The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 Complete Act - Bare Act

An Act to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state their rights, and obligations; to confer certain powers on unrecognised unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs; lo define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions and for enforcing the provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid.

WHEREAS, by Government Resolution, Industries and Labour Department, No. IDA. 1367-LAB-Il, dated the 14th February 1968, the Government of Maharashtra appointed a Committee called "the Committee on Unfair Labour Practices" for defining certain activities of employers and workers and their organisations which should be treated as unfair labour practices and for suggesting action which should be taken against employers or workers, or their organisations, for engaging in such unfair labour practices;

AND WHEREAS, after taking into consideration the report of the Commit tee Government is of opinion that it is expedient to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer certain powers on unrecognised unions; to provide for declaring certain strikes and lock outs as illegal strikes and lock-outs; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions and for enforcing provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid; It is hereby enacted in the Twenty-second Year of the Republic of India as follows:

This Act may be called the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

(1) This Act extends to the whole of the State of Maharashtra.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provisions of this Act.

(3) Except as otherwise hereinafter provided, this Act shall apply to the industries to which the Bombay Industrial Relations Act, 1946, Bom. Xl of 1947, for the time being applies, and also to any industry as defined in clause (j) of section 2 of the Industrial Disputes Act, 1947, XIV of 1 947, and the State Government in relation to any industrial dispute concerning such industry is the appropriate Government under that Act;

Provided that, the State Government may, by notification in the Official Gazette, direct that the provisions of this Act shall cease to apply to any such industry from such date as may be specified in the notification; and from that date, the provisions of this Act shall cease to apply to that industry and, thereupon, section 7 of the Bombay General Clauses Act, 1904, Bom. I of 1904, shall apply to such cessor, as if this Act has been repealed in relation to such industry by a Maharashtra Act.

ln this Act, unless the context requires otherwise, -

(1) ˜Bombay Act' means the Bombay Industrial Relations Act, 1946, Born. Xl of 1947;

(2) "Central Act" means the Industrial Disputes Act, 1947, XIV of 1947;

(3) "concern" means any premises including the precincts thereof where any industry to which the Central Act applies is carried on;

(4) "Court" for the purposes of Chapters VI and VII means the Industrial Court, or as the case may be, the Labour Court;

1[(5) "employee, in relation to an industry to which the Bombay Act for the time being applies, means an employee as defined in clause (13) of section 3 of the Bombay Act, and in any other case, means a workman as defined in clause (s) of Section 2 of the Central Act, and a sales promotion employee as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976];

(6) "employer" in relation to an industry to which the Bombay Act applies, means an employer as defined in clause (14) of section 3 of the Bombay Act; and in any other case, means an employer as defined in clause (g) of section 2 of the Central Act;

(7) "Industry" in relation to an industry to which the Bombay Act applies means an industry as defined in clause (19) of section 3 of the Bombay Act, and in any other case, means an industry as defined in clause (j) of section 2 of the Central Act;

(8) "Industrial Court" means an Industrial Court constituted under section 4;

(9) "Investigating Officer" means an officer appointed under section 8;

(10) "Labour Court" means a Labour Court constituted under section 6;

(11) member means a person who is an ordinary member of a union, and has paid a subscription to the union of not less than 50 paise per calendar month:

Provided that, no person shall at any time be deemed to be a member, if his subscription is in arrears for a period of more than three calendar months during the period of six months immediately preceding such time, and the expression "membership shall be construed, accordingly.

Explanation:-A subscription for a particular calendar month shall, for the purpose of this clause, be deemed to be in arrears, if such subscription is not paid within three months after the end of the calendar month in respect of which it is due;

(12) "order" means an order of the Industrial or Labour Court;

(13) "recognised union" means a union which has been issued a certificate of recognition under Chapter III;

(14) "Schedule" means a Schedule to this Act;

(15) "undertaking" for the purposes of Chapter It, means any concern in industry to be one undertaking for the purpose of that Chapter:

Provided that, the State Government may notify a group of concerns owned by the same employer in any industry to be one undertaking for the purpose of that Chapter;

(16) "unfair labour practices" means unfair labour practices as defined in section 26;

(17) "union" means a trade union of employees, which is registered under the Trade Unions Act, 1926;

1[(18) words and expressions used in this Act and not defined therein, but defined in the Bombay Act or, as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976, (11 of 1976) shall in relation to an industry to which the provisions of the Bombay Act apply, have the meanings assigned to them by the Bombay Act or, as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976; and in any other case, shall have the meanings assigned to them by the Central Act or, as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976.]

CHAPTER II-AUTHORITIES UNDER THIS ACT

(1) The State Government shall by notification in the Official Gazette, constitute an Industrial Court.

(2) The Industrial Court shall consist of not less than three members, one of whom shall be the President.

(3) Every member of the Industrial Court shall be a person who is not connected with the complaint referred to that Court, or with any industry directly affected by such complaint:

Provided that, every member shall be deemed to be connected with a complaint or with an industry by reason of his having shares in a company which is connected with, or likely to be affected by, such complaint, unless he discloses to the State Government the nature and extent of the shares held by him in such company and in the opinion of the State Government recorded in writing, such member is not connected with the complaint, or the industry.

(4) Every member of the Industrial Court shall be a person who is or has been a Judge of a High Court or is eligible for being appointed a Judge of such Court:

Provided that, one member may be a person who is not so eligible, if he possesses in the opinion of the State Government expert knowledge of labour or industrial matters.

It shall be the duty of the Industrial Court-

(a) to decide an application by a union for grant of recognition to it;

(b) to decide an application by a union for grant of recognition to it in label of a union which has already been recognised under this Act;

(c) to decide an application from another union or an employer for withdrawal or cancellation of the recognition of a union;

(d) to decide complaints relating to unfair labour practices except unfair labour practices falling in item 1 of Schedule IV;

(e) to assign work, and to give directions, to the Investigating Officers in matters of verification of membership of unions, and investigation of complaints relating to unfair labour practices;

(f) to decide references made to it on any point of law either by any civil or criminal court; and

(g) to decide appeals under section 42.

The State Government shall, by notification in the Official Gazette, constitute one or more Labour Courts, having jurisdiction in such local areas, as may be specified in such notification, and shall appoint persons having the prescribed qualifications to preside over such Courts:

Provided that, no person shall be so appointed, unless he possesses qualifications (other than the qualification of age), prescribed under Article 234 of the Constitution for being eligible to enter the judicial service of the State of Maharashtra; and is not more than sixty years of age.

It shall be the duty of the Labour Court to decide complaints relating to unfair labour practices described in Item 1 of Schedule IV and to try offences punishable under this Act.

The State Government may, by notification in the Official Gazette, appoint such number of Investigating Officers for any area as it may consider necessary, to assist the Industrial Courts and Labour Courts in the discharge of their duties.

(1) The Investigating Officer shall be under the control of the Industrial Court, and shall exercise powers and perform duties imposed on him by the Industrial Court.

(2) It shall be the duty of an Investigating Officer to assist the Industrial Court in matters of verification of membership of unions, and assist the Industrial and Labour Courts for investigating into complaints relating to unfair labour practices.

(3) It shall also be the duty of an Investigating Officer to report to the Industrial Court, or as the case may be, the Labour Court the existence of any unfair labour practices in any industry or undertaking, and the name and address of the persons said to be engaged in unfair labour practices and any other information which the Investigating Officer may deem fit to report to the Industrial Court, or as the case may be, the Labour Court.

CHAPTER III-RECOGNITION OF UNIONS

(1) Subject to the provisions of sub-sections (2) and (3), the provisions of this Chapter shall apply to every undertaking, wherein fifty or more employees are employed, or were employed on any day of the preceding twelve months;

Provided that, the State Government may, after giving not less than sixty days' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Chapter to any undertaking, employing such number of employees less than fifty as may be specified in the notification.

(2) The provisions of this Chapter shall not apply to undertakings in industries to which the provisions of the Bombay Act for the time being apply.

(3) If the number of employees employed in any undertaking to which the provisions of this Chapter apply at any time falls below fifty continuously for a period of one year, those provisions shall cease to apply to such undertaking.

(1) Any union (hereinafter referred to as the applicant-union) which has for the whole of the period of six calendar months immediately preceding the calendar month in which it so applies under this section a membership of not less than thirty per cent of the total number of employees employed in any undertaking may apply in the prescribed form to the Industrial Court for being registered as a recognised union for such undertaking.

(2) Every such application shall be disposed of by the Industrial Court as far as possible within three months from the date of receipt of the application, where a group of concerns in any industry which is notified to be one undertaking for which recognition is applied for is situated in the same local area; and in any other case, within four months.

Explanation:-'Local area' for the purposes of this sub-section means the area which the State Government may, by notification in the Official Gazette, specify in the notification.

(1) On receipt of an application from a union for recognition under section 11 and on payment of the prescribed fees, not exceeding rupees five the Industrial Court shall, if it finds the application on a preliminary scrutiny to be in order, cause notice to be displayed on the notice board of the undertaking, declaring its intention to consider the said application on the date specified in the notice, and calling upon the other union or unions, if any, having membership of employees in that undertaking and the employers and employees affected by the proposal to show cause, within a prescribed time, as to why recognition should not be granted to the applicant-union.

(2) If, after considering the objections, if any, that may be received under sub-section (1) from any other union (hereinafter referred to as "other union") or employers or employees, if any, and if after holding such enquiry in the matter as it deems fit, the Industrial Court comes to the conclusion that the conditions requisite for registration specified in section 11 are satisfied, and the applicant-union also complies with the conditions specified in section 19 of this Act, the Industrial Court shall, subject to the provisions of this section, grant recognition to the applicant-union under this Act, and issue a certificate of such recognition in such form as may be prescribed.

(3) If the Industrial Court comes to the conclusion, that any of the other unions has the largest membership of employees employed in the undertaking, and the said other union has notified to the Industrial Court its claim to be registered as a recognised union for such undertaking, and if it satisfies the conditions requisite for recognition specified in section 11, and also complies with the conditions specified in section 19 of this Act, the Industrial Court shall, subject to the provisions of this section, grant such recognition to the other union, and issue a certificate of such recognition in such form as may be prescribed.

Explanation:-For the purpose of this sub-section, the other union shall be deemed to have applied for recognition in the same calendar month as the applicant-union.

(4) There shall not, at any time, be more than one recognised union in respect of the same undertaking.

(5) The Industrial Court shall not recognise any union, if it is satisfied that the application for its recognition is not made bona fide in the interest of the employees, but is made in the interest of the employer, to the prejudice of the interest of the employees.

(6) The Industrial Court shall not recognise any union, if, at any time, within six months immediately preceding the date of the application for recognition, the union has instigated, aided or assisted the commencement or continuation of the strike which is deemed to be illegal under this Act.

(1) The Industrial Court shall cancel the recognition of a union if after giving notice to such union to show cause why its recognition should not be cancelled, and after holding an inquiry, it is satisfied,

(i) that it was recognised under mistake, misrepresentation or fraud; or

(ii) that the membership of the union has, for a continuous period of six calendar months, fallen below the minimum required under section 11 for its recognition:

Provided that, where a strike (not being an illegal strike under the Central Act) has extended to a period exceeding fourteen days in any calendar month, such month shall be excluded in computing the said period of six months:

Provided further that, the recognition of a union shall not be cancelled under the provisions of this sub-clause, unless its membership for the calendar month in which show cause notice under this section was issued was less than such minimum; or

(iii) that the recognised union has, after its recognition, failed to observe any of the conditions specified in section 19; or

(iv) that the recognised union is not being conducted bona fide in the interest of employees, but in the interests of employer to the prejudice of the interest of employees; or

(v) that it has instigated, aided, or assisted the commencement or continuation of a strike which is deemed to be illegal under this Act; or

(vi) that its registration under the Trade Unions Act, 1926, XVI of 1926 is cancelled; or

(vii) that another union has been recognised in place of a union recognised under this Chapter.

(2) The Industrial Court may cancel the recognition of a union if, after giving notice to such union to show cause why its recognition should not be cancelled, and after holding an inquiry, it is satisfied, that it has committed any practice which is, or has been declared as, an unfair labour practice under this Act:

Provided that, if having regard to the circumstances in which such practice has been committed, the Industrial Court is of opinion, that instead of cancellation of the recognition of the union, it may suspend all or any of its rights under sub-section (1) of section 20 or under section 23, the Industrial Court may pass an order accordingly, and specify the period for which such suspension may remain in force.

