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Bombay Industrial Relations Act

Bombay Industrial Relations Act

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Published by: api-3861717 on Oct 19, 2008
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03/18/2014

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Objects of the Act:
In the preamble of the Bombay Industrial Relations Act, 1946, importantobjects of the passing of the Act are given. In the preamble it is stated,“An Act to regulate the relations of employers and employees to makeprovision for settlement of industrial disputes and to provide for certainother purposes.Whereas it is expedient to provide for the regulations of the relations of the employers and employees in certain matters, to consolidate andamend the law relating to the settlement of industrial disputes and toprovide for certain other purposes.”Thus the basic objective of the Act is to regulate the relations of employers and employees in the industries to which this Act applies andalso to make provisions for settlement of industrial disputes. For thepurpose of the Act, different authorities have been appointed orconstituted under this Act. Chapter III of the Act provides for theregistration of unions while Chapter V deals with the representatives of employers and employees and appearance on their behalf. Besidesthese, provisions have been made in the Act relating to standing orders(Chapter VII), joint committees (Chapter XI), Wage boards and StateWage boards (Chapter XII-A), illegal strikes and lockouts (Chapter XIV),etc.
 
Definitions:
In Bombay Industrial Relations Act, 1946, unless the context requiresotherwise, -(1)
Central Act
means the Industrial Disputes Act, 1947, XIV of 1947;(2)
Concern
means any premises including the precincts thereof whereany industry to which the Central Act applies is carried on(3)
Court
for the purposes of Chapters VI and VII means the IndustrialCourt, or as the case may be, the Labour Court :(4)
Employee
in relation to an industry to which the Bombay Act for thetime 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 asdefined in clause(s) of section 2 of the Central Act (5)
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 BombayAct; and in any other case, means an employer as defined in clause (g)of section 2 of the Central Act;(6)
Industry
in relation to an industry to which the Bombay Act appliesmeans an industry as defined in clause (19) of section 3 of the BombayAct, and in any other case, means an industry as defined in clause (j) of section 2 of the Central Act(7)
Industrial
 
Court
 
means an Industrial Court constituted under section
 
(8)
Investigating
 
Officer
means an officer appointed under section 8;(9)
Labour Court
means a Labour Court constituted under section 6;(10)
Member
means a person who is an ordinary member of a union, andhas paid a subscription to the union of not less than 50 paisa percalendar 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 calendarmonths during the period of a six months immediately preceding suchtime, and the expression "membership" shall be construed, accordingly.
Explanation
: A subscription for a calendar month shall, for the purposeof this clause, be deemed to be in arrears, if such subscription is notpaid within three months after the end of the calendar months inrespect of which it is due(11)
Order
means an order of the Industrial or Labour Court(12)
Recognised
 
Union
means a union which has been issued acertificate of recognition under Chapter III(13)
Schedule
means a Schedule to this Act(14)
Undertaking
for the purposes of Chapter III, means any concern inindustry to be one undertaking for the purpose of that Chapter :Provided that, the State Government may notify a group of concernsowned by the same employer in any industry to be undertaking for thepurpose of that Chapter(15)
Union
means a trade union of employees, which is registered underthe Trade Unions Act, 1926

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