Section 3. Works Committee

(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926). (2) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters. STATE AMENDMENT Manipur In section 3 of the Disturbed Areas (Special Courts) Act, 1976, (hereinafter referred to as the Principal Act):-- (a) in sub-section (1), between the words, “communities”, and “it may”, the following words, brackets and figures shall be inserted, namely— “or by reason of extension and indiscriminate armed violence by members of an association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967”; (b) in sub-section (2)— (i) In clause (a) of the proviso, the word “and” appearing at the end shall be deleted, and the words, letters and brackets, “save in respect of the cases referred to in clause (aa)”, shall be inserted in the beginning, and (ii) below clause (a) of the proviso so amended, the following clause shall be added, namely:-- “(aa) in respect of extensive and indiscriminate armed violence by members of any association declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967, no period commencing from a date earlier than the date of publication of the notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of 1958) in respect of that area or earlier than two years before the date of publication of the notification under sub-section (1), shall be specified therein; and “. [Vide Manipur Act 11 of 1982, s. 2] Rajasthan Insertion of new section 3A, in Central Act XIV of 1947.-After section 3 of the principal Act, the following new section shall be inserted, namely- "3A. Registrar and Assistant Registrar.-(1) The State Government shall, by notification in the Official Gazette, appoint a person to be the Registrar of Unions for the purpose of this Act for the whole of the State. (2) The State Government may, by similar notification, appoint a person to be the Assistant Registrar of Unions for any local area and may, by general or special order, confer on such person all or any of the powers of the Registrar of Unions under this Act." [Vide Rajasthan Act 34 of 1958, s. 4] Insertion of new Chapter II-B in Central Act XIV of 1947.- After section 9B of the principal Act, the following new Chapter shall be inserted, namely:- "CHAPTER II-B Registration of Unions. 9C. Maintenance of register.-It shall be the duty of the Registrar to maintain in such form as may be prescribed a register of Unions registered by him under the provisions of this Act. 9D. Application for Registration.-Any Union which has for the whole of the period of three months next preceding the date of its so applying under this section a membership of not less than fifteen per cent. of the total number of workmen employed in unit of an industry may apply in the prescribed form to the Registrar for registration as a Representative Union. 9E. Registration of Union.-On receipt of an application from a Union for registration under section 9D and on payment of the fee prescribed, the Registrar shall, if, after holding such inquiry as he deems fit, he comes to the conclusion that the conditions requisite for registration specified in the said section are satisfied and that the Union is not otherwise disqualified for registration, enter the name of the Union in the appropriate register maintained under section 9C and issue a certificate of registration in such form as may be prescribed: Provided that- (i) where two or more Unions fulfilling the conditions necessary for registration under this Act apply for registration in respect of the same unit of an industry, the Union having the largest membership of employees employed in the unit of the industry shall be registered; and (ii) the Registrar shall not register any Union if he is satisfied that the application for its registration is not made bona fide in the interest of the workmen but is made in the interest of the employers to the prejudice of the interest of the workmen. 9F. Cancellation of registration.-The Registrar shall cancel the registration of a Union- (a) if, after holding such inquiry, if any, as he deems fit he is satisfied- (i) that it was registered under mistake, misrepresentation or fraud; or (ii) that the membership of the Union has for a continuous period of three months fallen below the minimum required under section 9D for its registration: Provided that where a strike or a closure not being an illegal strike or closure under this Act in a unit of industry involving more than one-third of the workmen in the unit of the industry has extended to a period exceeding fourteen days in any calendar month, such month shall be excluded in computing the said period of three months: Provided further that the registration of a Union shall not be cancelled under the provisions of this sub-clause unless its membership at the time of the cancellation is less than such minimum; or (iii) that the registered Union is being conducted not bona fide in the interests of workmen but in the interests of employers to the prejudice of the interests of workmen; or (iv) that it has instigated, aided or assisted the commencement or continuance of an illegal strike; (b) if its registration under the Indian Trade Unions Act, 1926 (Central Act XVI of 1926) is cancelled. 9G. Registration of another Union in place of existing registered Union.-(1) If at any time any Union (hereinafter in this section referred to as "applicant Union") makes an application to the Registrar for being registered in place of the Union (hereinafter in this section referred to as "representative Union") for a unit of an industry on the ground that it has a larger membership of workmen employed in such unit of the industry, the Registrar shall call upon the representative Union by a notice in writing to show cause within one month of the receipt of such notice why the applicant Union should not be registered in its place. An application made under this sub-section shall be accompanied by such fee as may be prescribed. (2) The Registrar shall forward to the Labour Commissioner of the State Government a copy of the said application and notice. (3) If, on the expiry of the period of notice under sub-section (1) and after holding such inquiry as he deems fit, the Registrar comes to the conclusion that the applicant Union complies with the conditions necessary for registration specified in section 9D and that its membership was during the whole of the period of three months immediately preceding the date of the application under this section larger than the membership of the representative Union, he shall, subject to the provisions of section 9D, register the applicant Union in place of the representative Union. (4) Every application made under this section shall be published in the prescribed manner not less than fourteen days before the expiry of the period of notice under sub-section (1). 9H. Application for re-registration.-(1) Any Union the registration of which has been cancelled on the ground that it was registered under a mistake or on the ground specified in sub-clause (ii) of clause (a) of section 9F may, at any time after three months from the date of such cancellation and on payment of such fees as may be prescribed, apply for re-registration. The provisions of sections 9D and 9E shall apply in respect of such application. (2) A Union the registration of which has been cancelled on any other ground shall, not, save with the permission of the State Government, be entitled to apply for re-registration. 9I. Appeal to Industrial Tribunal from order of Registrar.-(1) Any party to a proceeding before, the Registrar may, within thirty days from the date of an order passed by the Registrar under this Chapter, appeal against such order to the Industrial Tribunal: Provided that the Industrial Tribunal may, for sufficient reason, admit any appeal made after the expiry of such period. (2) The Industrial Tribunal may admit an appeal under sub-section (1) if on a perusal of the memorandum of appeal and the decision appealed against it finds that the decision is contrary to law or otherwise erroneous. (3) The Industrial Tribunal in appeal, may confirm, modify or rescind any order passed by the Registrar and may pass such consequential orders as it may deem fit. A copy of the orders passed by the Industrial Tribunal, shall be sent to the Registrar. 9J. Publication of orders.-Every order passed under section 9E or section 9F or section 9G and every order passed in appeal under section 9I shall be published in the prescribed manner." [Vide Rajasthan Act 34 of 1958, s. 5]