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The Bombay Industrial Relations Act, 1946

Maharashtra

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.

Act number
11 of 1947
Ministry
Govt of Maharashtra
Department
Industries, Energy and Labour Department
Enacted
15 Apr 1947

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

173 sections

  1. Section 1Short title.
  2. Section 2Extent, commencement and application.
  3. Section 3Definitions.
  4. Section 4Commissioner of Labour.
  5. Section 5Registrar, Additional Registrars and Assistant Registrars.
  6. Section 6Conciliators.
  7. Section 7Board of Conciliation.
  8. Section 8Labour Officers and Assistant Labour Officers.
  9. Section 9Labour Courts.
  10. Section 10Industrial Courts.
  11. Section 11Recognition of undertakings and occupations.
  12. Section 12Maintenance of registers and approved list.
  13. Section 13Application for registration.
  14. Section 14Registration of Union.
  15. Section 15Cancellation of registration.
  16. Section 16Registration of another union in place of existing registered union.
  17. Section 17Application for re-registration.
  18. Section 18Liability of union or members not relieved by cancellation.
  19. Section 19Periodical returns to be submitted to Registrar.
  20. Section 20Appeal to Industrial Court from order of Registrar.
  21. Section 21Publication of order.
  22. Section 22Registration of union for more than one local area.
  23. Section 23Approved list : maintenance of : conditions for being entered in.
  24. Section 23AApproved union to continue to be so for altered local area for some time.
  25. Section 23BRecognised union under C. P. and Berar XXIII of 1947 to be approved union for purposes of this Act.
  26. Section 24Removal from approved list.
  27. Section 24AAppeal to Industrial Court from order of Registrar under Chapter IV.
  28. Section 25Rights of Officers of approved unions.
  29. Section 26Legal aid to approved unions at Government expense in important proceedings.
  30. Section 27Recognition of combination of employers as association of employers.
  31. Section 27AARecognised association of employers to continue to be so for altered local areas.
  32. Section 27AAppearance on behalf of employees.
  33. Section 28Election of representatives of employees.
  34. Section 29Act or decision of majority to be deemed to be act or decision of all.
  35. Section 30Representative of employees.
  36. Section 31Registered or representative union to continue to be so for altered local area for some time.
  37. Section 32Persons who may appear in proceedings.
  38. Section 33Appearance for employee.
  39. Section 33APersons who may appear in proceeding in which there is dispute between employers and employees.
  40. Section 34Powers and duties of Labour Officer.
  41. Section 35Settlement of Standing Orders by Commissioner of Labour.
  42. Section 36Appeal to Industrial Court.
  43. Section 37Review.
  44. Section 38No alteration in standing orders for one year.
  45. Section 39Alteration in standing orders.
  46. Section 40Standing orders to be determinative.
  47. Section 40AModel standing orders in respect of additional or altered matters to apply to certain workmen, if they are not less advantageous.
  48. Section 41Act XX of 1946 not to apply to certain industries.
  49. Section 42Notice of change.
  50. Section 43Notice of change when to be deemed general notice.
  51. Section 44Agreement regarding change.
  52. Section 44ARegistration of agreements under Section 42(4).
  53. Section 44BCertain settlements deemed to be Agreements.
  54. Section 45Agreements to come into force.
  55. Section 46Illegal change.
  56. Section 47Employer to make change etc., within certain time.
  57. Section 48Constitution of Joint Committees.
  58. Section 49Composition of Joint Committee.
  59. Section 50Proceedings of Joint Committee.
  60. Section 51Proposal for change.
  61. Section 52Special intimation for change and special application to Labour Court.
  62. Section 53Decision of respective representatives binding on union and employer.
  63. Section 54Report of dispute to be sent to Registrar, Chief Conciliator and Conciliator.
  64. Section 55Commencement of conciliation proceeding.
  65. Section 56Conciliation proceeding.
  66. Section 57Power of Chief Conciliator to intervene.
  67. Section 58Settlement and report.
  68. Section 59Reference to Board.
  69. Section 60Procedure and powers of Conciliator and Board.
  70. Section 61Reference to Industrial Court by Conciliator or Board.
  71. Section 62Time limit for stages of conciliation proceeding.
  72. Section 63Completion of conciliation proceeding.
  73. Section 64Conciliation proceedings not to be commenced or continued in certain cases.
  74. Section 65Conciliation proceeding discontinued deemed to be completed.
  75. Section 66Submission.
  76. Section 67Submission when revocable.
  77. Section 68Proceedings in arbitration.
  78. Section 69Special case to be stated to Industrial Court.
  79. Section 70Award by arbitrator.
  80. Section 71Dispute to be referred to Labour Court or Industrial Court if no arbitrator appointed.
  81. Section 72Disputes between employers and employees may be referred to by State Government to arbitration of Labour Court or Industrial Court.
  82. Section 73State Government may refer Industrial dispute to Industrial Court for arbitration.
  83. Section 73AAPower of State Government to include other undertakings in references to Labour or Industrial Court.
  84. Section 73AReference to arbitration by unions.
  85. Section 74Notice of award to parties.
  86. Section 75Date on which award shall come into operation.
  87. Section 76Completion of arbitration proceeding.
