The Bombay Industrial Relations and Industrial Disputes (Gujarat Amendment) Act, 1972

1. (1) This Act may be called the Bombay Industrial Relations and Industrial Disputes (Gujarat Amendment) Act, 1972.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In section 3 of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as "the Bombay Act"), after clause (11), the following clause shall be inserted, namely :- "(11A) "Council" means a Joint Management Council for any undertaking constituted under section 53A".

After Chapter IX of the Bombay Act, the following Chapter shall be inserted, namely :- "CHAPTER IXA

1. (1) If in respect of any industry, the State Government is opinion that it is desirable in public interests to take action under this section, it may, in the case of all undertakings or any class of under- takings in such industry, in which five hundred or more employees are employed or have been employed on any day in the preceding twelve months, by general or special order, require the employer to constitute in the prescribed manner and within the prescribed time limit a Joint Ma- nagement Council, consisting of such number of members as may be prescri- bed, comprised of representatives of employers and employees engaged in the undertaking, so however that the number of representatives of employees on the Council shall not be less than the number of representatives of the emp- loyers. Notwithstanding anything contained in this Act, the representatives of the employees on the Council shall be elected in the prescribed manner by the employees engaged in the undertaking from amongst themselves : Provided that a list of industries in respect of which no order is issued under this sub-section shall be laid by the State Government before the State Legis- lature within thirty days from the commencement of its first Session of each year.
2. (2) One of the members of the Council shall be appointed as Chairman in accordance with rules made in this behalf. 63B.
3. (1) The Council shall be charged with the general duty to pro- mote and assist in the management of the undertaking in a more efficient, orderly and economical manner, and for that purpose and without pre- judice to the generality of the foregoing provision, it shall be the duty of the Council-
   • (a) to promote cordial relations between the employer and employees;
   • (b) to build up understanding and trust between them;
   • (c) to promote measures which lead to substantial increase in productivity;
   • (d) to secure better administration of welfare measures and adequate safety measures;
   • (e) to train the employees in understanding the responsibilities of management of the undertaking and in sharing such responsibilities to the extent considered feasible; and
   • (f) to do such other things as may be prescribed.
4. (2) The Council shall be consulted by the employer on all matters relating to the management of the undertaking specified in sub-section
5. (1) and it shall be the duty of the Council to advise the employer on any matter so referred to it.
6. (3) The Council shall be entrusted by the employer with such admi- nistrative functions, appearing to be connected with, or relevant to, the discharge by the Council of its duties under this section, as may be prescribed.
7. (4) It shall be the duty of the employer to furnish to the Council necessary information relating to such matters as may be prescribed for the purpose of enabling it to discharge its duties under this Act.
8. (5) The Council shall follow such procedure in the discharge of its duties as may be prescribed.". 4. Insertion of section 106B in Bom. XI of 1947 After section 106A of the Bombay Act, the following section shall be inserted, namely:- "106B. Any employer who fails to nominate his representatives to be appointed as members of the Council within the time limit speci- fied for the constitution of the Council under sub-section
9. (1) of section 53A shall, on conviction, be punishable with fine which may extend to fifty rupees and in the case of a continuing failure, with an addi- tional fine which may extend to fifty rupees for every day during which such failure continues .". 5. Amendment of section 125 of Bom. XI of 1947 In section 123 of the Bombay Act, in sub-section (Z), after olause
   • (y) the following clauses shall be inserted, namely:-- "(ya) the mnner of constituting a Council and filling of vrroanciea therein, the number of members of such Council, and the manner of electing tho reprcscntativcs of employees under sub-section
     • (I) of section 63A; (y-b) the other things whicb a Counoil may do under olause
   • (f) of sub-nection
10. (1) of section 63B; (y-G) the adminietrative funotione with which a Guncil ehall be entr-usted under sub-seotion
11. (3) of eection 63B;
    • (yd) mattera relating to which information hall be furnished to the &unoil by the employers under sub-section
12. (4) of section 53B ; (y-e) the' pmcedure to be followed by the Council in the disoharge of its datiar, under ~ub-&ion
13. (5) of hion 63B;". 6. Amendment of section 2 of Act No. XIV of 1947 , fn section 2 of the Ti~dnstrial Disputes Act., 1947 in its applioa-tion to the 8tata of Gujarnt (hereinafter roforrcd to as 'Yho central A&"), after clauaa (ee), the following olauee &a11 bo inserted, namely:- "(a) "Counoil" mean8 a Joint Management Council for any industrial elrtabhhment oonetitutd luidor section 3A ; ". 7. Insertion of section 3A in XIV of 1947 After section 3 of the Central Act, the following section shall be inserted, namely :- "3A.