(1) If any union makes an application to the Industrial Court for being registered as a recognised union in place of a recognised union already registered as such (hereinafter in this section referred to as the "recognised union" for an undertaking, on the ground that it has the largest membership of employees employed in such undertaking, the Industrial Court shall, if a period of two years has elapsed since the date of registration of the recognised union, call upon the recognised union by a notice in writing to show cause, within thirty days of the receipt of such notice, as to why the union now applying should not be recognised in its place. An application made under this sub-section shall be accompanied by such fee not exceeding rupees five as may be prescribed.

Provided that, the Industrial Court may not entertain any application for registration of a union, unless a period of one year has elapsed since the date of disposal of the previous application of that union.

(2) If, on the expiry of the period of notice under sub-section (1), the Industrial Court finds, on preliminary scrutiny, that the application made is in order, it shall cause notice to be displayed on the notice board of the undertaking, declaring its intention to consider the said application on the date specified in the notice, and calling upon other union or unions, if any, having membership of employees in that undertaking, employer, and employees affected by the proposal to show cause within a prescribed time as to why recognition should not be granted.

(3) If, after considering the objections, if any, that may be received under sub-section (2) and if, after holding such enquiry as it deems fit (which may include recording of evidence of witnesses and hearing of parties), the Industrial Court comes to the conclusion that the union applying complies with the conditions necessary for recognition specified in section 11 and that its membership was, during the whole of the period of six calendar months immediately preceding the calendar month, in which it made the application under this section, larger than the membership of the recognised union, then the Industrial Court shall, subject to the provisions of section 12 and this section, recognise the union applying in place of the recognised union, and issue a certificate of recognition in such form as may be prescribed.

(4) If the Industrial Court comes to the conclusion that any of the other unions has the largest membership of employees employed in the undertaking, and such other union has notified to the Industrial Court its claim to be registered as a recognised union for such undertaking, and if, such other union satisfies the conditions requisite for recognition under section 11 and complies with the conditions specified in section 19 of this Act, the Industrial Court shall grant such recognition to such other union, and issue a certificate of such recognition in such form as may be prescribed.

Explanation:-For the purpose of this sub-section, the other union shall be deemed to have applied for recognition in the same calendar month as the applicant-union.

(5) Every application under this section shall be disposed of by the Industrial Court as far as possible, within three months, from the date of receipt of the application, where a group of concerns in any industry which is notified to be one undertaking for which recognition is applied for is situated in same local area; and in any other case, within four months.

Explanation:-"local area" for the purposes of this sub- section means the area which the State Government may, by notification in the Official Gazette, specify in such notification.

(1) Any union the recognition of which has been cancelled on the ground that it was recognised under a mistake or on the ground specified in clause (ii) of section 13, may, at any time after three months from the date of such cancellation, and on payment of such fees as may be prescribed apply again to the Industrial Court for recognition; and thereupon the provisions of sections 11 and 12 shall apply in respect of such application as they apply in relation to an application under section 11.

(2) A union, the recognition of which has been cancelled on any other ground, shall not, save with the permission of the Industrial Court, be entitled to ˜apply for re-recognition within a period of one year from the date of such cancellation.

Notwithstanding anything contained in any law for the time being in force, the cancellation of the recognition of a union shall not relieve the union or any member thereof from any penalty or liability incurred under this Act prior to such cancellation.

Every order passed under sections 12, 13, 14 or 15 shall be final, and shall be caused to be published by the Industrial Court in the prescribed manner.

Subject to the foregoing provisions of this Chapter, a union may be recognised for more than one undertaking.

CHAPTER IV-OBLIGATION AND RIGHTS OF RECOGNISED UNIONS, OTHER

UNIONS AND CERTAIN EMPLOYEES

The rules of a union seeking recognition under this Act shall provide for the following matters, and the provisions thereof shall be duly observed by the union, namely:

(i) the membership subscription shall be not less than fifty paise per month;

(ii) the Executive Committee shall meet at intervals of not more than three months;

(iii) all resolutions passed, whether by the Executive Committee or the general body of the union, shall be recorded in a minute book kept for the purpose;

(iv) an auditor appointed by the State Government may audit its account at least once in each financial year.

(1) Such officers, members of the office staff and members of a recognised union as may be authorised by or under rules made in this behalf by the State Government shall, in such manner and subject to such conditions as may be prescribed, have a right,-

(a) to collect sums payable by members to the union on the premises, where wages are paid to them;

(b) to put up or cause to be put up a. notice board on the premises of the undertaking in which its members are employed and affix or cause to be affixed notices thereon;

(c) for the purpose of the prevention or settlement of an industrial dispute,

(i) to hold discussions on the premises of the undertaking with the employees concerned, who are the members of the union but so as not to interfere with the due working of the undertaking;

(ii) to meet and discuss, with an employer or any person appointed by him in that behalf, the grievances of employees employed in his undertaking;

(iii) to inspect, if necessary, in an undertaking any place where any employee of the undertaking is employed;

(d) to appear on behalf of any employee or employees in any domestic or departmental inquiry held by the employer.

(2) Where there is a recognised union for any undertaking, -

(a) that union alone shall have the right to appoint its nominees to represent workmen on the Works Committee constituted under section 3 of the Central Act;

(b) no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the Central Act (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration), except through the recognised union; and the decision arrived at, or order made, in such proceeding shall be binding on all the employees in such undertaking; and accordingly, the provisions of the Central Act, that is to say, the Industrial Disputes Act, 1947, XIV of 1947, shall stand amended in the manner and to the extent specified in Schedule I.

(1) No employee in an undertaking to which the provisions of the Central Act for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceedings relating to unfair labour practices specified in items 2 and 6 of Schedule IV of this Act except through the recognised union:

Provided that, where there is no recognised union to appear, the employee may himself appear or act in any proceeding relating to any such unfair labour practices.

(2) Notwithstanding anything contained in the Bombay Act, no employee in any industry to which the provisions of the Bombay Act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of Schedule IV of this Act except through the representative of employees entitled to appear under section 30 of the Bombay Act.

Such officers, members of the office staff and members of any union (other than a recognised union) as may be authorised by or under the rules made in this behalf by the State Government shall, in such manner and subject to such conditions as may be prescribed, have a right

(i) to meet and discuss with an employer or any person appointed by him in that behalf, the grievances of any individual member relating to his discharge, removal, retrenchment, termination of service and suspension;

(ii) to appear on behalf of any of its members employed in the undertaking in any domestic or departmental inquiry held by the employer.

Not more than two members of a recognised union duly authorised by it in writing who appear or act on its behalf in any proceeding under the Central Act or the Bombay Act or under this Act shall be deemed to be on duty on the days on which such proceedings actually take place, and accordingly, such member or members shall, on production of a certificate from the authority or the court before which he or they appeared or acted to the effect that he or they so appeared or acted on the days specified in the certificate, be entitled to be paid by his or their employer his or their salary and allowances which would have been payable for those days as if he or they had attended duty on those days.

Explanation.-For the purpose of this section recognised union includes a representative union under the Bombay Act.

CHAPTER V-ILLEGAL STRIKES AND LOCK-OUTS

In this Act, unless the context requires otherwise, -

(1) "illegal strike" means a strike which is commenced or continued -

(a) without giving to the employer notice of strike in the prescribed form, or within fourteen days of the giving of such notice;

(b) where there is a recognised union, without obtaining the vote of the majority of the members of the union, in favour of the strike before the notice of the strike is given;

(c) during the pendency of conciliation proceeding under the Bombay Act or the Central Act and seven days after the conclusion of such proceeding in respect of matters covered by the notice of strike;

(d) where submission in respect of any of the matters covered by the notice of strike is registered under section 66 of the Bombay Act, before such submission, is lawfully revoked;

(e) where an industrial dispute in respect of any of the matters covered by the notice of strike has been referred to the arbitration of a Labour Court or the Industrial Court voluntarily under sub-section (6) of section 58 or section 71 of the Bombay Act, during the arbitration proceedings or before the date on which the arbitration proceedings are completed or the date on which the award of the arbitrator comes into operation, whichever is later;

(f) during the pendency of arbitration proceedings before an arbitrator under the Central Act and before the date on which the arbitration proceedings are concluded, if such proceedings are in respect of any of the matters covered by the notice of strike;

(g) in cases where an industrial dispute has been referred to the arbitration of a Labour Court or the Industrial Court under sections 72, 73 or 73-A of the Bombay Act, during such arbitration proceedings or before the date on which the proceeding is completed or the date on which the award of the Court comes into operation, whichever is later, if such proceedings are in respect of any of the matters covered by the notice of strike;

(h) in cases where an industrial dispute has been referred to the adjudication of the Industrial Tribunal or Labour Court under the Central Act, during the pendency of such proceeding before such authority and before the conclusion of such proceeding, such proceeding is in respect of any of the matters covered by notice of strike(

Provided that, nothing in clauses (g) and (h) shall apply to any strike, where the union has offered in writing to submit the industrial dispute to arbitration under sub-section (6) of section 58 of the Bombay Act or section 10-A of the Central Act, and

(I) the employer does not accept the offer; or

(ii) the employer accepts the offer but disagreeing on the choice of the arbitrator, does not agree to submit the dispute to arbitration without naming an arbitrator as provided in the Bombay Act, and thereafter, the dispute has been referred for arbitration of the Industrial Court under section 73-A of the Bombay Act, or where the Central Act applies, while disagreeing on the choice of the arbitrator, the employer does not agree to submit the dispute to arbitration of the arbitrator recommended by the State Government in this behalf, and thereafter, the dispute has been referred for t of the Industrial Tribunal or the Labour Court, as the case may be, under the Central Act; or

(i) during any period in which any settlement or award is in operation, in respect of any of the matters covered by the settlement or award;

(2) "illegal lock-out" means a lock-out which is commenced or continued-

(a) without giving to the employees, a notice of lock-out in the prescribed form or within fourteen days of the giving of such notice;

(b) during the pendency of conciliation proceeding under the Bombay Act or the Central Act and seven days after the conclusion of such proceeding in respect of any of the matters covered by the notice of lock-out;

(c) during the period when a submission in respect of any of the matters covered by the notice of lock-out is registered under section 66 of the Bombay Act, before such submission is lawfully revoked;

(d) where an industrial dispute in respect of matter covered by the notice of lock-out has been referred to the arbitration of a Labour Court or the Industrial Court voluntarily under sub-section (6) of section 58 or section 71 of the Bombay Act, during the arbitration proceeding or before the date on which the arbitration proceeding is completed or the date on which the award of the arbitrator comes into operation, whichever is later;

(e) during the pendency of arbitration proceedings before an arbitrator under the Central Act and before the date on which the arbitration proceedings are concluded, if such proceedings are in respect of any of the matters covered by the notice of lock-out;

(f) in cases where an industrial dispute has been referred to the arbitration of a Labour Court or the Industrial Court compulsorily under sections 72, 73 or 73-A of the Bombay Act, during such arbitration proceeding or before the date on which the proceeding is completed, or the date on which the award of the Court comes into operation, whichever is later, if such proceedings are in respect of any of the matters covered by the notice of lock-out; or

(g) in cases where an industrial dispute has been referred to the adjudication of the Industrial Tribunal or Labour Court under the Central Act, during the pendency of such proceeding before such authority before the conclusion of such proceeding, if such proceeding is in respect of any of the matters covered by the notice of, lock-out:

Provided that, nothing in clauses (f) and (g) shall apply to any lock-out where the employer has offered in writing to submit the industrial dispute to arbitration under sub-section (6) of section 58 of the Bombay Act, or section 10-A of the Central Act; and

(i) the union does not accept the offer;

(ii) the union accepts the offer, but disagreeing on the choice of the, arbitrator, does not agree to submit the dispute to arbitration without naming an arbitrator as provided in the Bombay Act, and thereafter, the dispute has been referred for arbitration of the Industrial Court under section 73-A of the Bombay Act; or where the Central Act applies, while disagreeing on the choice of the arbitrator the union does not agree to submit the dispute to arbitration of the arbitrator recommended by the State Government in his behalf and thereafter, the dispute has been referred for adjudication of the Industrial Tribunal or the Labour Court, as the case may be, under the Central Act;

(h) during any period in which any settlement or award is in operation, in respect of any of the matters covered by the settlement or award.

(1) Where the employees in any undertaking have proposed to go on strike or have commenced a strike, the State Government or the employer of the undertaking may make a reference to the Labour Court for a declaration that such strike is illegal.