  88. Section 76AProcedure to give effect to awards affecting State Government.
  89. Section 77Territorial Jurisdiction.
  90. Section 78Powers of Labour Court.
  91. Section 79Commencement of Proceedings.
  92. Section 80Labour Court to give notice to parties affected and permit appearance of parties.
  93. Section 80AProcedure to be followed in an application under section 79 by an employer when employees affected are numerous.
  94. Section 80BWhen an employee, who is not permitted to appear may be allowed to join as party.
  95. Section 80CProcedure to be followed in an application under section 79 by employees when employees affected are numerous.
  96. Section 80DJudge of Labour Court to record minutes of proceedings, averments, etc.
  97. Section 81Reference to Industrial Court by Labour Court.
  98. Section 82Cognizance of offences.
  99. Section 83Powers and procedure of Labour Courts in trials.
  100. Section 83ALegal practitioners excluded from appearance in certain proceedings in Labour Courts.
  101. Section 83BPower of Labour Court to award costs and execution of order as to costs.
  102. Section 84Appeals.
  103. Section 85Industrial Court to exercise superintendence over Labour Courts.
  104. Section 85APower of Industrial Court to transfer proceedings.
  105. Section 86Decision, etc., of Labour Court not to be called in question.
  106. Section 86AWage Boards.
  107. Section 86BConstitution of Wage Boards.
  108. Section 86CReference to Wage Boards.
  109. Section 86CCReference to Wage Boards by certain registered unions.
  110. Section 86DProceedings not to be commenced or continued before Conciliator, Board, etc.
  111. Section 86EProcedure before Wage Boards.
  112. Section 86EEComing into operation of decision of Wage Boards.
  113. Section 86FProcedure to give effect to decision of Wage Boards affecting State Government.
  114. Section 86GAppeals.
  115. Section 86HParties on whom order or decision of Wage Boards is binding.
  116. Section 86IReview of order or decision by Wage Board.
  117. Section 86JSuperintendence by Industrial Court.
  118. Section 86KOrder or decision of Wage Board not to be called in question.
  119. Section 86KKTransfer of certain disputes to Wage Board.
  120. Section 86LState Wage Board.
  121. Section 87Duties of Industrial Court.
  122. Section 88Powers of Industrial Court.
  123. Section 89Cancellation of registration of union.
  124. Section 90Reference on point of law.
  125. Section 91Reference regarding interpretation of Act and Rules.
  126. Section 92Procedure before Industrial Court.
  127. Section 93Execution of order as to costs.
  128. Section 94Parties on whom orders of Industrial Court binding.
  129. Section 95Order of Industrial Court to be final except on review.
  130. Section 95ALaw declared by Industrial Court to be binding.
  131. Section 96Officer to appear in proceeding before Industrial Court.
  132. Section 97Illegal strikes.
  133. Section 97AStoppage of work by employees in certain circumstances illegal.
  134. Section 98Illegal lock-outs.
  135. Section 98AClosure of work by employer in certain circumstances illegal.
  136. Section 99Reference to Industrial Court for declaration whether strike, lock-out, closure or stoppage is illegal.
  137. Section 100Court of Enquiry; constitution, duties and powers of.
  138. Section 101Employer not to dismiss, reduce or punish an employee.
  139. Section 102Fine for declaring illegal lock-out or illegal closure.
  140. Section 103Fine for declaring or commencing illegal strike or illegal stoppages.
  141. Section 104Fine for instigating etc., illegal strikes, lock-outs, closures and stoppages.
  142. Section 105Penalty for disclosing confidential information.
  143. Section 106Fine for illegal change.
  144. Section 106APenalty for failure to appoint members on Joint Committee.
  145. Section 107Fine for contravention of a standing order.
  146. Section 108Fine for obstructing persons from carrying out duties.
  147. Section 109Fines for offences not provided for elsewhere.
  148. Section 110Recovery of fines, penalties and compensation.
  149. Section 111Record of industrial matters, etc.
  150. Section 112Inquiry for verification of records.
  151. Section 113Modifications in Schedules.
  152. Section 113ADismissal of certain applications for want of prosecution.
  153. Section 114Agreement, etc., on whom binding.
  154. Section 115Order or decision of Wage Board or Labour Court on whom binding.
  155. Section 115AOrder, decision or award to be in terms of agreement between employer and Representative Union.
  156. Section 116Agreement, etc., when to cease to have effect.
  157. Section 116AModification of award.
  158. Section 117Liability of the executive of a union.
  159. Section 118Powers of certain authorities to summon witnesses, etc.
  160. Section 118AOffences under section 104 cognizable.
  161. Section 118BConsequence of non-appearance of parties.
  162. Section 119Certain officers to be public servants.
  163. Section 119AContempt of Industrial Court, Labour Courts and Wage Boards relating to omission to produce documents, etc.
  164. Section 119BOther kinds of contempts of Industrial Court, Labour Courts and Wage Boards.
  165. Section 119CPower of Industrial Court, etc., to decide all connected matters.
  166. Section 119DPower of Industrial Court, etc., to pass interim orders.
  167. Section 119EProtection of action taken under this Act.
  168. Section 120Provisions of Act VII of 1929 not to be affected.
  169. Section 121Repeal of Bom. IX of 1934.
  170. Section 122Repeal of Bom. XXV of 1938.
  171. Section 122ADelegation of powers.
  172. Section 123Rules.
  173. Section 123ARepeal of C. P. and Berar XXIII of 1947.