Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

Only available on StudyMode
  • Download(s) : 55
  • Published : May 21, 2012
Open Document
Text Preview
1. SHORT TITLE. -

This Act may be called the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

2. EXTENT, COMMENCEMENT AND APPLICATION. -

(1) This Act extends to the whole of the State of Maharashtra.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provision of this Act.

(3) Except as otherwise hereinafter provided, this Act shall apply to the industries to which the Bombay Industrial Relations Act, 1946, Bom. XI of 1947, for the time being applies, and also to any industry as defined in clause (j) of section 2 of the Industrial Disputes Act, 1947, XIV of 1947, and the State Government in relation to any industrial dispute concerning of such industry is the appropriate Government under that Act :

Provided that, the State Government may, by notification in the Official Gazette, direct that the provisions of this Act shall cease to apply to any such industry from such date as may be specified in the notification; and from that date, the provisions of this Act shall cease to apply to that industry and, thereupon, section 7 of the Bombay General Clauses Act, 1904, Bom. I of 1944, shall apply to such cess or, as if this Act has been repealed in relation to such industry by a Maharashtra Act.

3. DEFINITIONS. -

In this Act, unless the context requires otherwise, -

(1) "Bombay Act" means the Bombay Industrial Relations Act, 1946, Bom. XI of 1947;
(2) "Central Act" means the Industrial Disputes Act, 1947, XIV of 1947;
(3) "concern" means any premises including the precincts thereof where any industry to which the Central Act applies is carried on;
(4) "Court" for the purposes of Chapters VI and VII means the Industrial Court, or as the case may be, the Labour Court :
(5) "employee" in relation to an industry to which the Bombay Act for the time 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 as defined in clause (s) of section 2 of the Central Act;

(6) "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 Bombay Act; and in any other case, means an employer as defined in clause (g) of section 2 of the Central Act;

(7) "Industry" in relation to an industry to which the Bombay Act applies means an industry as defined in clause (19) of section 3 of the Bombay Act, and in any other case, means an industry as defined in clause (j) of section 2 of the Central Act;

(8) "Industrial Court" means an Industrial Court constituted under section 4;(9) "Investigating Officer" means an officer appointed under section 8;
(10) "Labour Court" means a Labour Court constituted under section 6;
(11) "member" means a person who is an ordinary member of a union, and has paid a subscription to the union of not less than 50 paise per calender 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 calendar months during the period of a six months immediately preceding such time, and the expression "membership" shall be construed, accordingly.

Explanation : A subscription for a calender month shall, for the purpose of this clause, be deemed to be in arrears, if such subscription is not paid within three months after the end of the calender months in respect of which it is due;

(12) "order" means an order of the Industrial or Labour Court;
(13) "recognised union" means a union which has been issued a certificate of recognition under Chapter III;
(14) "Schedule" means a Schedule to this Act;

(15) "undertaking" for the purposes of Chapter III, means any concern in industry to be one undertaking for the purpose of that Chapter : Provided that, the...
tracking img