(2) Where the employer of any undertaking has proposed a lock-out or has commenced a lock-out, the State Government or the recognised union or, where there is no recognised union, any other union of the employees in the undertaking may make a reference to the Labour Court for a declaration whether such lock-out will be illegal.

Explanation.-For the purposes of this section, recognised union includes a representative union under the Bombay Act.

(3) No declaration shall be made under this section, save in the open Court.

(4) The declaration made under this section, shall be recognised as binding, and shall be followed in all proceeding under this Act.

(5) Where any strike or lock-out declared to be illegal under this section is withdrawn within forty-eight hours of such declaration, such strike or lock-out shall not, for the purposes of this Act, be deemed to be illegal under this Act.

CHAPTER VI-UNFAIR LABOUR PRACTICES

In this Act, unless the context requires otherwise, ˜unfair labour practices' mean any of the practices listed in Schedules II, Ill and IV.

No employer or union and no employees shall engage in any unfair labour practice.

(1) Where any person has engaged in or is engaging in any unfair labour practice, then any union or any employee or any employer or any Investigating Officer may, within ninety days of the occurrence of such unfair labour practice, file a complaint before the Court competent to deal with such complaint either under section 5, or as the case may be, under section 7, of this Act:

Provided that, the Court may entertain a complaint after the period of ninety days from the date of the alleged occurrence, if good and sufficient reasons are shown by the complainant for the late filing of the complaint.

(2) The Court shall take a decision on every such complaint as far as possible within a period of six months from the date of receipt of the complaint.

(3) On receipt of a complaint under sub-section (1), the Court may, if it so considers necessary, first cause an investigation into the said complaint to be made by the Investigating Officer, and direct that a report in the matter may be submitted by him to the Court, within the period specified in the direction.

(4) While investigating into any such complaint, the Investigating Officer may visit the undertaking, where the practice alleged is said to have occurred, and make such enquiries as he considers necessary. He may also make efforts to promote settlement of the complaint.

(5) The Investigating Officer shall, after investigating into the complaint under sub-section (4) submit his report to the Court, within the time specified by it, setting out the full facts and circumstances of the case, and the efforts made by him in settling the complaint. The Court shall, on demand and on payment of such fee as may be prescribed by rules, supply a copy of the report to the complainant and the person complained against.

(6) If, on receipt of the report of the Investigating Officer, the Court finds that the complaint has not been settled satisfactorily, and that facts and circumstances of the case require, that the matter should be further considered by it, the Court shall proceed to consider it, and give its decision.

(7) The decision of the Court, which shall be in writing, shall be in the form of an order. The order of the Court shall be final and shall not be called in question in any civil or criminal court.

(8) The Court shall cause its order to be published in such manner as may be prescribed. The order of the Court shall become enforceable from the date specified in the order.

(9) The Court shall forward a copy of its order to the State Government and such officers of the State Government as may be prescribed.

An order of the Court shall be binding on-

(a) all parties to the complaint;

(b) all parties who were summoned to appear as parties to the com plaint, whether they appear or not, unless the Court is of opinion that they were improperly made parties;

(c) in the case of an employer who is a party to the complaint before such Court in respect of the undertaking to which the complaint relates, his heirs, successors or assigns in respect of the undertaking to which the complaint relates; and

(d) where the party referred to in clause (a) or clause (b) is composed of employees, all persons, who, on the date of the complaint, are employed in the undertaking to which the complaint relates and all persons who may be subsequently employed in the undertaking.

CHAPTER VII-POWERS OF COURTS

(1) Where a Court decides that any person named in the complaint has engaged in, or is engaging in, any unfair labour practice, it may in its order -

(a) declare that an unfair labour practice has been engaged in or is being engaged in by that person, and specify any other person who has engaged in, or is engaging in the unfair labour practice;

(b) direct all such persons to cease and desist from such unfair labour practice, and take such affirmative action (including payment of reasonable compensation to the employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without backwages, or the payment of reasonable compensation), as may in the opinion of the Court be necessary to effectuate the policy of the Act;

(c) where a recognised union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be cancelled or that all or any of its rights under sub-section (1) of section 20 or its right under section 23 shall be suspended.

(2) In any proceeding before it under this Act, the Court, may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions to the person to withdraw temporarily the practice complained of, which is an issue in such proceeding), pending final decision:

Provided that, the Court may, on an application in that behalf, review any interim order passed by it.

(3) For the purpose of holding an enquiry or proceeding under this Act, the Court shall have the same powers as are vested in Courts in respect of-

(a) proof of facts by affidavit;

(b) summoning and enforcing the attendance of any person, and examining him on oath;

(c) compelling the production of documents; and

(d) issuing commissions for the examination of witnesses.

(4) The Court shall also have powers to call upon any of the parties to proceeding before it to furnish in writing, and in such forms as it may think proper, any information, which is considered relevant for the purpose of any proceedings before it, and the party so called upon shall thereupon furnish the information to the best of its knowledge and belief, and if so required by the Court to do so, verify the same in such manner as may be prescribed.

(1) Where in any proceeding before the Court, if either party, inspite of notice of hearing having been duly served on it, does riot appear, when the matter is called on for hearing the Court may either adjourn the hearing of the matter to a subsequent day, or proceed ex parte, and make such order as it thinks it.

(2) Where any order is made ex parte under sub-section (1), the aggrieved party may, within thirty days of the receipt of the copy thereof, make an application to the Court to set aside such order. if the Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the order so made, and shall appoint a date for proceeding with the matter

Provided that, no order shall be set aside on any such application as aforesaid, unless notice thereof has been served on the opposite party.

Notwithstanding anything contained in this Act, the Court shall have the power to decide all matters arising out of any application or a complaint referred to it for the decision under any of the provisions of this Act.

(1) The Industrial Court may make regulations consistent with the provisions of this Act and rules made there under regulating its procedure.

(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for the formation of Benches consisting of one or more of its members (including provision of formation of a Full Bench consisting of three or more members) and the exercise by such Bench of the jurisdiction and powers vested in them:

Provided that, no Bench shall consist only of a member, who has not been, and at the time of his appointment, was not eligible for appointment as a Judge of a High Court.

(3) Every regulation made under this section shall be published in the Official Gazette.

(4) Every proceeding before the Court shall be deemed to be a judicial proceeding within the meaning of sections 192, 193 and 228 of the Indian Penal Code, XLV of 1860.

(5) The Court shall have power to direct by whom the whole or any part of the costs of any proceeding before it shall be paid:

Provided that, no such cost shall be directed to be paid for the services of any legal adviser engaged by any party.

An order made by the Court regarding the costs of a proceeding may be produced before the Court of the Civil Judge within the local limits of whose jurisdiction any persons directed by such order to pay any sum of money has a place of residence or business or where such place is within the local limits of the ordinary civil jurisdiction of the High Court, before the Court, of Small Causes of Bombay, and such Court shall execute such order in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit.

The determination of any question of law in any order, decision, or declaration passed or made, by the Full Bench of the Industrial Court constituted under the regulations made under section 33 shall be binding and shall be followed in all proceedings under this Act.

The State Government may authorise, and direct any officer of Government to appear in any proceeding before the Court by giving notice to such Court; and on such notice being given such officer shall be entitled to appear in such proceeding and to be heard by the Court.

(1) An Investigating Officer shall exercise the power conferred on him by or under this Act, and shall perform such duties as may be assigned to him, from time to time, by the Court.

(2) For the purpose of exercising such powers and performing such duties, an Investigating Officer may, subject to such conditions as may be prescribed, at any time during working hours, and outside working hours after reasonable notice, enter and inspect-

(a) any place used for the purpose of any undertaking;

(b) any place used as the office of any union;

(c) any premises provided by an employer for the residence of his employees; and shall be entitled to call for and inspect all relevant documents which he may deem necessary for the due discharge of his duties and powers under this Act.

(3) All particulars contained in, or information obtained from, any document inspected or called for under sub-section (2) shall, if the person, in whose possession the document was, so requires, be treated as confidential.

(4) An Investigating Officer may, after giving reasonable notice, convene a meeting of employees for any of the purposes of this Act, on the premises where they are employed, and may require the employer to affix a written notice of the meeting at such conspicuous place in such premises as he may order, and may also himself affix or cause to be affixed such notice. The notice shall specify the date, time and place of the meeting, the employees, or class of employees affected, and the purpose for which the meeting is convened:

Provided that, during the continuance of a lock-out which is not illegal, no meeting of employees affected thereby shall be convened on such premises without the employer's consent.

(5) An Investigating Officer shall be entitled to appear in any proceeding under this Act.

(6) An Investigating Officer may call for and inspect any document which he has reasonable ground for considering to be relevant to the complaint or to be necessary for the purpose of verifying the implementation of any order of the Court or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes the Investigating Officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (V of 1908) in respect of compelling the production of documents.

CHAPTER VIII-POWERS OF LABOUR COURT AND INDUSTRIAL COURT TO TRY OFFENCES UNDER THIS ACT

(1) A Labour Court shall have power to try offences punishable under this Act.

(2) Every offence punishable under this Act shall be tried by a Labour Court within the limits of whose jurisdiction it is committed.

No Labour Court shall take cognizance of any offence except on a complaint of acts constituting such offence made by the person affected thereby or a recognised union or on report in writing by the Investigating Officer.

In respect of offences punishable under this Act, a Labour Court shall have all the powers under the Code of Criminal Procedure, 1898, V of 1898, of a Presidency Magistrate in Greater Bombay and a Magistrate of the First Class else where, and in the trial of every such offence, shall follow the procedure laid down in Chapter XXII of the said Code for a summary trial in which an appeal lies; and the rest of the provisions of the said Code shall, so far as may be, apply to such trial.

Not withstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, V of 1898, it shall be lawful for any Labour Court to pass any sentence authorised under this Act in excess of its powers under section 32 of the said Code.

(1) Notwithstanding anything contained in section 40, an appeal shall lie to the Industrial Court,-

(a) against a conviction by a Labour Court, by the person convicted;

(b) against an acquittal by a Labour Court in its special jurisdiction, by the complainant;

(c) for enhancement of a sentence awarded by a Labour Court in its special jurisdiction, by the State Government.

(2) Every appeal shall be made within thirty days from the date of the conviction, acquittal or sentence, as the case may be:

Provided that, the Industrial Court may, for sufficient reason, allow an appeal after expiry of the said period.

(1) The Industrial Court in an appeal under section 42 may confirm, modify, add to or rescind any order of the Labour Court appealed against; and may pass such order thereon as it may deem fit.

(2) In respect of offences punishable under this Act, the Industrial Court shall have all the powers of the High Court of Judicature at Bombay under the Code of Criminal Procedure, 1898, V of 1898.

(3) A copy of the order passed by the Industrial Court shall be sent to the Labour Court.

The Industrial Court shall have superintendence over all Labour

Courts and may,-

(a) call for returns;

(b) make and issue general rules and prescribe forms for regulating the practice and procedure of such Courts in matters not expressly provided for by this Act, and in particular, for securing the expeditious disposal of cases;

(c) prescribe forms in which books, entries and accounts shall be kept by officers of any such Courts; and

(d) settle a table of fees payable for process issued by a Labour Court or the Industrial Court.

The Industrial Court may, by order in writing, and for reasons to be stated therein, withdraw any proceeding under this Act pending before a Labour Court, and transfer the same to another Labour Court for disposal and the Labour Court to which the proceeding is so transferred may dispose of the proceeding, but subject to any special direction in the order of transfer, proceed either de novo or from the stage at which it was so transferred.

No order of a Labour Court or an order of the Industrial Court in appeal in respect of offences tried by it under this Act shall be called in question in any criminal court.

CHAPTER IX-PENALTIES

If an Investigating Officer or any person present at, or concerned in, any proceeding under this Act wilfully discloses any information or the contents of any document in contravention of the provisions of this Act, he shall, on conviction, on a complaint made by the party who gave the information or produced the document in such proceeding, be punished with fine which may extend to one thousand rupees.

(1) Any person who fails to comply with any order of the Court under clause (b) of sub-section (1) or sub-section (2) of section 30 of this Act shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five thousand rupees.

