Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
No: 1 Dated: Feb, 01 1972
THE MAHARASHTRA RECOGNITION OF TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES ACT, 1971
ACT No. I OF 1972
An Act to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings ; to state their rights and obligations; to confer certain powers on unrecognised unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions and for enforcing the provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid.
WHEREAS, by Government Resolution, Industries and Labour Department, No. IDA. 1367-LAB-II, dated the 14th February 1968, the Government of Maharashtra appointed a Committee called “the Committee on Unfair Labour Practices” for defining certain activities of employers and workers and their organisations which should be treated as unfair labour practices and for suggesting action which should be taken against employers or workers, or their organisations, for engaging in such unfair labour practices ;
AND WHEREAS, after taking into consideration the report of the Committee Government is of opinion that it is expedient to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings ; to state their rights and obligations; to confer certain powers on unrecognised unions ; to provide for declaring certain strikes and lockouts as illegal strikes and lock-outs; to define and provide for the prevention of certain unfair labour practices ; to constitute courts (an independent machinery) for carrying out the purposes or according recognition to trade unions and for enforcing provisions relating to unfair practices ; and to provide for matters connected with the purposes aforesaid ;
It is hereby enacted in the Twenty-second Year of the Republic of India as follows :—
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 date1 as the State Government may, by notification in the Official Gazette, appoint ; and different dates may be appointed for different areas and for different provisions of this Act.
(3) Except as otherwise hereinafter provided, this Act shall apply to the industries to which the Bombay Industrial Relations Act, 1946, for the time being applies, and also to any industry as defined in clause (j) of section 2 of the Industrial Disputes Act, 1947, and the State Government in relation to any industrial dispute concerning 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, shall apply to such cessor, 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 ;
(2) “Central Act” means the Industrial Disputes Act, 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, and a sales promotion employee as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976 ;
(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 employer 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 six months immediately preceeding such time, and the expression “membership” shall be construed, accordingly.
Explanation.—A subscription for a particular calendar 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 calendar month 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 State Government may notify a group of concerns owned by the same employer in any industry to be one undertaking for the purpose of that Chapter ;
(16) “unfair labour practices” means unfair labour practices as defined in section 26 ;
(17) “union” means a trade union of employees, which is registered under the Trade Unions Act, 1926 ;
(18) words and expressions used in this Act and not defined therein, but defined in the Bombay Act or, as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976, shall in relation to an industry to which the provisions of the Bombay Act apply, have the meanings assigned to them by the Bombay Act or, as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976 ; and in any other case, shall have the meanings assigned to them by the Central Act or, as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976.