The Bombay Industrial Relations Act, 1946

--- Section 1. Section 1.Short title. --- This Act may be called 1 [the Maharashtra Industrial Relations Act]. [Footnotes] 1. The short title was amended for "the Bombay Industrial Relations Act, 1946" by Mah. 24 of 2012, ss. 2 and 3, Schedule entry 25, w.e.f. 1-5-1960. --- Section 2. Section 2.Extent, commencement and application. --- ( 1 ) This Act extends to the 1 [whole of the State of Maharashtra]. ( 2 ) It shall come into force on such date as the 2 [State] Government may by notification in the Official Gazette specify : 3 [Provided that, on the commencement of the Bombay Industrial Relations (Extension and Amendment) Act, 1964 (Mah. XXII of 1965), this Act shall come into force in those areas of the Vidarbha area of the State in which immediately before such commencement the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (C. P. and Berar XXIII of 1947), was in force.] ( 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 one 5 [State]]. ( 4 ) The 6 [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), 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 (C. P. and Berar XXIII of 1947), applied.] 8 [( 5 ) The State Government may, by notification in the Official Gazette , direct that the provisions of this Act shall cease to apply to such industry in such area and from such date as may be specified in the notification; and thereupon on that date, the provisions of this Act shall cease to apply to that industry in such area, and thereupon, the provision of section 7 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall apply to such cesser as if this Act had then been repealed in relation to the said industry in such area by a Maharashtra Act. ( 6 ) On the application of this Act to any industry generally or in any area, in the manner provided in the foregoing provisions of this section, all rules, regulations, orders and notifications made or issued or deemed to be made or issued under this Act, and in force in the Bombay area of the State immediately before such application to any industry shall in so far as they are not inconsistent with the provisions of the Principal Act, as amended by the Bombay Industrial Relations (Extension and Amendment) Act, 1964 (Mah. XXII of 1965), also apply to such industry generally, or as the case may be, in that area until duly rescinded or amended.] [Footnotes] 1. These words were substituted for the words "Bombay area of the State of Maharashtra" by Mah. 22 of 1965, s. 3(ca ). 2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 3. This proviso was added by Mah. 22 of 1965, s. 3 (b) . 4. This proviso was added by Bom. 55 of 1949, s. 2, Addition of the said proviso shall not affect any proceedings, other than a proceeding in respect of a reference made by the State Government or any officer or authority subordinate to it, pending before the Industrial Court or a Labour Court or the Registrar on the date on which Bom. 55 of 1949 comes into force and to which the Imperial Bank of India or a banking company referred to in the said proviso is a party, and such proceeding shall be continued and disposed of as if Bom. 55 of 1949 had not been passed ( vide s. 20 of Bom. 55 of 1949). 5. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 6. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 7. This proviso was added by Mah. 22 of 1965, s. 3( c ). 8. Sub-sections ( 5 ) and ( 6 ) were added by Mah. 22 of 1965, s. 3( d ). --- Section 3. Section 3.Definitions. --- In this Act unless there is anything repugnant in the subject or context- ( 1 ) "approved list" means the list of approved unions maintained by the Registrar under section 12 ; ( 2 ) "approved union" means a union on the approved list ; ( 3 ) "arbitration proceeding" means- ( i ) any proceeding under this Act before an arbitrator, ( ii ) any proceeding before a Labour Court, 1 [a Wage Board] or the Industrial Court in arbitration ; ( 4 ) "arbitrator" means an arbitrator to whom a dispute is referred for arbitration under the provisions of this Act and includes an umpire ; ( 5 ) "association of employers" means any combination of employers recognised by the 2 [State] Government under section 27 ; ( 6 ) "award" means any 3 [interim, final or supplementary] determination in an arbitration proceeding of any industrial dispute or of any question relating thereto ; ( 7 ) "Board" means a Board of Conciliation appointed under section 7 ; ( 8 ) "change" means an alteration in an industrial matter ; 4 [( 8A ) "closure" means the closing of any place or part of a place of employment or the total or partial suspension of work by an employer or the total or partial refusal by an employer to continue to employ persons employed by him, whether such closing, suspension or refusal is or is not in consequence of an industrial dispute ;] ( 9 ) "Commissioner of Labour" means an officer appointed by the 5 [State] Government for the time being to be the Commissioner of Labour ; and in respect of any of the powers and duties of the Commissioner of Labour that may be conferred and imposed on any person, includes such person ; ( 10 ) "conciliation proceeding" means any proceeding held by a Conciliator or a Board under this Act ; ( 11 ) "Conciliator" means any Conciliator appointed under this Act and includes the Chief Conciliator 6 [and Additional Chief Conciliator] or a Special Conciliator ; ( 12 ) "Court of Enquiry" means a Court constituted under section 100 ; ( 13 ) "employee" means any person employed to do any skilled or unskilled 7 [* * *] work for hire or reward in any industry and includes,- ( a ) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause ( e ) of clause ( 14 ) ; (b) a person who has been 8 [dismissed, discharged or retrenched or whose services have been terminated, from employment] on account of any dispute relating to change in respect of which a notice is given or an application made under section 42 whether before or after his 9 [dismissal, discharge, retrenchment or, as the case may be, termination from employment ;] 10 [but does not include- ( i ) a person employed primarily in a managerial, administrative, supervisory or technical capacity 11 [drawing basic pay (excluding allowances) exceeding 12 [six thousand five hundred rupees per month];] ( ii ) any other person or class of persons employed in the same capacity as those specified in clause ( i ) above irrespective of the amount of the pay drawn by such persons which the State Government may, by notification in the Official Gazette, specify in this behalf ;] ( 14 ) "employer" includes- ( a ) an association or a group of employers ; (b) any agent of an employer ; ( c ) where an industry is conducted or carried on by a department of the 13 [State] Government the authority prescribed in that behalf, and where no such authority has been prescribed, the head of the department ; ( d ) where an industry is conducted or carried on by or on behalf of a local authority, the chief executive officer of the authority ; ( e ) where the owner of any undertaking in the course of or for the purpose of conducting the undertaking contracts with any person for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the undertaking, the owner of the undertaking ; ( 15 ) "illegal change" means an illegal change within the meaning of sub-section ( 4 ) or ( 5 ) of section 46 ; ( 16 ) "Industrial Court" means the Court of Industrial Arbitration constituted under section 10 ; ( 17 ) "industrial dispute" means any dispute or difference between an employer and employee or between employers and employees or between employees and employees and which is connected with any industrial matter ; ( 18 ) "industrial matter" means any matter relating to employment, work, wages, hours of work, privileges, rights or duties of employers or employees, or the mode, terms and condition of employment, and includes- ( a ) all matters pertaining to the relationship between employers and employees, or to the dismissal or non-employment of any person ; (b) all matters pertaining to the demarcation of functions of any employees or classes of employees ; ( c ) all matters pertaining to any right or claim under or in respect of or concerning a registered agreement or a submission, settlement or award made under this Act ; ( d ) all questions of what is fair and right in relation to any industrial matter having regard to the interest of the person immediately concerned and of the community as a whole ; ( 19 ) "industry" means- ( a ) any business, trade, manufacture or undertaking or calling of employers ; (b) any calling, service, employment, handicraft, or industrial occupation or avocation of employees; and includes- ( i ) agriculture and agricultural operations ; ( ii ) any branch of an industry or group of industries which the 14 [State] Government may by notification in the Official Gazette declare to be an industry for the purposes 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, an Assistant Labour Officer ; ( 23 ) "local area" means any area 15 [(including the entire State)] notified as a local area for the purposes of this Act 16 [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 suspension of work by an employer or the total or partial refusal by an employer to continue to employ persons employed by him, where such closing, suspension or refusal occurs in consequence of an industrial dispute and is intended for the purpose of- ( a ) compelling any of the employees directly affected by such closing, suspension or refusal or any other employees of his, or (b) aiding any other employer in compelling persons employed by him, to accept any term or condition of or affecting employment ; ( 25 ) "member" means a person who is an ordinary member of a union and who has paid a subscription of not less than 17 [twenty-five paise] 18 [per calendar month] : Provided that, no person shall at any time be deemed to be a member if his subscription is in arrears 19 [or a period of more than three calendar months during the period of six months immediately preceding such time.] 20 [ Explanation. - A subscription for a particular calendar month shall, for the purposes of this clause, be deemed to be in arrears if such subscription is not paid by the end of the