BOMBAY INDUSTRIAL RELATIONS AND INDUSTRIAL DISPUTES (GUJARAT AMENDMENT) ACT, 1972
GUJARAT ACT NO. 21 OF 1972.
(First published, after having received the assent of the President in the “Gujarat Government Gazette” on the 19th October, 1972.)
An Act further to amend the Bombay Industrial Relations Act, 1946 and the Industrial Disputes Act, 1947 in its application to the State of Gujarat.
It is hereby enacted in the Twenty-third Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Bombay Industrial Relations and Industrial Disputes (Gujarat Amendment) Act, 1972.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 3 of Bom. XI of 1947.
Bom. of XI of 1947.
2. In section 3 of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as "the Bombay Act”), after clause. (11), the following clause shall be inserted, namely:—
“(11A) “Council” means a Joint Management Council for any undertaking constituted under section 53A”.
Insertion of Chapter IXA in Bom. XI of 1947.
3. After Chapter IX of the Bombay Act, the following Chapter shall be inserted, namely:—
“CHAPTER IXA
JOINT MANAGEMENT COUNCILS.
Constitution of Joint Management Councils.
53A. (1) If in respect of any industry, the State Government is of opinion that it is desirable in public interest to take action under this section, it may, in the case of all undertakings or any class of undertakings in such industry, in which five hundred or more employees are employed or have been employed on any day in the preceding twelve months, by general or special order, require the employer to constitute in the prescribed manner and within the prescribed time limit a Joint Management Council, consisting of such number of members as may be prescribed, comprised of representatives of employers and employees engaged in the undertaking, so however that the number of representatives of employees on the Council shall not be less than the number of representatives of the employers. Notwithstanding anything contained in this Act, the representatives of the employees on the Council shall be elected in the prescribed manner by the employees engaged in the undertaking from amongst themselves:
Provided that a list of industries in respect of which no order is issued under this sub-section shall be laid by the State Government before the State Legislature within thirty days from the commencement of its first Session of each year.
(2) One of the members of the Council shall be appointed as Chairman in accordance with rules made in this behalf.
Functions of council.
53B. (1) The Council shall be charged with the general duty to promote and assist in the management of the undertaking in a more efficient, orderly and economical manner, and for that purpose and without prejudice to the generality of the foregoing provision, it shall be the duty of the Council—
(а) to promote cordial relations between the employer and employees;
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in productivity;
(d) to secure better administration of welfare measures and adequate safety measures;
(e) to train the employees in understanding the responsibilities of management of the undertaking and in sharing such responsibilities to the extent considered feasible; and
(f) to do such other things as may be prescribed.
(2) The Council shall be consulted by the employer on all matters relating to the management of the undertaking specified in sub-section (1) and it shall be the duty of the Council to advise the employer on any matter so referred to it.
(3) The Council shall be entrusted by the employer with such administrative functions, appearing to be connected with, or relevant to, the discharge by the Council of its duties under this section, as may be prescribed.
(4) It shall be the duty of the employer to furnish to the Council necessary information relating to such matters as may be prescribed for the purpose of enabling it to discharge its duties under this Act,
(5) The Council shall follow such procedure in the discharge of its duties as may be prescribed.”.
Insertion of section 106B in Bom. XI of 1947.
4. After section 106A of the Bombay Act, the following section shall be inserted, namely:—
Penalty for failure to nominate members on council by employer.
“106B. Any employer who fails to nominate his representatives to be appointed as members of the Council within the time limit specified for the constitution of the Council under sub-section (1) of section 53A shall, on conviction, be punishable with fine which may extend to fifty rupees and in the case of a continuing failure, with an additional fine which may extend to fifty rupees for every day during which such failure continues.”.
Amendment of section 123 of Bom. XI of 1947
5. In section 123 of the Bombay Act, in sub-section (2), after clause (y) the following clauses shall be inserted, namely:—
"(y-a) the manner of constituting a Council and filling of vacancies therein, the number of members of such Council, and the manner of electing the representatives of employees under sub-section (1) of section 53A;
(y-b) the other things which a Council may do under clause (f) of sub-section (1) of section 53B;
(y-c) the administrative functions with which a Council shall be entrusted under sub-section (3) of section 53B;
(y-d) matters relating to which information shall be furnished to the Council by the employers under sub-section (4) of section 53B;
(y-e) the procedure to be followed by the Council in the discharge of its duties, under sub-section (5) of section 53B;”.
