industrial Court from order of Registrar
21. 21Publication of order
22. 22Registration of union for more than one local area
23. 23Approved list : maintenance of : conditions for being entered in
24. 23AApproved union to continue to be so for altered local area for some time
25. 23BRecognised union under C. P. and Berar XXIII of 1947 to be approved union for purposes of this Act
26. 24Removal from approved list
27. 24AAppeal to Industrial Court from order of Registrar under Chapter IV
28. 25Rights of Officers of approved unions
29. 26Legal aid to approved unions at Government expense in important proceedings
30. 27Recognition of combination of employers as association of employers
31. 27AARecognised association of employers to continue to be so for altered local areas
32. 27AAppearance on behalf of employees
33. 28Election of representatives of employees
34. 29Act or decision of majority to be deemed to be act or decision of all
35. 30Representative of employees
36. 31Registered or representative union to continue to be so for altered local area for some time
37. 32Persons who may appear in proceedings
38. 33Appearance for employee
39. 33APersons who may appear in proceeding in which there is dispute between employers and employees
40. 34Powers and duties of Labour Officer
41. 35Settlement of Standing Orders by Commissioner of Labour
42. 36Appeal to Industrial Court
43. 37Review
44. 38No alteration in standing orders for one year
45. 39Alteration in standing orders
46. 40Standing orders to be determinative
47. 40AModel standing orders in respect of additional or altered matters to apply to certain workmen, if they are not less advantageous
48. 41Act XX of 1946 not to apply to certain industries
49. 42Notice of change
50. 43Notice of change when to be deemed general notice
51. 44Agreement regarding change
52. 44ARegistration of agreements under Section 42(4)
53. 44BCertain settlements deemed to be Agreements
54. 45Agreements to come into force
55. 46Illegal change
56. 47Employer to make change etc., within certain time
57. 48Constitution of Joint Committees
58. 49Composition of Joint Committee
59. 50Proceedings of Joint Committee
60. 51Proposal for change
61. 52Special intimation for change and special application to Labour Court
62. 53Decision of respective representatives binding on union and employer
63. 54Report of dispute to be sent to Registrar, Chief Conciliator and Conciliator
64. 55Commencement of conciliation proceeding
65. 56Conciliation proceeding
66. 57Power of Chief Conciliator to intervene
67. 58Settlement and report
68. 59Reference to Board
69. 60Procedure and powers of Conciliator and Board
70. 61Reference to Industrial Court by Conciliator or Board
71. 62Time limit for stages of conciliation proceeding
72. 63Completion of conciliation proceeding
73. 64Conciliation proceedings not to be commenced or continued in certain cases
74. 65Conciliation proceeding discontinued deemed to be completed
75. 66Submission
76. 67Submission when revocable
77. 68Proceedings in arbitration
78. 69Special case to be stated to Industrial Court
79. 70Award by arbitrator
80. 71Dispute to be referred to Labour Court or Industrial Court if no arbitrator appointed
81. 72Disputes between employers and employees may be referred to by State Government to arbitration of Labour Court or Industrial Court
82. 73State Government may refer Industrial dispute to Industrial Court for arbitration
83. 73AAPower of State Government to include other undertakings in references to Labour or Industrial Court
84. 73AReference to arbitration by unions
85. 74Notice of award to parties
86. 75Date on which award shall come into operation
87. 76Completion of arbitration proceeding
88. 76AProcedure to give effect to awards affecting State Government
89. 77Territorial Jurisdiction
90. 78Powers of Labour Court
91. 79Commencement of Proceedings
92. 80Labour Court to give notice to parties affected and permit appearance of parties
93. 80AProcedure to be followed in an application under section 79 by an employer when employees affected are numerous
94. 80BWhen an employee, who is not permitted to appear may be allowed to join as party
95. 80CProcedure to be followed in an application under section 79 by employees when employees affected are numerous
96. 80DJudge of Labour Court to record minutes of proceedings, averments, etc