(2) If any person,

(a) when ordered by the Industrial Court or a Labour Court to produce or deliver up any document or to furnish information being legally bound to so, to do, intentionally omits to do so; or

(b) when required by the Industrial Court or a Labour Court to bind himself by an oath or affirmation to state the truth refuses to do so;

(c) being legally bound to state the truth on any subject to the Industrial Court or a Labour Court refuses to answer any question demanded of him touching such subject by such Court; or

(d) intentionally offers any insult or causes any interruption to the Industrial Court or a Labour Court at any stage of its judicial proceeding, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

(3) If any person refuses to sign any statement made by him, when required to do so, by the Industrial Court or a Labour Court, he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

(4) If any offence under sub-section (2) or (3), is committed in the view or presence of the Industrial Court or as the case may be, a Labour Court, such Court may, after recording the facts constituting the offence and the statement of the accused as provided in the Code of Criminal Procedure, 1898, V of 1898 forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of the accused person before such Magistrate or, if sufficient security is not given, shall forward such person in custody to such Magistrate. The Magistrate to whom any case is so forwarded shall proceed to hear the complaint against the accused person in the manner provided in the said Code of Criminal Procedure.

(5) If any person commits any act or publishes any writing which is calculated improperly influence the Industrial Court, or a Labour Court or to bring such Court or a member or a Judge thereof into disrepute or contempt or to lower its or his authority, or to interfere with the lawful process of any such Court, such person shall be deemed to be guilty of contempt of such Court.

(6) In the case of contempt of itself, the Industrial Court shall record the facts constituting such contempt, and make a report in that behalf to the High Court;

(7) In the case of contempt of a Labour Court, such Court shall record the facts constituting such contempt, and make a report in that behalf to the Industrial Court; and thereupon, the Industrial Court may, if it considers it expedient to do so, forward the report to the High Court.

(8) When any intimation or report in respect of any contempt is received by the High Court under sub-sections (6) or (7), the High Court shall deal with such contempt as if it were contempt of itself, and shall have and exercise in respect of it the same jurisdiction, powers and authority in accordance with the, same procedure and practice as it has and exercises in respect of contempt of itself.

Any person who wilfully,

(i) prevents or obstructs officers, members of the office staff, or members of any union from exercising any of their rights conferred by this Act;

(ii) refuses entry to an Investigating Officer to any place which he is entitled to enter;

(iii) fails to produce any document which he is required to produce; or

(iv) fails to comply with any requisition or order issued to him by or under the provisions of this Act or the rules made there under; shall, on conviction, be punished with fine which may extend to five hundred rupees.

Where any money is due to an employee from an employer under an order passed by the Court under Chapter VI, the employee himself or any other person authorised by him in writing in this behalf, or in the case of death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the Court for the recovery of money due to him, and if the Court is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector, who shall, proceed to recover the same in the same manner as an arrear of land revenue:

Provided that, every such application shall be made within one year from the date on which the money became due to the employee from the employer:

Provided further that, any such application may be entertained after the expiry of the said period of one year, if the Court is satisfied that the applicant had sufficient cause for not making the application within the said period.

The amount of any fine imposed under this Chapter shall be recoverable as arrears of land revenue.

CHAPTER X-MISCELLANEOUS

Every recognised union shall submit to the Industrial Court and Labour Court on such dates and in such manner as may be prescribed periodical returns of its membership.

(1) The State Government may, after obtaining the opinion of the Industrial Court, by notification in the Official Gazette, at any time make any addition to, or alteration in, any Schedule II, Ill or IV and may, in the like manner, delete any item therefrom:

Provided that, before making any such addition, alteration or deletion, a draft of such addition, alteration or deletion shall be published for the information of all persons likely to be affected thereby, and the State Government shall consider any objections or suggestions that may be received by it from any person with respect thereto.

(2) Every such notification shall, as soon as possible after its issue, be laid by the State Government before the Legislature of the State.

Where anything is required to be done by any union under this Act, the person authorised in this behalf by the executive of the union, and where no person is so authorised, every member of the executive of the union shall be bound to do the same, and shall be personally liable, if default is made in the doing of any such thing.

Explanation.-For the purpose of this section, the "executive of a union" means the body by whatever name called to which the management of the affairs of the union is entrusted.

The offence under sub-section (1) of section 48, shall be cognizable.

Investigating Officers, a member of the Industrial or Labour Court and a member of the staff of any such Court shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, XLV of 1860.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done by or under this Act.

Any proceeding pending before the State Government or before any tribunal or any other authority, or any proceedings relating to the trial of offences punishable under the provisions of the Central Act or Bombay Act before the commencement of this Act shall be continued and completed as if this Act had not been passed and continued in operation, and any penalty imposed in such proceedings shall be recorded under such Central, or as the case may be, Bombay Act.

lf any proceeding in respect of any matter falling within the purview of this Act is instituted under this Act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the Central Act or, as the case may be, the Bombay Act; and if any proceeding in respect of any matter within the purview of this Act is instituted under the Central Act, or as the case may be, the Bombay Act, then no proceedings shall at any time be entertained by the Industrial or Labour Court under this Act.

No civil court shall entertain any suit which forms or which may form the subject-matter of a complaint or application to the Industrial Court or Labour Court under this Act; or which has formed the subject of an interim or final order of the Industrial Court or Labour Court under this Act.

(1) The State Government may, by notification, in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment, shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

SCHEDULE I

See section 20(2)

The Industrial Disputes Act, 1947

1. In section 3, to sub-section (1), the following proviso shall be added, namely: Provided that, where there is a recognised union for any undertaking

under any law for the time being in force, then the recognised union shall appoint its nominees to represent the workmen who are engaged in such undertaking.

Explanation-In the proviso to sub-section (1), the expression "undertak ing" includes an establishment."

2. In section 10, in sub-section (2), after ˜appropriate Government' insert "on such application being made by a union recognised for any undertaking

under any law for the time being in force, and in any other case."

3. In section 10-A,-

(a) in sub-section (1) after the words "workmen" the words "and where under any law for the time being in force, there is a recognised union in respect of any undertaking, the employer and such recognised union" shall be inserted;

(b) to sub-section (3-A), the following proviso shall be added, namely; "Provided that, nothing in this sub-section shall apply, where a dispute has been referred to arbitration in pursuance of an agreement between the employer and the recognised union under sub-section (1) of this section;"

(c) in sub-section (4-A), after the words, brackets, figure and letter "sub-section (3-A)" the words "or where there is a recognised union for any undertaking under any law for the time being in force and an industrial dispute has been referred to arbitration" shall be inserted.

4. In section 18, -

(a) to sub-section (1) the following proviso shall be added, namely: "Provided that, where there is a recognised union for any undertaking under any law for the time being in force, then such agreem3nt (not being an agreement in respect of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee) shall be arrived at between the employer, and the recognised union only; and such agreement shall be binding on all persons referred to in clause (c), and clause (d), of sub-section (3) of this section."

(b) in sub-section (3), after the word, figure and letter "section bA" the words "or an arbitration award in a case where there is a recognised union for any undertaking under any law for the time being in force" shall be inserted.

5. In section 19,

(a) after sub-section (2), the following sub-section shall be added, namely: "(2A) Notwithstanding anything contained in this section, where a union

has been recognised under any law for the time being in force, or where any other union is recognised in its place under such law, then notwithstanding anything contained in sub-section (2), it shall be lawful to any such recognised union to terminate the settlement after giving two months' written notice to the employer in that behalf."

(b) to sub-section (7), the following shall be added, namely: "and where there is a recognised union for any undertaking under any law for the time being in force, by such recognised union."

6. In section 36, to sub-section (1), the following shall be added, namely: "Provided that, where there is a recognised union for any undertaking under any law for the time being in force, no workman in such undertaking shall be entitled to be represented as aforesaid in any such proceeding (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration) except by such recognised union."

SCHEDULE II

Unfair Labour Practices on the part of employers

1. To interfere with, restrain or coerce employees in the exercise of their right to organise, form, join or assist a trade union and to engage in concerned activities for the purposes of collective bargaining or other mutual aid or protection, that is to say,

(a) threatening employees with discharge or dismissal, if they join a union;

(b) threatening a lock-out or closure, if a union should be organised;

(c) granting wage increase to employees at crucial periods of union organisation, with a view to undermining the efforts of the union at organisat ion

2. To dominate, interfere with, or contribute, support - financial or otherwise - to any union, that is to say,-

(a) an employer taking an active interest in organising a union of his employees; and

(b) an employer showing partiality or granting favour to one of several unions attempting to organise his employees or to its members, where such a union is not a recognised union.

3. To establish employer sponsored unions.

4. To encourage or discourage membership in any union by discriminating against any employee, that is to say,-

(a) discharging or punishing an employee because he urged other employees to join or organise a union;

(b) discharging or dismissing an employee for taking part in any strike (not being a strike which is deemed to be an illegal strike under this Act);

(c) changing seniority rating of employees because of union activities;

(d) refusing to promote employees to higher posts on account of their union activities;

(e) giving unmerited promotions to certain employees, with a view to sow discord amongst the other employees, or to undermine the strength of their union;

(f) discharging office-bearers or active union members, on account of their union activities.

5. To refuse to bargain collectively, in good faith, with the recognized union.

6. Proposing or continuing a lock-out deemed to be illegal under this Act.

SCHEDULE III

Unfair Labour Practices on the part of Trade Unions

1. To advice or actively support or instigate any strike deemed to be illegal under this Act.

2. To coerce employees in the exercise of their right to self- organisation or to join unions or refrain from joining any union, that is to say -

(a) for a union or its members to picketing in such a manner that non-striking employees are physically debarred from entering the workplace;

(b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking employees or against managerial staff.

3. For a recognised union to refuse to bargain collectively in good faith with the employer.

4. To indulge in coercive activities against certification of a bargaining representative.

5. To stage, encourage or instigate such forms of coercive actions as wilful go-slow squatting on the work premises after working hours or gherao of any of the members of the managerial or other staff.

6. To stage demonstrations at the residences of the employers of the managerial staff members.

SCHEDULE IV

General Unfair Labour Practices on the part of employers

1. To discharge or dismiss employees -

(a) by way of victimisation;

(b) not in good faith, but in the colourable exercise of the employer's rights;

(c) by falsely implicating an employee in a criminal case on false evidence or on concocted evidence;

(d) for patently false reasons;

(e) on untrue or trumped up allegations of absence without leave;

(f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;

(g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record of service of the employee, so as to amount to a shockingly disproportionate punishment.

2. To abolish the work of a regular nature being done by employees, and to give such work to contractors as a measure of breaking a strike.

3. To transfer an employee mala fide from one place to another, under the guise of following management policy.

4. To insist upon individual employees, who were on legal strike, to sign a good conduct-bond, as a pre-condition to allowing them to resume work.

5. To show favouritism or partiality to one set of workers, regardless of merits.

6. To employ employees as ˜badlis, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent employees.

7. To discharge or discriminate against any employee for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute.

8. To recruit employees during a strike which is not an illegal strike.

9. Failure to implement award, settlement or agreement.

10. To indulge in act of force or violence.

Sachivalaya, Bombay 400 032, dated 8th September 1975.

Maharashtra Recognition of Trade Unions and Prevention of Unfair

Labour Practices Act, 1971

No. ULP. 1173 100198/Lab-1.-In exercise of the powers conferred by sub-section (1) of section 61 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (Maharashtra Act No.1 of 1972), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section 61, namely:

RULES CHAPTER I PRELIMINARY

1. Short title.-These Rules may be called the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices, Rules 1975.

2. Definitions.-(1) In these rules, unless there is anything repugnant in the subject or context,-

(a) "Act" means the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

(b) "Form" means a form appended to these rules;

(c) "Section" means a section of the Act.

(2) Words and expressions used in these rules but not defined therein shall have the meanings assigned to them respectively 1 the Act.

CHAPTER II

3. Qualification of persons presiding over Labour Courts.-A person shall not be. eligible to be appointed to preside over a Labour Court, unless he is or has been an Officer of the Judicial Service in the State and satisfies the requirements of section 6 of the Act, or possesses the following qualifications, that is to say, namely:

(i) (a) he is a Bachelor of Laws of a recognised University; or

(b) he has passed the examination for pleaders held by the High Court of Judicature at Bombay, or

(c) he has passed the Advocates Examination conducted by the Bombay Bar Council; or

(d) he has been admitted to the Bar of England, Northern Ireland or Scotland; and has practised as an Advocate, or Pleader in the High Court or Courts subordinate to it not less than seven years;

(ii) he has sufficient knowledge of Marathi to enable him to speak, read and write and translate with facility from the written character into English and vice-versa; and

(iii) he has had practical experience of labour and industrial problems or has done research in such problems or made a study of labour and industrial laws.

CHAPTER III

4. Recognition of union.-Application by any Union for registration under section 11 shall be in Form A.

5. Fees.- The fees payable by a union under section 12 for recognition shall be Rs.5.

6. Period of show cause notice.-The period to show cause as to why recognition should not be granted to the applicant-union under sub-section (1) of section 12 shall be eight days from the date of the notice displayed under that sub-section.

