Bare Act Search Results

Bombay Industrial Relations Act, 1946, (Maharashtra) Preamble 1

Title: Bombay Industrial Relations Act, 1946

State: Maharashtra

Year: 1946

1The Bombay Industrial Relations Act, 19462 [Bombay Act, No. XI of 1947] [15th April, 1947] Preamble An Act to regulate the relations of employers and employees, to make provision for settlement of industrial disputes and to provide for certain other purposes, Whereas it is expedient to provide for the regulation of the relations of employers and employees in certain matters, to consolidate and amend the law relating to the settlement of industrial disputes and to provide for certain other purposes. It is hereby enacted as follows:- ____________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1946, Pt. V. p. 209; and for Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1946, Vol. IX; and for Proceedings in Council, see Bombay Legislative Council, Debates, 1946, Vol XI. 2. This Act is extended to the rest of the State of Maharashtra (vide Mah. 22 of 1965, s.2)

The Bombay Industrial Relations Act, 1946 Complete Act

State: Maharashtra

Year: 1946

.....community as a whole; Footnotes: 21. Subs, by the Adaptation of Laws Order, 1950. (19) ˜˜industry'' means (a) any business, trade, manufacture or undertaking or calling of employers; (b) any calling, service, employment, handicraft, or industrial occupation or a vocation of employees; and includes - (i) agriculture and agricultural operations; (ii) any branch of an industry or group of industries which the 22[State Government may by notification in the Official Gazette declare to be an industry for the PI1 of this Act; (20) "Joint Committee" means a Joint Committee constituted under section 48; (21 ) "Labour Court" means a Labour Court constituted under section 9; (22) "Labour Officer" means an officer appointed to perform the duties of a Labour Officer under this Act; and includes in respect of such powers and duties of the Labour Officer as may be conferred and imposed on him, as Assistant Labour Officer; (23) ˜local area" means any area 23[including the entire State)] notified as a local area for the purpose of this Act 24[or for different industries;] (24) "lock-out" means the closing of a place or part of a place of employment or the total or partial.....

The Trade Unions and Bombay Industrial Relations (Amendment) Act, 1967 Complete Act

State: Central

Year: 1967

.....of Certain Disputes" shall be added, SECTION 03: INSERTION OF NEW SECTION 284A IN CHAPTER III OF ACT XVI OF 1926 In Chapter III of the principal Act, after section 28, the following new section shall be inserted, namely "28-IA. Power of Industrial Court to decide certain disputes (1) Where there is a dispute as respects whether or not any person is an office-bearer or member of a registered Trade Union (including any dispute relating to wrongful expulsion of any such office-bearer or member), or where there is any dispute relating to the property (including the account books) of any registered Trade Union, any member of such registered Trade Union for a period of not less than six months may, with the consent of the Registrar, and in such manner as may be prescribed, refer the dispute to the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, for decision. (2) The Industrial Court-shall, after hearing the parties to the dispute, decide the dispute; and may require an office-bearer or member of the registered Trade Union, to be appointed whether by election or otherwise under the supervision of such person as the Industrial Court may appoint in this.....

Industrial Reconstruction Bank of India Act, 1984 Section 49

Title: Power of Central Government to Grant Relief in the Case of Certain Assisted Industrial Concerns

State: Central

Year: 1984

.....of the business of the assisted industrial concern; (g) the payment in cash or otherwise to the members and other creditors in full satisfaction of their claims -- (i) in respect of their interests or rights, in, or against, the assisted industrial concernbefore the reconstruction or amalgamation; or (ii) where their interests or rights aforesaid, in, or against, the assisted industrial concern has or have been reduced under clause (f), in respect of such interests or rights as so reduced; (h) the vesting of controlling interest, in the reconstructed industrial concern, in the Central Government or its nominee either by the appointment of additional director or by the allotment of additional shares; (i) the allotment to the members of the assisted industrial concern, for any share or shares held by them therein before its reconstruction or amalgamation (whether their interest on such shares has been reduced under clause (f) or not), of shares in the assisted industrial concern on its reconstruction, or, as the case may be, in the transferee industrial concern and where any member claims payment in cash and not allotment of shares, or where it is not possible.....

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 2

Title: Extent, Commencement and Application

State: Maharashtra

Year: 1946

..... (3) In the areas in which the Bombay Industrial Disputes Act, 1938 (Bom XXV of 1938), was in force immediately before the commencement of this Act, this Act shall apply to the industries to which the said Act applied : 4[Provided that this Act shall cease to apply with effect from the date on which the Bombay Industrial Relations (Amendment) Act, 1949, (Bom. LV of 1949) comes into force, to the Imperial Bank of India and any banking company as defined in section 5 of the Banking Companies Act, 1949, (X of 1949) having branches or other establishments in more than one5[State]. (4) The6[State] Government may by notification in the Official Gazette apply all or any of the provisions of this Act to all or any other industries, whether generally or any local area as may be specified in such notification. 7[Provided that on the commencement of the Bombay Industrial Relations (Extension and Amendment) Act, 1964 (Mah. XXII of 1965 CP), all the provisions of this Act shall apply to those industries in the Vidarbha area of the State to which the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (XXIII of 1947), applied.] 8[(5)The State Government may, by.....