Amendment of section 2 of XIV of 1947.
XIV of 1947.
6. In section 2 of the Industrial Disputes Act, 1947 in its application to the State of Gujarat (hereinafter referred to as “the Central Act”), after clause (ee), the following clause shall be inserted, namely:—
“(eee) “Council” means a Joint Management Council for any industrial establishment constituted under section 3A;”.
Insertion of section 8A in XIV of 1947.
7. After section 3 of the Central Act, the following section shall be inserted, namely:—
Joint Management Council
“3A. (1) If in respect of any industry, in relation to the industrial dispute in which the appropriate Government is the State Government, the State Government is of opinion that it is desirable in public interest to take action under this section, it may, in the case of all industrial establishments or any class of industrial establishments in such industry, in which five hundred or more workmen are employed or have been employed on any day in the preceding twelve months, by general or special order, require the employer to constitute in the prescribed manner and within the prescribed time limit a Joint Management Council consisting of such number of members as may be prescribed, comprised of representatives of employers and workmen engaged in the establishment, so however that the number of representatives of workmen on the Council shall not be less than the number of representatives of the employers. The representatives of the workmen on the Council shall be elected in the prescribed manner by the workmen engaged in the establishment from amongst themselves:
Provided that a list of industries in respect of which no order is issued under this sub-section shall be laid by the State Government before the State Legislature within thirty days from the commencement of its first Session of each year.
(2) One of the members of the Council shall be appointed as Chairman in accordance with rules made in this behalf.
Functions of the Council.
3B. (1) The Council shall be charged with the general duty to promote and assist in the management of the industrial establishment in a more efficient, orderly and economical manner, and for that purpose and without prejudice to the generality of the foregoing provision, it shall be the duty of the Council—
(а) to promote Cordial relations between the employer and employees;
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in productivity;
(d) to secure better administration of welfare measures and adequate safety measures;
(e) to train the employees in understanding the responsibilities of management of the undertaking and in sharing such responsibilities to the extent considered feasible; and
(f) to do such other things as may be prescribed.
(2) The Council shall be consulted by the employer on all matters relating to the management of the industrial establishment specified in sub-section (1) and it shall be the duty of the Council to advise the employer on any matter so referred to it.
(3) The Council shall be entrusted by the employer with such administrative function appearing to be connected with, or relevant to, the discharge by the Council of its duties under this section as may be prescribed.
(4) It shall be the duty of the employer to furnish to the Council necessary information relating to such matters as may be prescribed for the purpose of enabling it to discharge its duties under this Act.
(5) The Council shall follow such procedure in the discharge of its duties as may be prescribed.”.
Insertion of section 30A in XIV of 1947.
8. After section 30 of the Central Act, the following section shall be inserted, namely:-
Penalty for failure to nominate members on council by employer.
“30A. Any employer who fails to nominate his representatives to be appointed as members of the Council within the time limit specified for the constitution of the Council under sub-section (1) of section 3A shall, on conviction, be punishable with fine which may extend to fifty rupees and in the case of a continuing failure, with an additional fine which may extend to fifty rupees for every day during which such failure continues.”.
Amendment of section 33 of XIV of 1947.
9. In section 33 of the Central Act, in sub-section (2), after clause (b), the following clauses shall be inserted, namely:-
“(b-1) the manner of constituting a Council and filling of vacancies therein, the number of members of such Council, and the manner of electing the representatives of workmen under sub-section (1) of section 3A;
(b-2) the other things which a Council may do under clause (f) of sub-section (1) of section 3B;
(b-3) the administrative functions with which a Council shall be entrusted under sub-section (3) of section 3B;
(b-4) matters relating to which information shall be furnished to the Council by the employers under sub-section (4) of section 3B;
(b-5) the procedure to be followed by the Council in the discharge of its duties under sub-section (5) of section 3B.”. |