7. Certificate of recognition.- The certificate of recognition to be issued to a union under sub-section (2) of section 12 shall be in Form B.

8. Application for recognition of other unions.-The application of a union for registration under section 14 shall be in Form C.

9. Fees for recognition of other unions.-The fee payable by a union for registration under section 14 shall be Rs.5.

10. Period of show cause notice.- The period to show cause as to why recognition should not be granted to the applicant-union under sub-section (2) of s 14 shall be eight days from the 1 of receipt of notice under that sub-section by the applicant union]

11. Certificate of recognition.- The certificate of recognition to be issued to a union under sub-section (3) 2 section 14 shall be in Form D.

12. Application for re-recognition.-An application for re-recognition of a union under sub-section (1) of section 15 shall be in Form E.

13. Fees.-The fees payable by a union for re-recognition under sub-section (1) of section 15 shall be Rs. 5.

14. Change in name or address.-(1) Any change in the name or address or in both of the head office of a recognised union shall be communicated in writing to the Industrial Court, within, seven days of such change shall cause to be recorded by the Industrial Court in the appropriate Industrial Court in the Official Gazette.

(2) The Industrial Court shall certify under its signature and seal at the foot of the certificate issued under rule 7 or 11 that the new name of the union has been recorded in the register.

1[15. Publication of Orders.-The Industrial Court making any order under sections 12, 13, 14 or 15 shall cause it,-

(i) to be published in the official gazette, where it considers it necessary to do so, having regard to the importance of the orders, or

(ii) to be displayed on the notice board in its office, in other cases,

(2) The Commissioner of Labour, Bombay, and every union affected by the order referred to in sub-rule (1) shall be furnished with a copy thereof by the Industrial Court.]

CHAPTER IV

16. Collection of Sums.-The President, the Vice-President, the General Secretary, the Secretary, the Joint Secretary, the Assistant Secretary, the Treasurer of a recognised union, such members of the office staff of the union as have been authorised by the President in this behalf and such members of the union as have been completed at least six months of membership and have been authorised by the President in this behalf shall, subject to the following conditions, be entitled to collect sums payable by its members on the premises of an undertaking where wages are paid to them:

(a) the name or names of the officer of officers or member or members of the office staff or member or members of the union authorised in this behalf if any, shall be intimated in advance to the employer 2 writing] and changes, if any, therein shall be communicated in like manner to the employer at least 48 hours before the date of collection;

(b)the officers, members of the office staff or members of the union visiting the undertaking for this purpose shall carry a letter of authority in Form F (and such letter of authority duly signed by the General Secretary or Secretary of the Union shall be sufficient authority for the persons authorised under that Form to collect the sums without any let or hindrance);

(c) no coercion or force shall be used on any employee;

(d) the collection shall be made without causing hindrance to the staff of the undertaking or interference in the work or functioning of the undertaking;

(e) not more than 25 employees at a time shall be allowed to gather at the place where such sums are collected;

(f) collections shall be made on the usual pay day or days and on the subsequent three days and the day or days on which unclaimed wages are paid:

Provided that, (i) on the usual pay day or days, the collection shall be made during the hour of payment, and (ii) on any other days, the collection shall be made during such hours as may be mutually agreed upon between the employer and the union, subject to the conditions that the period shall not be more than three hours on each of such days.

17. Mode of putting up notice.-The President, the Vice-President, the General Secretary, the Secretary, the Joint Secretary, the Assistant Secretary and the Treasurer of a recognised union, shall be entitled to put or cause to be put up a notice-board outside the time-keeper's office or at any other conspicuous place mutually agreed upon between the employer and the union and affix notices thereon during the hours the undertaking is open provided that,-

(a) the notice-board to be put up shall be of a reasonable size;

(b) the notices to be affixed shall be signed either by the President, the Vice-President, the General Secretary, the Secretary, the Joint Secretary, the Assistant Secretary or the Treasurer; such notices shall relate to the lawful activities of the union and shall not be of an offensive or provocative nature.

18. Permission to do acts under section 20.-Subject, to the provisions of rules 19, 20 and 21, the President, the Vice President, the General Secretary, the Secretary, the Joint Secretary, the Assistant Secretary and the Treasurer of a recognised union shall, by the employer to do all or any of the acts mentioned in sub-clauses (i), (ii) and (iii) for the purpose of the prevention or settlement of an industrial dispute, be permitted of clause (c) of section 20.

19. Permission to hold discussion.-The officers specified in rule 18 shall be permitted by the employer to hold discussions on the premises of the undertaking with the employees concerned who are members of the recognised union:

Provided that,-

(a) the union shall intimate in advance to the employer the name or names of the officer or officers authorised for the purpose and the name of the department or departments in which the members concerned are employed; and

(b) the discussions shall be held in such manner as not to interfere with the working of the undertaking.

20. Mode of settling grievances.-The officers of a recognised union specified in rule 18 and such officers of any union (other than a recognized union) shall have a right

(I) to meet the discuss with an employer or any persons appointed by him for the purpose, the grievances of its members employed in his undertaking (including grievances relating to discharge, removal, retrenchment, termination of service or dismissal or suspension), subject to the following conditions, namely:

(a) the discussion shall ordinarily be held on two days in a week during such hours as may be fixed by agreement between the employer and the union except in urgent cases when it may be held on any day at any time by previous appointment;

(b) the union shall ordinarily communicate in advance to the employer the nature of the grievances which it desires to discuss;

(c) the name of the officer authorised in this behalf shall either be communicated to the employer in advance or such officer shall carry a letter of authority, in Form G (and such letter of authority duly signed by the General Secretary or secretary of the Union shall be sufficient authority for the persons authorised to meet and discuss with the employer or any person appointed by him the grievances of its members); and

(ii) to appear on behalf of any of its members employed in the undertaking in any domestic or departmental inquiry held by the employer.

21. Right to inspect any place in the undertaking.-Any of the officers specified in rule 18 shall have a right and shall be permitted by the employer to inspect in the undertaking any place where any member of the union is employed provided he carries with him a letter of authority in Form H and informs the employer before hand which place in the undertaking he desires to inspect. (Such letter or authority duly signed by the General Secretary or Secretary of the Union shall be sufficient authority for the persons so authorised to inspect the place aforesaid):

CHAPTER V

22. Notice of strike.-The notice of strike under clause (a) of sub-section (1) of section 24 shall be in the Form I and shall be sent by the registered post.

23. Notice of lock-out.-The notice of lock-out under clause (a) of sub-section (2) of section 24 shall be in the Form J and shall be sent by the registered post.

CHAPTER VI

24. Fees.-Fees payable for supply of a copy of the report under sub-section (5) of section 28 shall be at the rate of 50 paise per every hundred words or fraction thereof.

25. Publication of order.-The order of the Court under sub-section (8) of section 28 shall, if the Court considers that, having regard to the importance of the order, its publication in the Official Gazette is necessary it shall be published in the Official Gazette, and, in any other case, shall be published by affixing it on the notice board of the Court.

26. Report of order.-(1) The Court shall forward a copy of its order under sub-section (9) of section 28 to the Commissioner of Labour, Bombay.

(2) Where the order is in respect of a complaint made by the union of any employee or any employer in an undertaking situated in the Poona or Nagpur or Aurangabad Division of the State, a copy of the order shall also be forwarded by the Court to the Deputy Commissioner of Labour, Poona or the Deputy Commissioner of Labour, Nagpur, or Assistant Commissioner of Labour, Aurangabad, as the case may be.

BY THE INDUSTRIAL COURT, MAHARASHTRA, BOMBAY

In exercise of the powers conferred under Section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (Maharashtra Act No. I of 1972), the Industrial Court has framed the following rules for the practice and procedure of Labour Courts:

CHAPTER I-GENERAL

1. These rules may be called the Labour Courts (Practice and Procedure) Rules, 1975".

In these rules unless there is anything repugnant in the subject or context-

(a) ˜Act' means Maharashtra Act I of 1972;

(b) ˜Advocate' means a person who is qualified to be enrolled as an Advocate under the Advocates Act and enrolled as such;

(c) ˜Order sheet' (Roznama) includes the record made by the Presiding Officer of the Court or under the instructions of the Presiding

Officers regarding the hearing, the interim orders passed at the hearing, and any directions for compliance given by the Presiding Officer at the hearing including the dates of subsequent hearings but it shall not include orders finally determining the dispute either wholly or partially;

(d) ˜Rule' means the r framed by the Industrial Court under Section 44 of the Act.

2. Words and expressions not defined by these rules shall have the same meaning assigned to them under the Act or the rules or the regulations made there under.

3. The forms set out to these rules or forms substantially to the like effect with such variations as the circumstances of each case may require, shall be used for all cases where the forms are appropriate.

4. All the applications except those submitted to the Court shall be presented to an officer of the Court duly authorised by the Court to receive such applications.

5. Application/Complaint should not be accepted unless it is verified. If it is verified and not barred by limitation, it should be registered immediately. It should be scrutinised. The officer shall examine the application and the same should be placed before the Court for orders after registering the same Court shall fix the date for written statement and also the date for hearing of the application immediately after those orders are passed, but not later than three days, notices will be issued to the parties conveying the orders of the Court. Such notices shall be in Form No.8.

5-A. (I) The officer scrutinising the application or complaint shall examine and determine whether-

(1) it is in accordance with the form prescribed;

(2) it is properly signed and duly verified;

(3) it has been properly stamped and in case whether stamp in necessary;

(4) it is within time;

(5) the documents in which the parties rely have been produced along with the list with prescribed form and with the copies thereof and shall verify the list with the documents produced;

(6) the necessary memo of appearance or authorisation as the case may be have been filed;

(7) the registered address of the applicant or the complainant as the case may be has been filed;

(8) in case the complaint, is barred by limitation an application for condonation of delay and affidavit in support thereof have been filed as provided under Rule 61.

(ii) If on verification, it is found that the application or complaint as the case may be is not in order/or is not accompanied by the documents alongwith the list and copy thereof, the Officer concerned shall place the matter before the Judge who may direct the concerned party to remedy the defect or comply with any requirements which have

(iii) If the concerned party does not comply with the directions within the prescribed time or within such further time as the Court may grant, the Court may reject the application or complaint as the case may be.

6. If an application/complaint is received by post the officer authorised to receive such applications shall make an endorsement on the application/ complaint stating the date receipt of such application/complaint. The officer receiving an application/complaint by post shall fix a date not later than 10 days for scrutiny and verification of such applications and send an intimation of that date by a letter under certificate of posting immediately to the applicant/complainant.

7. Notices to the parties may be sent either by registered post acknowledgement due or served through bailiff, or by such method as ordered by the Court.

8. The Labour Court may on getting a complaint verified and on consideration of the allegations in the complaint order that the complaint be sent to an Investigating Officer for inquiry and report within the time fixed by the Court.

Affidavit

9. (1) An affidavit required to be filed before the Court shall ordinarily be drawn up in Marathi or Hindi or English. If the deponent is unable to read and understand the contents of the affidavit, the same shall be explained to him/her in language known by him/her and endorsement to that effect shall be made on the affidavit by a person identifying the deponent and known to the officer before whom the affidavit is sworn.

(2) The identification of the deponent shall be endorsed on the affidavit by the officer in the following form:

Solemnly affirmed before me by Shri________________________ whom I personally know/who is identified before me by Shri_________________________ whom I personally know.

Signature of the Officer

(3) If the affidavit drawn in a language other than Marathi, Hiridi or English it shall be accompanied by an accurate translation in English.

(4) The affidavit shall be sworn before an officer duly authorised in this behalf by the Court.

(5) Every deponent shall pay a swearing fee of Re 1 for having the affidavit sworn and verified before the officer authorised for the purpose.

(6) Swearing fee shall be paid in the form of Court fee stamps affixed to the affidavit.

(7) The office authorised to swear affidavits shall maintain a register in Form 13 in which entries shall be made regarding every affidavit sworn before the officer.

Documents

1[10(1) Every application or complaint made to the Court under the Act or to be under the Rules shall be accompanied by the documents on which the applicant, or the complainant, as the case may be, relies alongwith a list thereof and with as many copies of the documents and of lists as there are opposite parties. No document shall be accepted unless accompanied by proper list of the documents on which the parties rely.

(2) Any other relevant document which any party wishes to produce, shall be produced on or before the first date fixed for hearing alongwith a list thereof and with as many copies of the documents and the list as there are opposite parties, provided that copied of the list and the documents may not be produced for the other parties if they have been already supplied to them and receipts evidencing that produced.