Maharashtra Industrial Relation to (Validation of Certain Proceedings) Act, 1972 Complete Act

State: Maharashtra

Year: 1972

.....of India as follows :" SECTION 01: SHORT TITLE This Act may be called the Maharashtra Industrial Relations (Validation of Certain Proceedings) Act, 1972. SECTION 02: TEMPORARY AMENDMENT OF SECTION 42 AND VALIDATION AND DISPOSAL OF PROCEEDINGS INSTITUTED IN LABOUR Courts and in Industrial Court under certain provisions of Bom XI of 1947 (1) During the relevant period, the provisions of sub-section (4) of section 42 of the principal Act shall be deemed to be deleted: and accordingly, any such proceeding commenced during the relevant period and pending at the commencement of the Maharashtra Industrial Relations (Validation of Certain Proceedings) Act, 1972, before any Labour Court or before the Industrial Court in appeal, shall be and shall be deemed to have been duly and validly commenced before such Labour Court, or, as the case may be, maintained before the Industrial Court, and no such proceeding or appeal shall be dismissed or set aside on the ground only that proceedings under paragraph D of sub-section (1) of section 78 of the principal Act were commenced without following the procedure prescribed by sub-section (4) of section 42 of the principal Act, and the proviso.....

The Maharashtra Industrial Relation to (Validation of Certain Proceedings) Act, 1972 Complete Act

State: Maharashtra

Year: 1972

.....Special Civil Application No. 812 of 1966, decided on 12th day of April 1967, held " ".....for working out of the rights under paragraph D of sub-section (1) of section 78 of the Bombay Industrial Relations Act, 1946, it was not necessary for an employee first to approach an employer or to follow the procedure under subsection (4) of section 42 of that Act, and its proviso of the Act", and dismissed the petition with costs (this decision being hereinafter in this Act referred to as "the High Court decision") ; AND WHEREAS, the Supreme Court of India, in Civil Appeal No. 12 of 1968, decided almost five years later, that is on the 9th day of March 1972, has taken a contrary view, and overruled the High Court decision (vide 1972, Vol. I Labour Law Journal 657)(hereinafter this decision being referred to in this Act as "the Supreme Court decision") ; AND WHEREAS, during the period commencing on the 12th day of April 1966 (being the date of "the High Court decision") and ending on the 9th day of March 1972 (being the date of the "the Supreme Court decision") (hereinafter in this Act referred to as "the relevant period"), in reliance of the High Court decision, several.....

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 119A

Title: Contempt of Industrial Court, Labour Courts and Wage Board Relating to Omission to Produce Documents Etc.

State: Maharashtra

Year: 1946

.....rupees or with both. (3) If any offence under sub-section (1) or (2) is committed in the view or presence of the Industrial Court or a Labour Court or a Wage Board, as the case may be, such Court or Wage Board may, after recording the facts constituting the offence and the statement of the accused as provided in3[the Code of Criminal Procedure, 1973 (II of 1974),] 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. __________________________ 1. Sections 119A and 119B were inserted by Bom. 43 of 1948, s. 27, 2. These words were inserted by Bom. 63 of 1953, s. 28. 3. These words and figures were substituted for the words and figures "the Code of Criminal Procedure, 1898", by Mah. 47 of 1977, s. 12.

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 10

Title: Industrial Court

State: Maharashtra

Year: 1946

.....by such dispute: Provide that no person shall be deemed to be connected with the industrial dispute or with the industry by reason only of the fact that he is a share-holder of an incorporated company which is connected with, or likely to be affected by such industrial dispute; but in such a case, he shall disclose to the State Government the nature and extent of the shares held by him in such company.] (4) Every member of the Industrial Court shall be a person who is or has been a judge of High Court or is eligible for being appointed a judge of such Court: 3[Provided that,- (a) a person who has been a Judge not lower in rank than that of Assistant Judge, for not less than three years; or (b) a person who has been the presiding officer of a Labour Court constituted under any law for the time being in force, for not less than five years; or (c) a person who holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government, for not less than ten years, shall also be eligible for appointment as a member of the Industrial Court.....

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 87

Title: Duties of Industrial Court

State: Maharashtra

Year: 1946

.....to it under sections 71, 72,3[73 or 73A]; (vii) to decide matters referred to it under section 90; (viii) to decide questions relating to the interpretation of this Act or rules made thereunder and standing orders referred to it under section 91; (ix) to decide references made to it under section 99; 4[(ix-a) to modify an award under section 116A]; (x) to decide such other matters as may be referred to it under this Act or the rules made thereunder5[or under any law for the time being in force]; (b) to decide appeals made under section 84 from a decision of a Labour Court; 6[(c) to decide appeals made under section 86G from an order or decision of a Wage Board.] _____________________ 1. These figuress, letter and word were substituted for the word and figures "or 44" Mah. 22 of 1965, s. 38(a). 2. This sub-clause was inserted, Mah. 22 of 1965, s. 38(b). 3. The figures, word, and letter were substituted for the word and figures "or 73" by Bom. 74 of 1948, s. 19(a). 4. This sub-clause was inserted, Bom. 74 of 1948, s. 19(b). 5. These words were added by Mah. 3 of 1968, s. 3. 6. This clause was inserted, by Bom. 43 of 1948, s. 17.