97. 81Reference to Industrial Court by Labour Court
98. 82Cognizance of offences
99. 83Powers and procedure of Labour Courts in trials
100. 83ALegal practitioners excluded from appearance in certain proceedings in Labour Courts
101. 83BPower of Labour Court to award costs and execution of order as to costs
102. 84Appeals
103. 85Industrial Court to exercise superintendence over Labour Courts
104. 85APower of Industrial Court to transfer proceedings
105. 86Decision, etc., of Labour Court not to be called in question
106. 86AWage Boards
107. 86BConstitution of Wage Boards
108. 86CReference to Wage Boards
109. 86CCReference to Wage Boards by certain registered unions
110. 86DProceedings not to be commenced or continued before Conciliator, Board, etc
111. 86EProcedure before Wage Boards
112. 86EEComing into operation of decision of Wage Boards
113. 86FProcedure to give effect to decision of Wage Boards affecting State Government
114. 86GAppeals
115. 86HParties on whom order or decision of Wage Boards is binding
116. 86IReview of order or decision by Wage Board
117. 86JSuperintendence by Industrial Court
118. 86KOrder or decision of Wage Board not to be called in question
119. 86KKTransfer of certain disputes to Wage Board
120. 86LState Wage Board
121. 87Duties of Industrial Court
122. 88Powers of Industrial Court
123. 89Cancellation of registration of union
124. 90Reference on point of law
125. 91Reference regarding interpretation of Act and Rules
126. 92Procedure before Industrial Court
127. 93Execution of order as to costs
128. 94Parties on whom orders of Industrial Court binding
129. 95Order of Industrial Court to be final except on review
130. 95ALaw declared by Industrial Court to be binding
131. 96Officer to appear in proceeding before Industrial Court
132. 97Illegal strikes
133. 97AStoppage of work by employees in certain circumstances illegal
134. 98Illegal lock-outs
135. 98AClosure of work by employer in certain circumstances illegal
136. 99Reference to Industrial Court for declaration whether strike, lock-out, closure or stoppage is illegal
137. 100Court of Enquiry; constitution, duties and powers of
138. 101Employer not to dismiss, reduce or punish an employee
139. 102Fine for declaring illegal lock-out or illegal closure
140. 103Fine for declaring or commencing illegal strike or illegal stoppages
141. 104Fine for instigating etc., illegal strikes, lock-outs, closures and stoppages
142. 105Penalty for disclosing confidential information
143. 106Fine for illegal change
144. 106APenalty for failure to appoint members on Joint Committee
145. 107Fine for contravention of a standing order
146. 108Fine for obstructing persons from carrying out duties
147. 109Fines for offences not provided for elsewhere
148. 110Recovery of fines, penalties and compensation
149. 111Record of industrial matters, etc
150. 112Inquiry for verification of records
151. 113Modifications in Schedules
152. 113ADismissal of certain applications for want of prosecution
153. 114Agreement, etc., on whom binding
154. 115Order or decision of Wage Board or Labour Court on whom binding
155. 115AOrder, decision or award to be in terms of agreement between employer and Representative Union
156. 116Agreement, etc., when to cease to have effect
157. 116AModification of award
158. 117Liability of the executive of a union
159. 118Powers of certain authorities to summon witnesses, etc
160. 118AOffences under section 104 cognizable
161. 118BConsequence of non-appearance of parties
162. 119Certain officers to be public servants
163. 119AContempt of Industrial Court, Labour Courts and Wage Boards relating to omission to produce documents, etc
164. 119BOther kinds of contempts of Industrial Court, Labour Courts and Wage Boards
165. 119CPower of Industrial Court, etc., to decide all connected matters
166. 119DPower of Industrial Court, etc., to pass interim orders
167. 119EProtection of action taken under this Act
168. 120Provisions of Act VII of 1929 not to be affected
169. 121Repeal of Bom. IX of 1934
170. 122Repeal of Bom. XXV of 1938
171. 122ADelegation of powers
172. 123Rules
173. 123ARepeal of C. P. and Berar XXIII of 1947

Rules made under this Act

5 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

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