(3) Any document not produced as stated above, shall not except with the permission of the Court be admissible in evidence on behalf of the party who should have produced.

(4) Nothing under this rule shall apply to any document which is sought to be produced for the purpose of cross-examining the witness or is handed over to the witness to refresh his memory

(5) If any document is written in pencil or torn, moth-eaten or damaged in any way, a clear note to that effect must be made in the list and such document shall be brought to the notice of the judge by the clerk whose duty is to receive it and the Court may if it considered desirable ask for a true copy thereof either written in ink or typed.

(6) The list referred to above shall be in Form 9-A.

11. Appearance before the Labour Court.- A party to any proceeding, an employer, an employee, a trade union for the members employed in an undertaking or the owner of the undertaking or any other person impleaded to a proceeding may appear in person or may be represented by (1) a duly authorised advocate, (2) an office bearer of the union of which the employee is a member or (3) a member of a recognised union duly authorised by it in writing, or (4) an officer who is a whole time employee of the employer, authorised by such employer to represent the employer.

12. A party to a proceeding may enter appearance by filing a memorandum of appearance. Any other person claiming to represent a party to a proceeding, viz., an employer, an employee, a recognised union or a trade union shall file authority to appear in Form 2. Memorandum of appearance by a party shall be in Form 1.

13. No person claiming to represent a party to a proceeding shall be allowed to appear or act until the authority prescribed under Rule 12 has been filed. Such authority shall be filed at or before the first hearing of the proceedings, and subsequently with the permission of the Court.

14. A person authorised to appear shall be bound by the directions of the Court and shall be deemed to represent the person for whom he is authorised to appear throughout the proceedings.

15. Statements and acts of the representative authorised to appear shall be binding on the persons authorising such representative to appear in the proceedings.

16. A representative appearing under the authority of another person may apply for withdrawal from appearance by an application in writing fifed before the Court. The Court may allow the withdrawal of such person after such inquiry as may be necessary. Until permission is granted for withdrawal of appearance a person authorised to appear shall continue to represent the person authorising such person to appear. Such an application for withdrawal can be filed only after service of notice of at least one week of the proposed withdrawal on the party represented asking that party to make its arrangement for appearance in the proceedings. Office copy of such notice with acknowledgement shall be produced alongwith the withdrawal application.

17. A member of the recognised union duly authorised act by it in writing to appear or act on behalf of such union in any proceeding before the Court shall be entitled to get a certificate for every date of attendance from the Court. Such certificate shall be in Form No.3.

18. An officer of the State Government duly authorised by the State

Government to appear in any proceeding before the Court under Section 36 of the Act, shall file the memorandum of appearance in Form-4.

19. The officer of the State Government duly authorised by the State

Government under Section 36 of the Act, shall give notice of intention to appear in the proceeding before the Court in Form 5.

20. An Investigating Officer intending to appear in any proceeding before the Court shall file a memorandum of appearance in Form 6.

Registered Address

21. A party to a proceeding or any other person impleaded to the proceeding before the Court shall file at the time of entering appearance address called "the registered address at which all communications, notices, summonses etc., may be sent. A notice or a summons or a communication sent to such registered address or tendered at such registered address shall be deemed to have been sent to the proper address. The registered address shall be valid throughout the proceeding and for a period of 2 years after the final order in the proceeding has been made. The Registered address shall be in Form 7

22. If there is a change of address the party which has filed the original registered address shall file a fresh address intimating the change and in the absence of any such intimation the address on the record shall continue to be the official address of the party to which communications may be sent.

23. A notice to the opponent/opponents shall be in Form 8.

24. Notice to any other person for appearance before the Court shall be in Form 9.

25. A party desiring that a summons may be issued to any person for appearance before the Court as a witness or for making a statement shall make an application in writing to that effect before the Court giving the full name and address to which the summons is to be sent.

26. On the Court ordering issue of summons or notice, the party at whose instance summons or notice is to be issued shall file within 3 days of the order process fee for issuing and service of the summons or notice on each person at the rates specified in the annexed Table "A"

27. The process fee shall be paid in the form of Court fee stamps.

28. Where summons is issued to a person for appearing as a witness before the Court, the party at whose instance summons is issued shall deposit within week from the date of the Court's order with the officer of the Court, daily allowance and travelling allowance at least for one day at the rate mentioned in the annexed Table ˜B' for daily allowance and travelling allowance alongwith process fee for each witness. Such daily allowance and travelling allowance shall be paid alongwith the process fee for issuing summons.

29. The summons shall not be issued unless process fee, daily allowance and travelling allowance as prescribed are paid within the prescribed time or further extended time by the Court or the officer duly authorised. The officer duly authorised may on application submitted in that respect extend time to pay process fees, daily allowance and travelling allowance on satisfactory grounds. Such extension shall in no case be more than two weeks.

30. The Officer receiving the daily allowance and travelling allowances shall immediately pass a receipt for the amount paid to the party depositing the allowances in Form 10.

31. If the process fee and daily allowance and travelling allowance are not paid within time fixed by the rules and the person summoned as a witness is not served on that account the party at whose instance the summons has been issued shall not ordinarily be entitled to an adjournment for securing the presence of witness.

32. A summon may be issued for production of documents in Form ii.

33. A party applying for summons for production of documents shall make an application clearly stating the details of the documents-and relevancy thereof required to be produced by the person summoned. On such application being allowed the party shall pay process fee for issuing summons for production of documents as prescribed by these Rules. The party shall furnish a spare copy of the application to be sent to the witness alongwith the summons.

34. On receipt of the process fee, a summons for production of documents shall be issued within four days from the receipt of prescribed fees. A copy of the application for summons shall be enclosed with the summons, which shall mention the date on which the documents are required to be produced before the Court.

35. Documents including affidavits and applications would be accepted by the Court only when copies thereof are furnished for service on the other party/parties.

35-A. (1) Any person desiring to obtain certified copies of any records including copies of any award, decree or order of a Labour Court may make an application in writing to the Industrial Court.

(2) On receipt of such application and on payment of fees for copying a document at the rate of 50 paise per hundred words or fraction thereof, a copy of the document shall be supplied by the Industrial Court.

(3) Urgent certified copies of the documents may be supplied on payment of one and half times the fees payable under Clause (2) above.

(4) No copy shall be granted of any notes recorded by the Court for its own use or of any exhibit or document which the Court may consider to be confidential.

Commissions

36. The Court may issue commission to any person or to the Investigating Officer for examination of witnesses on commission. The commission shall be in Form 12.

37. A party may apply for examination of witness of commissioner in writing. Wherever it is ordered that witness shall be examined on commission the party so desiring to lead such evidence shall pay the prescribed process fee and daily allowance and travelling allowances as the case may be for examination of witnesses cited by it before the Commissioner or as per rules.

38. Ordinarily parties will themselves produce their witnesses to be examined on their behalf before the Commissioner. In case of party desires a summons to be issued to a person to be examined as witness, application may be made for issue of summons within 3 days of the order, appointing the Commissioner of fixing the date for evidence alongwith necessary process fee in Court fee stamps and the amount of travelling allowance and daily allowance at least for one day. If a witness summons is not served on account of laps or delay in payment of the process fee or above said allowances, The party concerned shall not ordinarily be entitled to an adjournment for recording the evidence of such witness.

39. The Court may decide either to record evidence itself or issue commission for recording evidence of witnesses.

40. The Court may require any fact to be proved by affidavits and pass order to that effect.

1[(41) (I) On an order for issuing Commission for examination for witnesses being passed, the selection of the Commissioner shall be made by the Judge himself. Commission which can suitably be allotted to a Junior Lawyer or representative should be so allotted to such juniors. For this purpose a panel may be formed and fair and equitable distribution should be made.

(ii) Where an order for issue of commission is passed the Judge shall after consulting the parties or their lawyers or representatives and after taking into account the probable length of time and execution of the commission is likely to take, fix the initial fees of the Commissioner and direct the- deposit of the same in the Court within a specified time. The Court shall also specify which party shall deposit such fee and wherever necessary in what proportion and within what time. On depositing such fee within one week thereto or within the time allotted by the Court, corn mission shall be issued to the person appointed as Commissioner. If necessary the Judge may from time to time direct that any further sum be deposited in Court by the party or parties concerned. The Commissioner shall not accept any payment directly from the party. The fees or the travelling allowance if any shall be drawn by them from the Court.

(iii) The Commissioner shall examine the witnesses as expeditiously as possible after duly intimating the date, time and place for examination of witnesses fixed by the Commissioner, to the parties.

(iv) When a party fails to appear on the day and at the place and the hour fixed for examination or fails to apply for time, the Commissioner should proceed ex parte. He can also proceed if necessary, ex parte, if he is of opinion that adjournment is sought on frivolous or unreasonable grounds.

(v) Whenever the Commissioner disallows any question put to a witness, he shall record such question and answer thereto but the same shall not be admitted as evidence except when the Member before whom the deposition is put in evidence so directs.

(vi) The Commissioner shall furnish to the parties copies of the evidence recorded from day to day, on payment of normal charges for the same. After recording all the evidence, the Commissioner shall within one week, forward the evidence recorded by him along with his report and the bill for his fees to the Court, either by registered post or by hand delivery on obtaining the acknowledgement for the same.

(vii) Whenever the witness to be examined is a resident beyond the jurisdiction of the Court, the Commission shall ordinarily be addressed to the Court, within whose jurisdiction the witness resides.

(viii) When a Commission is issued to a Court, the amount deposited by a party for defraying of the expenses shall also be transmitted to the Court, to which the commission is issued.]

42. The Commissioner shall examine the witnesses as expeditiously as possible after duly intimating the date for examination of witnesses fixed by the Commissioner to the parties. The Commissioner shall furnish to the parties copies of the evidence recorded from day to day on payment of normal charges for the same. After recording of evidence is over the Commissioner shall within one week forward the evidence recorded by him along with his report and the bill for his fees to the Court, either by registered post or by hand delivery on obtaining acknowledgement for the same.

Order Sheets (Roznamas)

1[(43)(1) Each Judge shall maintain an order sheet to be called the Roznama for each proceeding before him.

(2) The Roznama must clearly show the course of the proceeding from the beginning to the end in chronological order. It must show in concise form the progress of the proceeding from day to day. The reason for every adjournment shall be stated. The Roznama must be a faithful, complete, and concise history of the case and of all proceedings taken therein. It must contain a correct list and description of the exhibits, the date of delivery of the different orders passed in the proceedings and of any application for amendment of any order. It must show in chronological order all proceedings, if any, subsequent to the passing of the final order and must also contain a note of other proceeding such as Commissioner's report, if any etc.

(3) It shall be the duty of the clerk attached to the Court to see that the Roznama of each day has been properly drawn up and to place the same before the said Presiding Judge for his signature as for as possible on the same day. Every document admitted in evidence and exhibited must be mentioned in the Roznama in chronological order. The description of the document and the date of the document must also be mentioned in the Roznama. At the end of the Roznama of each proceeding the Clerk attached to the Court shall make a note that all Court fee stamps produced therein have been punched and must sign the note.

44. [***]

Adjournments

45. A party to a proceeding shall comply with the orders of the Court within the time fixed, in the order. An adjournment will not ordinarily be granted except for good and sufficient cause. If the party requires a proceeding to be adjourned on account of his failure or default the adjournment may be granted subject to such terms and payment of costs as the court may order. Ordinarily cases fixed for recording evidence shall not be adjourned merely on account of absence of some of the witnesses to be examined.

46. A party desiring adjournment of a hearing shall apply sufficiently in advance with notice not less than 24 hours to the opposite side.

1[46A The granting of adjournment is a matter within the discretion of the Court. The Court is not ordinarily bound to grant an adjournment and before granting, it should require reasons to be stated unless it makes an adjournment of its own motion.

46-B. The Presiding Judge should be strict in granting adjournment. Mere convenience of the lawyer or representatives or parties is not sufficient ground for granting adjournment. Where two or more Advocates or Representatives appear for a party in a proceeding no adjournment should ordinarily be granted the ground that either of them is engaged else where.

46-C. (1) The party has no right to seek an adjournment for obtaining stay merely because it has filed an appeal or other proceedings in a superior court or elsewhere or intends to file one.

(2) The Presiding Judge while granting adjournment may exercise of his discretion award costs against the parties seeking adjournment.

Ordinarily the adjournment cost should not be out of proportion of the claim in the proceedings, nor should they be disproportionately low. They should be adequate to compensate the party affected by the adjournment.