14. (1) If in respect of any industry, in relation to the industrial dispute in which the appropriate Government is the State Government, the State Government is of opinion that it is desirable in public interest to take action under this section, it may, in the case of all industrial establishments or any class of industrial establishments in such industry, in which five hundred or more workmen are employed or have been employed on any day in the preceding twelve months, by general or special order, require the employer to constitute in the prescribed manner and within the prescribed time limit a Joint Management Council consisting of such number of members as may be prescribed, comprised of representatives of employers and workmen engaged in the establishment, so however that the number of representatives of workmen on the Council shall not be less than the number of representatives of the employers. The representatives of the workmen on the Council shall be elected in the prescribed manner by the workmen engaged in the establishment from amongst themselves: Provided that a list of industries in respect of which no order is issued under this sub-section shall be laid by the State Government before the State Legislature within thirty days from the commencement of its first Session of each year.
15. (2) One of the members of the Council shall be appointed as Chairman in accordance with rules made in this behalf.". 8. Insertion of section 33A in XIV of 1947 After section 3B of the Central Act, the following section shall be inserted, namely :- "33A. Any employer who fails to nominate his representatives to be appointed as members of the Council within the time limit specified for the constitution of the Council under sub-section
16. (1) of section 3A shall, on conviction, be punishable with fine which may extend to fifty rupees and in the case of a continuing failure, with an additional fine which may extend to fifty rupees for every day during which such failure continues.". 9. Amendment of section 38 of XIV of 1947 In the Bombay Act, section 9 shall be renumbered as sub-section
17. (1) of that section and in sub-section
18. (1) as so renumbered,
19. (1) for the words, "the prescribed qualifications to preside over such Courts", the words, brackets and figure "the qualifications specified in sub-section
20. (2) to preside over such Courts" shall be substituted:
21. (2) for the proviso, the following sub-section shall be substituted, namely :- "(2) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court unless,-
    • (a) he has practised as an advocate or a pleader for not less than three years in the High Court or any court subordinate thereto, or in any Labour Court, Industrial Court or Tribunal established in the State under this Act or the Industrial Disputes Act, 1947 or any law corresponding to any such Act, for the time being in force in the State; or
    • (b) he has regularly appeared as a member of a trade union for not less than seven years in proceedings before any such Labour Court, Industrial Court or Tribunal and holds a degree in law of a University established by law in any part of India, or
    • (c) he holds a degree in law of a University established by law in any part of India and has held an office not lower in rank than that of a Registrar of a Labour Court or an Industrial Court or of an Assistant Commissioner of Labour under the State Government, for not less than five years.". 1. Short title and commencement
22. (1) This Act may be called the Bombay Industrial Relations and Industrial Disputes (Gujarat Amendment) Act, 1981.
23. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 3 of Bom. XI of 1947 In the Bombay Industrial Relations Act, 1946 (hereinafter referred to as "the Bombay Act"), in section 3, in clause (13), in subclause (b), in paragraph (ii), for the words "five hundred", the words "one thousand" shall be substituted. 3. Amendment of section 9 of Bom. XI of 1947 In the Bombay Act, section 9 shall be renumbered as sub-section
24. (1) of that section and in sub-section
25. (1) as so renumbered,
26. (1) for the words, "the prescribed qualifications to preside over such Courts", the words, brackets and figure "the qualifications specified in sub-section
27. (2) to preside over such Courts" shall be substituted:
28. (2) for the proviso, the following sub-section shall be substituted, namely :- "(2) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court unless,-
    • (a) he has practised as an advocate or a pleader for not less than three years in the High Court or any court subordinate thereto, or in any Labour Court, Industrial Court or Tribunal established in the State under this Act or the Industrial Disputes Act, 1947 or any law corresponding to any such Act, for the time being in force in the State; or
    • (b) he has regularly appeared as a member of a trade union for not less than seven years in proceedings before any such Labour Court, Industrial Court or Tribunal and holds a degree in law of a University established by law in any part of India, or
    • (c) he holds a degree in law of a University established by law in any part of India and has held an office not lower in rank than that of a Registrar of a Labour Court or an Industrial Court or of an Assistant Commissioner of Labour under the State Government, for not less than five years.". 4. Amendment of section 2 of Act No. XIV of 1947 After seation 10BA of the Bombay Aot, the following section ahall Insertion be inserted, namely:- of wotion lO6B in Born. XI of 1H'L "1061. An7 employer who failm to ilominate hi8 representatives PenrIt to be appointed sa members of the Counoil within the timc limit ape~i- ~2!~~ fid for the constitution of the Council under sub-section
29. (1) of aection ,,a, ,, 63A ahall, on conviction, be punishable with fine which may extend thanoil b~ to fifty ape- and in t.he case of a continukg failure, with an addi- employern tional fine which may extend to fiRy rupeee for every day during which such failure continues .". 5. Amendment of section 7A of Act No. XIV of 1947 In the Central Act, in section 7A, in sub-section (3), after clause (r), the following clausc: shall be added, namely : - "(dj he holds a degree in law of a University established by law in any part of India and is holding or has held an ofice not lower in rank than (hat of Assistant Commissioner of Labour under, the State Govzrnmcnt for not less than ten years.".