The Andhra Pradesh Industrial Workers (Representation, Participation in Management and Relief) Act, 1998.
andhra-pradesh · 1998
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1The act establishes its title, application to Andhra Pradesh, and its commencement date as set by government notification.
- S. 2Section 2 defines key terms used in the Andhra Pradesh Industrial Workers (Representation, Participation in Management and Relief) Act, 1998.
- S. 3Section 3 establishes recognized union levels for industrial establishments, with specific unions for certain establishments.
- S. 4Section 4 allows the government to amend the First Schedule, which likely details worker representation, in consultation with the Chief Election Authority.
- S. 5Section 5 determines industrial units for representation and sets an appeal process with a final decision by the Chief Election Authority.
- S. 6Chief Election Authority - The Commissioner of Labour shall be the Chief Election Authority for the purposes of this Act
- S. 7HYDERABAD METROPOLITAN WATER WORKS
- S. 8Section 8 grants election authorities powers akin to a civil court to investigate and gather information for industrial worker representation.
- S. 9Section 9 mandates the Chief Election Authority to specify registers and records for this Act's purposes.
- S. 10Section 10 mandates recognized unions to submit returns to the election authority or specified officer as directed by the Chief Election Authority.
- S. 11Section 11 preserves existing recognized unions under the Code of Discipline for two years after the act's commencement.
- S. 12Section 12 outlines the process for eligible unions to apply for recognition in an establishment or unit.
- S. 13Section 13 outlines the secret ballot method for electing representatives for industrial worker recognition.
- S. 14Section 14 defines eligible voters for elections under the Act, including permanent and certain temporary workmen.
- S. 15Declaration of results - (1) The election authority shall declare the results of the election in such form as may be pre
- S. 16—
- S. 17Section 17 allows appeals against recognition decisions to the Chief Election Authority, with final, binding decisions.
- S. 18Section 18 sets the term for a recognized union at two years, with no new applications for recognition during this period.
- S. 19Rights of Union - (1) Every recognised union shall have such rights as specified in the Second Scheduled to this Act
- S. 20Section 20 mandates employers to comply with specific obligations listed in the Fourth Schedule of the Act.
- S. 21Section resolves doubts about specified Act provisions by referring to the Commissioner of Labour for final decision.
- S. 22Section 22 applies the chapter's provisions to establishments with fifty or more workers for a year, even if the number drops below fifty.
- S. 23Section 23 allows the government to appoint officers and an appellate authority for industrial councils and Board Level participation.
- S. 24Section 24 establishes councils for worker participation in management at different levels in industrial establishments.
- S. 25Section 25 outlines the membership composition and proportions for shop, factory, and enterprise councils in industrial councils.
- S. 26Section 26 outlines the nomination process for representatives to councils by management and recognized unions.
- S. 27Section 27 sets the two-year term for shop, factory, and enterprise council members, with continuation until new councils are formed.
- S. 28Section 28 allows a council member to resign after giving a 15-day notice, effective after acceptance or after 30 days.
- S. 29Section 29 states that a council member loses membership for missing three meetings but can regain it with a written request.
- S. 30Nomination and term of Chairman and Co-Chairman - (1) There shall be a Chairman and a Co-Chairman to each council
- S. 31Section 31 outlines the presiding and record-keeping duties of the Chairman in industrial councils.
- S. 32Section 32 allows the Chairman or Co-Chairman to resign, with the council deciding whether to accept it.
- S. 33Section 33 fills casual vacancies in Chairman or Co-Chairman positions by nominating another person for the remaining term.
- S. 34Section 34 outlines the procedures for holding and conducting meetings of industrial councils in Andhra Pradesh.
- S. 35Section 35 mandates enterprise councils' resolutions to be presented to the Board of Directors for discussion and decision-making.
- S. 36Section 36 mandates worker representation on the Board of Directors in certain establishments, with at least 25% of directors being workers elected by secret ballot.
- S. 37Section 37 applies the chapter's provisions to establishments with 100 or more workers, extendable by government notification to smaller ones.
- S. 38Section 38 establishes an Industrial Workers’ Contingency Fund to be constituted by the government.
- S. 39Section 39 mandates workmen and employers to contribute to a fund, with employers contributing twice the workmen's share.
- S. 40Section 40 allows employers to deduct workers' contributions as prescribed, treating it as authorized under the Payment of Wages Act 1936.
- S. 41Section 41 allows sums payable to the Fund to be recovered as land revenue arrears under the Andhra Pradesh Revenue Recovery Act.
- S. 42Section 42 establishes the Andhra Pradesh Industrial Workers’ Contingency Fund Board to manage the fund and other assigned functions.
- S. 43Section 43 outlines the composition and term of office for members of the Board under the Andhra Pradesh Industrial Workers Act.
- S. 44Section 44 prescribes the allowance and nomination conditions for non-official board members representing employers and employees.
- S. 45Section 45 disqualifies and allows removal of Board members for insolvency, criminal conviction, or absence.
- S. 46Section 46 outlines the process for resignation and filling of casual vacancies in the office of a member.
- S. 47Section 47 allows the government to provide grants and loans to the Board for the Act's purposes.
- S. 48Section 48 vests the Fund in the Board to manage and apply it for the Act's purposes.
- S. 49Section 49 directs the Board to use the Fund to provide financial aid and support for the welfare of affected industrial workers.
- S. 50Section 50 allows the Board to borrow funds for the Act's purposes, subject to government approval and conditions.
- S. 51The government can issue directions to the Board for fund expenditure and Act purposes, which the Board must comply with.
- S. 52Section 52 provides for government assistance to affected industrial workers through officers, priority listings, and other schemes.
- S. 53Section 53 mandates government-appointed auditors to review the Board's accounts and submit annual reports to the Government.
- S. 54Section 54 exempts certain classes of employers like the Indian Red Cross Society, educational institutions, and religious charities from the Act's provisions.
- S. 55Section 55 allows the government to appoint inspectors to enforce the Act's provisions.
- S. 56Section 56 empowers Inspectors to investigate compliance with the Act by requesting information, inspecting premises, and examining relevant documents and individuals.
- S. 57Section 57 mandates compliance with an inspector's request for documents or information under section 56.
- S. 58Section 58 mandates employers to maintain prescribed records and documents.
- S. 59The State Government can amend the act's schedules by notification if it's deemed necessary for public interest.
- S. 60Section 60 ensures that the Act's provisions supplement, not override, existing laws.
- S. 61Section 61 prevents legal challenges or injunctions against actions taken under the Act in any court.
- S. 62Section 62 deems all officers under the Act as public servants under the Indian Penal Code.
- S. 63Section 63 protects individuals from legal action for good faith actions taken under the Act.
- S. 64Section 64 imposes fines and/or imprisonment for violating the Andhra Pradesh Industrial Workers Act.
- S. 65Section 65 prohibits courts from investigating offenses under this Act without a government complaint.
- S. 66Section 66 mandates that only Metropolitan Magistrates or First Class Judicial Magistrates can try offenses under the Andhra Pradesh Industrial Workers Act.
- S. 67Section 67 grants the government authority to issue notifications to address and remove any difficulties in implementing the Act.
- S. 68The section grants the government authority to review and assess the implementation of the Act and form a committee as needed.
- S. 69Section 69 grants the authority to create rules and schedules for the Act, facilitating worker representation and participation in management.