(3) Where the illness of a pleader or his inability to conduct the case for any reason is put forward as a ground for adjournment, the Court shall not grant the adjournment unless it is satisfied that the party applying for adjournment could not have engaged another pleader in time.

(4) Where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court is not ready to examine or cross examine, the witness, the Court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-Chief or cross examination of the witness, as the case may be, by the party or his pleader not present or not ready as aforesaid.

Explanation.- Where the evidence or a substantial portion of the evidence of any party has already been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may, in its discretion, proceed with the case as if such party were present.

(5) When a party applies for a process or deposits the diet money too late to allow the witness being served in time to reach Court on the date fixed for hearing, no adjournment should ordinarily be granted to the parties for a second opportunity to produce the witness. If a party fails to produce a witness whom it has undertaken to produce on a particular date it should not be ordinarily given a second opportunity to produce any.

(6) After the examination of witnesses has begun the adjournment if found necessary should be for a day or for very short interval.

(7) Arguments should be heard immediately after the evidence is closed and a case, unless it is lengthy and complicated, should not as a rule be adjourned for arguments. After all the evidence has been adduced, if any adjournment is necessary, the reasons should be recorded by the Presiding Judge and it should never be for a long period. The arguments should not, except for good reasons, be heard piece-meal and where it is found necessary to adjourn a case for the hearing of further arguments, the adjournment should ordinarily be to the next working day.

(8) A case once closed and adjourned for argument should never be to be re-opened by allowing parties to produce evidence unless for good cause clearly established to the satisfaction of the Judge.]

47. Where a proceeding is required to be adjourned either at the request of the parties or otherwise the other sheet shall briefly record the reason for such adjournment.

1[48 (1) Ordinarily judgments, decisions and orders should be delivered immediately after the arguments are heard and in every case within 15 days of the completion of the arguments.

(2) Judgments, decisions and orders should be pronounced in open Court. If not dictated in open Court the date on which it is to be pronounced must be notified.

(3) Every judgment, order or decision should be paragraphed and duly numbered.

(4) When a judgment or order or decision is type written every sheet shall bear the initials of the Presiding Judge and his signature at the end along with his designation.

(5) No addition or alteration shall be made thereto other than a clerical or arithmetical mistake arising from accidental slips or omissions].

1[48A (1) Every judgment, order, decision and proceeding should be written only on foolscap paper leaving the margin blank.

(2) All applications, complaints, affidavits, and other proceedings including copies of documents presented to the Court shall be written in ink, type written or cyclostyled fairly and legibly on foolscap paper of good quality having at least 1/4th margin blank. Both the sides of the paper may be used provided it does not affect the legibility of the matter. Any document not in conformity with this will not be accepted. Wherever the proceedings is likely to be time barred on account of the rejection of the document or where sufficient reason is shown for so doing the document may be accepted on the party undertaking to file a properly prepared copy thereto within a stated period.]

49. The Court may pass order regarding payment of costs incurred by a party to be paid by the other party. If there is no order as to the payment of costs no party shall be entitled to recovery of costs. A party shall ordinarily be entitled to costs for summoning witnesses, producing of documents and adjournments but not to costs for engaging legal practitioners.

CHAPTER III-RULES UNDER SECTION 24 RELATING TO NOTICE OF STRIKE OR LOCK-OUT

50. A union desiring that its members in an undertaking should go on strike of any type shall give a notice in Form (9) of the Rules to the employer of the undertaking. The notice shall be sent to the employer by registered post A.D. No Notice shall be given in respect of the proposed strike, unless the decision to go on such strike is affirmatively taken by a vote in favour of going on such strike by majority of members" of the union who are employed in the undertaking in which it is proposed to go on strike. Votes shall be recorded at such meeting by ballot, if ballot is demanded.

51. If the members of a recognised union decide to go on strike of any type, such decision shall be taken at a meeting of the general body of the members of the union convened expressly for the purpose. Notice of such meeting shall be served on every member of the union who is an employee of the undertaking in which it is proposed to go on strike. Votes shall be recorded at such meeting by ballot, if ballot is demanded.

52. For the purpose of Rule 50 "majority of members" means majority of all the employees in the undertaking who are validly members of the union on the date of the decision to go on strike, whether all such members are present at the meeting or not.

53. The Executive Committee of a recognised union shall maintain true and accurate minutes of the proceedings of the meeting of the general body of the employees convened for taking decision whether the employees should go on the proposed strike in the undertaking.

54. An employer desiring to commence a lock-out shall give notice to the employees in the undertaking, in Form-J of rules. If there is no recognised union of employees in the undertaking, the employer who desires to commence a lock-out, the notice of the proposed lock-out shall be affixed on usual notice Board in the language understood by majority of employees and also in English and also shall be given to every employee in the undertaking and also to any union of employees in the undertaking.

CHAPTER IV-PROCEDURE IN REFERENCE UNDER SECTION 25 FOR ILLEGAL

STRIKE OR ILLEGAL LOCK-OUT

55. Reference under Section 25 of the Act shall be made by application in Form No.14 or Form No.15 as the case may be.

56. Before making application under Rule 55 to the Labour Court a copy of such application shall be served by the applicant on the party against whom reference is to be made, and acknowledgement of receipt of such copy shall be filed with the application, or sent by registered post and postal receipt produced.

57. (1) On receipt of reference under Section 25 of the Act the Labour Court shall immediately fix date of hearing of the reference, which should be as early as possible and shall issue notice mentioning the date of hearing to the opposite party/parties. Such notice shall be in Form (1 5-A).

(2) Where a reference is filed under Section 25 for the decision of Labour Court and the employees affected are numerous persons having the same interest, the Court may permit one or more such employees to appear and to defend the application on behalf of all the employees so interested, in case no recognised union exists in the concerned undertaking.

(3) In all cases covered by sub-rule (2), including those in which a union appears, the Labour Court shall also direct notice of the filing of the reference to be given to all such employees at the applicant's expense either by personal service or where from the number of employees or any other cause such service is not reasonably practicable, by public advertisement and by causing the notice with its translation in a regional language to be affixed by the applicant at the entrance through which the majority of employees enter the premises for their work. The person affixing the notice and publishing the advertisement shall file an affidavit in the Court of his having done so.
Provided that in cases where the recognised union exists public advertisement need not be issued. General Notice to be published shall be in Form No. 15-B.

58. Reference under Section 25 of the Act shall be heard and disposed of as far as possible within one week from the receipt of the reference, unless for good and sufficient cause it is found necessary to extend the time for disposal of the reference.

59. (i) The decision of the Labour Court on a reference under section 25 of the Act shall be pronounced in open Court immediately after hearing is over or on a date to be fixed by the Court and intimated to the parties.

(ii) A copy of the order shall be pasted on the Court's notice board. A copy of the order shall also be sent to such officer as may be designated by the State Government in references made by the State Government.

CHAPTER V-COMPLAINTS RELATING TO THE UNFAIR LABOUR PRACTICES

1[60. (1) A complaint regarding any unfair labour practice shall be initiated in Form 16.

(2) In respect of unfair labour practice complained of a concise statement of the material facts constituting it and the date of the occurrence thereof and the name of the person or persons or union or unions guilty thereof shall be specifically and separately stated in the complaint.

(3) Every person or union who it is alleged is guilty of any unfair labour practice, shall be impleaded in the complaint. The complaint must specifically and separately disclose the unfair labour practice each such person or union is guilty of, the specific facts constituting that unfair labour practice in regard to that particular person or union and the date of the occurrence of that unfair labour practice.

61. If a complaint under Section 28 covers any unfair labour practice which occurred more than 90 days before the date the complaint was filed, the complainant shall file alongwith the complaint a separate application, for condonation of delay. That application shall disclose separately and specifi cally each unfair labour practice which occurred more than 90 days after the complaint was filed and in respect of which the condonation of delay is sought, the date of the occurrence thereof and the reasons for condonation of delay in respect thereof. Such n application shall be supported by an affidavit.

62. Complaints under Section 28(i) of the Act shall be scrutinised by the officer of the Court authorised to receive them, and shall place the same before the Court for orders with his remarks on the scrutiny form within four days from the date of filing.

63. The 1.0. shall follow the directions issued by the Labour Court and may seek further directions from the Labour Court, if he finds such directions necessary.

64. On receipt of report of the 1.0. under Section 28(5) of the Act the Labour Court shall hear the complaint and shall pass such orders as the Court thinks fit.

65. If under Section 28(6) of the Act the Court decides to proceed with the complaint, notice shall be issued to the Respondent and to such other persons whose presence the Court considers necessary for full and fair inquiry into the complaint. The notice shall be in Form 8.

66. The complainant shall in cases falling under Section 28(6) of the Act pay process fee within three days of the Court's order directing the complaint to be proceeded with Court may in proper cases extend time to pay process fees, but in no case for more than two weeks.

67. On receipt of a notice except in cases falling under Sections 38 to 43 of the Act, the person receiving the notice may file a written statement setting out his case at least 8 days before the date of hearing mentioned in the notice, or within the time fixed by the Court, whichever is earlier.

68. The parties shall as far as possible produce documents sought to be relied upon alongwith complaints, applications, initiating a proceeding and written statement. They may produce additional documents, if any, on the first day of hearing also or within such extended time as may be permitted by Court. Parties shall not ordinarily be allowed to produce documents after recording of oral evidence is complete and the case is ready for arguments, excluding arguments on preliminary points if the same are separately submitted.

69. Order of the Court under Section 28(7) of the Act shall be in writing and it shall be published by affixing a copy of the order on the notice board of the Court. The order shall be pronounced in the open Court on a date to be fixed by the Court for that purpose, unless the order is dictated in open Court. The order shall bear the date on which it is pronounced, and it shall also contain in direction as to the date from which the order becomes enforceable. In absence of such direction the order shall be enforceable from the date of the order.

70. If the Court on hearing the parties before it decides that the presence of any, other party is necessary before the Court, it may by specific order direct such party to be impleaded as a party to the proceeding. On such order being passed notice with a copy of such order shall be issued to the person so impleaded. Such notice shall be in Form No. 8.

71. (i) An order under Section 28(8) of the Act shall be published by affixing a copy of the order on the notice board of the Court, having regard to the importance of the order. The Court may also direct that the order shall be published in the Maharashtra Government Gazette. A copy of any such order shall be forwarded to the Government and to the Commissioner of Labour, Bombay.

(ii) A copy of such order as specified under Rule 26(2) framed under the Act, shall also be sent to other authorities as mentioned in that Rule.

72. (i) An application for interim relief under Section 30(2) of the Act may be filed by a party to a proceeding before the Court, a copy of such application with supporting affidavit shall be served on the party against whom interim relief is claimed, if such party has appeared before the Court.

(ii) If the party against whom interim relief is sought has not entered appearance till the date of the application for interim relief is filed, notice shall be issued to that party directing it to show cause within the time mentioned in the notice why interim relief asked for should not be granted. Notice shall also specify the date fixed for hearing the application for interim relief. Such notice shall be in Form 16-A.

73. The order for interim relief shall be pronounced in open Court in presence of the parties on the date fixed for hearing application for such relief or on a date fixed for delivery of the order.

74. The order on the application for interim relief may be published by affixing a copy thereof on the notice board of the Court.

75 1(1) Where in any action filed under the Act, it is proved by affidavit or other evidence that any of the parties to the action has committed and/or there is a reasonable apprehension that it would commit an Unfair Labour Practice, so as to frustrate the lawful right of the other party, the Court may, on proof of prima fade case in favour of the concerned party, grant temporary injunction to re3train commission of such Unfair Labour Practice and/or make such order for the purpose of stay and preventing such apprehended Unfair Labour Practice until the disposal of the action or until the further orders, after considering the caveat, if any, filed by the parties.

(2) In passing any such orders, the Court will also consider the comparative hardships which may be caused to the parties, and also whether it would be equitable to pass any such order.

(3) Subject to Section 31, the Court will not ordinarily grant ex parte ad-interim injunction or order:

Provided that the party seeking such ex-parte ad-interim relief should state what steps it has taken to give notice to the other party about such application and in case when no such notice of injunction is given or has reached the other party, to state in the Application itself the grounds as to why it has not done so, and about the exigencies of the matter, and in such a case, if satisfied, the Court may pass an ex-parte, ad- interim injunction or the order, in exceptional circumstances:

Provided also that the Court shall also state the grounds why such order is required to be passed without a hearing or issuing advance notice to the other side.