calendar month in respect of which it is due] ; ( 26 ) "occupation" means such section of an undertaking as is recognised under section 11 to be an occupation ; ( 27 ) "prescribed" means prescribed by rules made under this Act ; ( 28 ) "Primary Union" means a union for the time being registered as a Primary Union under this Act ; ( 29 ) "Qualified Union" means a union for the time being registered as a Qualified Union under this Act ; ( 30 ) "registered union" means a union registered under this Act ; ( 31 ) "Registrar" means a person for the time being appointed to be the Registrar of Unions under this Act ; and includes 21 [an additional Registrar , and] in respect of such powers and duties of the Registrar as may be conferred and imposed on him, an Assistant Registar of Unions; ( 32 ) "representative of employees" means a representative of employees entitled 22 [to appear or act] as such under section 30 ; ( 33 ) "Representative Union" means a union for the time being registered as a Representative Union under this Act ; ( 34 ) "schedule" means a schedule appended to this Act ; ( 35 ) "Settlement" means a settlement arrived at during the course of a conciliation proceeding ; 23 [and for the purpose of section 44B includes a settlement arrived at within two months from the date of the completion of any conciliation proceeding which has failed ;] 24 [( 35A ) "Stoppage" means a total or partial cessation of work by the employees in an industry acting in combination or a concerted refusal or a refusal under a common understanding of employees to continue to work or to accept work, whether such cessation or refusal is or is not in consequence of an industrial dispute ;] ( 36 ) "strike" means a total or partial cessation of work by the employees in an industry acting in combination or a concerted refusal or a refusal under a common understanding of employees to continue to work or to accept work, where such cessation or refusal is in consequence of an industrial dispute ; ( 37 ) "undertaking" means such concern in any industry as is recognised by the Registrar under section 11 ; ( 38 ) "union" means a Trade Union of employees which is registered under the Indian Trade Unions Act, 1926 (XVI of 1926) ; 25 [( 38A ) "Wage Board" means a Wage Board constituted under section 86A] ; ( 39 ) "wages" means remuneration of all kinds capable of being expressed in terms of money and payable to an employee in respect of his employment or work done in such employment and includes- ( i ) any bonus, allowances (including dearness allowance), reward or additional remuneration ; ( ii ) the value of any house accommodation, light, water, medical attendance or other amenity or service ; ( iii ) any contribution by the employer to any pension or provident fund ; ( iv ) any travelling allowance or the value of any travelling concession ; ( v ) any sum paid or payable to or on behalf of an employee to defray special expenses entailed on him the nature of his employment ; 26 [( vi ) gratuity payable, if any]. [Footnotes] 1. These words were inserted by Bom. 74 of 1948, s. 2( a ). 2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 3. These words were substituted for the words "interim or final" by Bom. 55 of 1949, s. 3( 1 ). 4. This clause was inserted by Bom. 74 of 1948, s. 2 (b) . 5. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 6. These words were inserted by Mah. 22 of 1965, s. 4( a ). 7. The words "manual or clerical" were deleted by Bom. 63 of 1953, s. 2( 1 )( a ). 8. These words were substituted for the words "dismissed or discharged" by Mah. 22 of 1965, s. 4 (b) ( i ). 9. These words were substituted for the words "dismissal or discharged" by Mah. 22 of 1965, s. 4 (b) ( i ). 10. This portion was added by Bom. 63 of 1953, s. 2( 1 )( d ). 11. These words were substituted for the words and brackets "drawing basic pay (excluding allowances) of three hundred and fifty rupees or more per month;" by Mah. 22 of 1965, s. 4 (b) ( ii ). 12. These words were substituted for the words "one thousand rupees per month" by Mah. 38 of 2005, s. 2. 13. The word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 14. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 15. These words were inserted by Mah. 22 of 1965, s. 4( c )( i ). 16. These words were added by Mah. 22 of 1965, s. 4( c )( ii ). 17. These words were substituted for the words "two annas" by Mah. 22 of 1965, s. 4( d )( i ). 18. These words were substituted for the words "per month" by Bom. 63 of 1953, s. 2( 2 )( a ). 19. This portion was substituted for the words "for a period of three calendar months or more next preceding such time" by Mah. 22 of 1965, s. 4( d )( ii ). 20. This Explanation was inserted by Bom. 63 of 1953, s. 2( 2 )( c ). 21. These words were inserted by Mah. 22 of 1965, s. ( 4 )( e ). 22. These words were substituted for the words "to act" by Bom. 55 of 1949, s. 3( ii ). 23. This portion was added by Bom. 63 of 1953, s. 2( 3 ). 24. This clause was inserted by Bom. 74 of 1948 s. 2( c ). 25. This clause was inserted by Bom. 43 of 1948, s. 2. 26. This sub-clause was substituted by Mah. 22 of 1965, s. 4( f ).