(4) The Court passing such ad-interim ex-parte order shall mention in the order of duration for which the Order would remain in force, which shall not be beyond 15 days from the date of passing the order.

(5) Any party aggrieved by such an injunction order may apply for having that order set aside, after giving 48 hours notice to the other party which obtained an interim relief. However, in case of exigencies shown from the affidavit or other evidence, Court may, without notice or without hearing the other side, stay the order which it has already passed and also mention in the order the duration for which such a stay order will be operative. It should also mention in that order why no notice of the application for stay could be given to the other party].

76. Application for interim relief shall be supported by affidavit relating to facts mentioned in the application.

77. Every application complaining against an unfair labour practice presented to Labour Court shall state whether any proceeding relating to the facts constituting the alleged unfair labour practice is pending before the State Government or a Tribunal or Labour Court or any other authority under Industrial Law. While passing orders Court shall take into account pendency of such proceedings.

CHAPTER VI-EX-PARTE PROCEEDINGS

78. (I) Alongwith application under Section 31(2) of the Act the applicant shall file affidavit in support of the grounds for getting the ex-parte order set aside.

(ii) A notice of hearing of the application for setting aside the ex parte order shall be served on the party who is entitled to be heard. Such notice shall be in Form 17.

79. The Court may under Section 3.1 (2) of the Act set aside ex parte order on such terms as to costs and other conditions as it considers necessary.

CHAPTER VII-TRIAL OF OFFENCES UNDER SECTIONS 38, 41, 47 AND 49

80. A complaint shall be in Form 18. The complaint shall contain a statement of all the material facts, the date of commission of the offence or offences alleged, the name of the person/persons alleged to have committed the offence, the manner and extent to which the act or omission complained of affects the complainant, and also the names and addresses of all persons on whose evidence the complainant proposes to rely in support of the complaint. Complaint should be presented to the Court which shall follow the procedure under sections 200 and 202 of Criminal Procedure Code, 1974.

81. (i) The complainant shall file with the complaint documents on which he seeks to rely alongwith a properly drawn up list of such documents.

(ii) Where a complaint is in respect of any failure to comply with an order under section 30 (1) (b) or under section 30 (2) of the Act, the complainant shall file with the complaint a certified copy of the order which it is alleged has not been complied with.

82. (i) After the court passes orders on the complaint presented to it, the complaint shall be registered and summons/notice/process shall be issued as per orders of the Court.

(ii) The summons shall be in Form 18-A.

83. The summons shall be served either by registered post acknowledgement due or by tendering the summons to the person summoned to appear by or through the bailiff or by such persons as may be specifically authorised by the Court.

84. Every copy of the summons or warrant of arrest shall be accompanied by a copy of the complaint with annexures, if any, which shall be served on the accused.

85. The complainant or an accused person may be represented by an Advocate or an officer of a trade union of which the complainant is a member or by a recognised union for the undertaking in which the com plainant is employed, or by a full time officer of the employer, or an office bearer of an employer's association, as the case may be.

86. Any person appearing on behalf of the complainant shall file his authority to appear in Form 1. Nobody shall be allowed to appear for the complainant or an accused unless an authority in that behalf has been filed.

87. Each party shall file a list of witnesses to be examined and shall indicate which witnesses will be produced by the party and which witnesses are required to be summoned.

88. Complainant as well as the accused shall ordinarily produce his witnesses. Complainant or accused may apply for summons if he is unable to produce his witnesses.

89. If any party desires the assistance of the Court for securing the attendance of witnesses, an application will be made issuing summons to such person giving the full name and correct address of each witness. Such application shall be filed within 3 days from the date fixed for recording evidence. Along with the application parties shall pay process fee and daily allowance and travelling allowance as per rules. If the process fee and daily allowance and travelling allowance is not paid in time the summons may be issued at the risk of the party and no adjournment shall be granted if the summons is not severed on the account.

90. If a person duly served with a witness summons remains absent the party at whose instance summons was issued may make an application for warrant of arrest of such person to secure his attendance as a witness in Form 19.

91. If the accused does not execute a bond or does not appear on the date fixed, or does not obtain stay from the Industrial Court, the order of the Labour Court granting stay shall stand vacated. Form of Bond shall be in Form 20.

CHAPTER VIII-PROCEDURE FOR MAKING COMPLAINTS TO MAGISTRATES

UNDER SEC.48(2) AND 48(3) AND FOR TAKING COGNIZANCE OF AND REPORT OF CONTEMPT OF THE LABOUR COURT UNDER SECTION 48

92. In cases falling under Section 48(2) and/or Section 48(3) of the Act, Labour Court shall record the facts that took place in view of or in the presence of the Presiding Judge of such Court. The Court may also record statement of any other person necessary for the proceeding under Section 48(2) or Section 48(3) of the Act.

93. If the person committing offence under Section 48 is present in the Court, the Court shall record the statement of such person as provided by Section 313 of the Code of Criminal Procedure 1973.

94. If the person committing offence under Section 48 of the Act is not present in Court, notice shall be issued to such person calling upon him to show cause why proper action under Section 48 of the Act should not be taken against him in view of the facts noted in the notice When such person appears before the Court his statement as provided by Section 313 of the Code of Criminal Procedure 1973 shall be recorded. Notice shall be in Form 21.

95. The Security Bond contemplated by Section 48(4) of the Act shall be in Form 20.

96. (a) If in the opinion of Court a person has committed contempt of Court under Section 48 of the Act, the Court may on its own motion or on the application by any person, initiate proceeding under Section 48 of the Act and shall submit report in that behalf to the Industrial Court or the High Court, as the case may be.

(b) The Court shall record facts constituting such contempts. The Court shall also record the statement of the person committing contempt, if such person is present before the Court, and statement of any other person/per sons acquainted with the relevant facts and circumstances in which the contempt was committed. The report to be submitted to the Industrial Court or the High Court, as the case may be, shall be accompanied by statement of facts constituting the contempt of Court, alongwith the statements recorded by the Court, if any and such other documents as may be relevant for such report.

(c) In cases falling under section 48(7) of the Act Labour Court shall hear the parties concerned before submitting report to Industrial Court.

CHAPTER IX-PROCEDURE FOR RECOVERY OF MONEYS OF EMPLOYEES UNDER SECTION 50 OF THE ACT

97. (a) An application for recovery of money under Section 50 of the Act shall be made the Court which passed the order. Such application shall be in Form No.22

(b) Application under second proviso to Section 50 of the Act shall be accompanied by an affidavit setting out grounds why the application under Section 50 of the Act was not made in time.

98. On receiving applications for recovery notice shall be issued to the opponent/opponents to show cause against the application. The notice shall be in Form 23.

99. (I) On the date fixed for hearing the Court may hold such inquiry as it thinks fit, and if the Court is satisfied that the amount sought to be recovered or part thereof is due to the employee, certificate under section 50 of the Act shall be issued in Form 24.

(ii) Certificate thus issued under Section 50 of the Act shall be entered in a register to be maintained in Form 25.

100. The Collector to whom certificate under Section 50 of the Act is issued shall intimate to the Court which issued the certificate the progress of recovery and payment made to the party entitled to the amount periodically, but in any case not later than every six months from the date of receipt of the certificate.

101. It shall be the duty of the Clerk in-charge of maintaining the register in Form No.26 to see that relevant entries are made in the register about recovery as soon as information in that respect if received from the Collector.

CHAPTER X-PERIODICAL RETURNS BY A RECOGNISED UNION

102. Every recognised union shall submit return of its membership to the Industrial Court and also to the Labour Court in whose jurisdiction the registered office of the recognised union is located. Return shall be in Form 29. Such return shall be submitted by registered post A.D. in January and July of every calendar year commencing from the date of recognition of the Union as a recognised union under the Act. Industrial Court, as well as Labour Court shall maintain year-wise file of such returns. Immediately on receipt of such return under Section 52 of the Act entry shall be made in the register maintained in respect of such returns.

TABLE A

Fees Chargeable in Industrial Court/Labour Court in respect of processes, etc.

Name of process, etc

1. For each summons or Notice

(a) To a single defendant, respondent or

witnesses

(b)To every additional defendant, respondent

or witness residing in the same village or town

or within the same Municipal limits if the

processes be applied for at the same time

2 .For every warrant-

(a) of arrest in respect of every person to be

arrested. Confirm text at this place from original file

Note (i)-Where a summons or notice to a defendant or respondent is to be served by post registered for acknowledgement, the process fee levied shall in no case be less than the actual amount required for registration and postage.

Note (ii)-With the sanction of the Court any party may pay the cost of proceeding by railway or any public conveyance where such conveyance is available and in such case the process-server shall be bound to proceed by such railway or public conveyance.

Note (iii)-No fee is to be charged for any process issued by a Court of its own motion.

TABLE 'B'

Rules regarding payment of Daily allowance and Travelling allowance to witnesses

(1) Rule 26 provides that processes shall be served at the expense of the party on whose behalf they are issued unless the Court otherwise directs and that the Court-fees chargeable shall be paid within the time fixed by the Court.

(2) For the purpose of payment of daily allowance, witnesses are divided into the following classes:

Class I.-Professional men of high position, Members of Parliament and of the State Legislatures, large land owners and owners of big business organisation and upper grade employees in business organisations, Corporations and Local Bodies, and Class I Government Officials who are required to attend the Court in their private capacity.

Class II.- Members of local bodies, ordinary professional and businessmen; land owners other than small farmers; junior employees in business organisation in Corporations and Local Bodies in corresponding grades and Class 11 Government Officials who are required to attend the Court in their private capacity.

Class III.- Artisans, Clerks, Small Land Owners, Village Officers and Officers in lower grades of Corporations, local bodies and business organisations and Class III Government Officials who are required to attend the Court in their private capacity.

Class IV.- Labourers, petty shop-keepers, pedlars and persons others than those in the above classes and class IV Government Servants who are required to attend the Court in their private capacity.

(3) The daily allowance for the various classes should be as follows:

Class I

Class II

Class III

Class IV

(4) In special cases, and in particular where a person is being examined as an expert, the Court may require such sums as appear reasonable to be paid to a witness. The reasons for ordering payment of higher amounts should be recorded by the Court.

(5) Daily allowance shall be given not only for the period of actual attendance but also for any reasonable time spent in the journey to and from the Court, the ordinary mode of conveyance available being taken into consideration. When the journey is made on foot, 15 miles a day shall be reckoned as the day's journey and daily allowance should be paid accordingly.

(6) Travelling expenses will be granted according to the rates specified below in all cases in which the Court deems such expenses to be reasonable having due regard to the distance to be traversed and the position and circumstances of the witness:

(i) When the journey is by road, the actual expenses incurred provided

(ii) When the journey is wholly or partly by rail or steamer :-

(a) Witness of Class I

(b) Witness of Class 11 and Class III

(c) Witness of Class IV

(7) Peculiar cases not provided for in the above rules are to be dealt with according to their own merits and at the discretion of the Court from which daily allowance or the travelling allowance is demanded.

(8) Witnesses produced under warrants of arrest should receive daily allowance at the appropriate rates specified in Rule 3 above.

(9) When Government as a party to a case asks for a summons to one of its servants for appearance in Court as a witness it is not required to deposit in Court anything on account of daily allowance and travelling allowance of the witness. In no case should any money deposited by a party for calling a Government Servant as a witness accompany the summons.

Fees to Chartered Accountant :

(10) The fee to be paid to a Chartered Accountant or his qualified Assistant for each day spent in attending a Court or in travelling for the purpose of attending a Court as a witness shall be as specified in Columns 2 or 3 as the case may be of the Schedule appended hereto in accordance with his professional standing for the years as specified in Column 1 thereof:

Professional standing

Of more than 5 years or less

Of more than 5 years but not exceeding

10yrs

Of more than 10 years but not exceeding

15 years

Of more than 15 years

Note:

(1) The expression "expert evidence" includes evidence which an accountant is called upon to give by virtue of his having conducted audits or investigation.

(2) Chartered Accountants or their qualified Assistants should not ordinarily be summoned except when their evidence is absolutely necessary. Whenever they are required in Courts as Witnesses they should not, as far as possible, be asked to be present on days on which their evidence is not likely to be recorded.

(11) When the hearing of a case is adjourned to a future day and a party requires the re-attendance on that day of a witness present in Court, whether summoned or brought by a party to give evidence, such witness, before leaving the Court, may, on the motion of the party be served with an order of re-attendance provided that the party pays immediately his travelling and other expenses for re-attendance.

(12) A witness who has been summoned and who has been ordered to re-attend may be required to give security.