The Madhya Pradesh Industrial Relations Act, 1960
madhya-pradesh · 1960
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short title, extent and commencement— (1) This act may be called the Madhya Pradesh Industrial Relation Act
- S. 2Section 2 defines key terms used throughout the Madhya Pradesh Industrial Relations Act, 1960.
- S. 3The section appoints a Commissioner of Labour and allows the State Government to appoint Deputy and Assistant Commissioners to assist and delegate duties.
- S. 4The section appoints a Chief Conciliator and may appoint others for specific industries or areas.
- S. 5Section 5 authorizes the State Government to appoint a Registrar and Assistant Registrar for labor unions under the Act.
- S. 6Section 6 authorizes the State Government to appoint Labour Officers and Deputy Labour Officers and define their jurisdictions and duties.
- S. 7Section 7 outlines the supervisory authority of the Commissioner of Labour over various labor officials.
- S. 8Section 8 establishes Labour Courts in Madhya Pradesh, outlines their jurisdiction, and specifies qualifications for presiding officers.
- S. 9Section 9 establishes the Industrial Court in Madhya Pradesh, detailing qualifications for its President and members.
- S. 10—
- S. 11Section 11 establishes a Board of Arbitration to resolve industrial disputes by appointing members and a chairman.
- S. 12Section 12 prevents any court from questioning the State Government's appointments to Labour Courts, Industrial Courts, or Boards of Arbitration.
- S. 13Section 13 outlines the process for unions to apply for recognition as representative unions in Madhya Pradesh, including conditions for eligibility and priority.
- S. 14Section 14 outlines conditions for recognizing trade unions in Madhya Pradesh, requiring open membership and a majority vote for strikes.
- S. 15Section 15 mandates the Registrar to maintain a register of recognized representative unions.
- S. 16Section 16 cancels union recognition if the Industrial Court orders it or if the Registrar finds specified reasons after an enquiry.
- S. 17Section 17 allows a union to apply for recognition over an existing one if it has majority membership, with specific time and fee requirements.
- S. 18Section 18 allows unions whose recognition was cancelled to reapply after three months, except for certain grounds where a six-month wait applies.
- S. 19The Registrar may dismiss union applications under sections 13, 17, or 18 if not prosecuted diligently after 15 days notice.
- S. 20Section 20 ensures that union cancellation does not absolve it or its members from prior penalties or liabilities under the Act.
- S. 21Every Representative Union must submit membership returns to the Registrar on prescribed dates and manner.
- S. 22Section 22 allows parties to appeal Registrar's recognition cancellation orders to the Industrial Court within 30 days.
- S. 23Section 23 provides for legal aid to approved unions at government expense in significant labor disputes or proceedings.
- S. 24The section allows the state government to recognize employer groups for regulating employment conditions and withdraw recognition after hearing them.
- S. 25Section 25 allows employer associations to represent member and connected employers in industrial proceedings.
- S. 26Section 26 restricts employees from directly participating in proceedings under the Act, except through their representative.
- S. 27Section 27 outlines the order of preference for employee representatives in industries in Madhya Pradesh.
- S. 28Section 28 restricts legal practitioners from appearing in most proceedings under the Act, except with court permission for specific cases.
- S. 30Section 30 empowers Labour Officers to inspect industrial premises and employee residences, convene employee meetings, and access confidential documents for labor relations.
- S. 31Section 31 mandates notice for changes in industrial matters and applications to the Labour Court for disputes.
- S. 32Section 32 allows the government to declare a change affecting most employees as a general notice for all affected industries.
- S. 33Section 33 outlines the process for registering agreements related to proposed changes in industrial relations, including appeal rights to the Industrial Court.
- S. 34Section 34 defines what constitutes an illegal change in industrial relations under the Madhya Pradesh Industrial Relations Act, 1960.
- S. 35Employer to make change etc
- S. 36Section 36 establishes procedures for forming joint committees in industrial undertakings with or without a representative union.
- S. 37Section 37 mandates Joint Committees to foster employer-employee harmony and resolve disputes, except for matters listed in Schedule I.
- S. 38Section 38 outlines the procedure for the functioning of the Joint Committee in industrial conciliation.
- S. 39Section 39 mandates parties to submit a dispute report to the Conciliator if a proposed change is objected to, detailing the case for resolution.
- S. 40Section 40 mandates the Conciliator to start conciliation proceedings by entering the dispute in a register within a week after receiving the statement.
- S. 41Section 41 mandates the Conciliator to investigate and facilitate a fair settlement of industrial disputes.
- S. 42Section 42 allows the Chief Conciliator to intervene or direct another Conciliator to intervene in conciliation proceedings.
- S. 43Section 43 details the procedures for recording settlements and reports in industrial dispute conciliation proceedings in Madhya Pradesh.
- S. 44Procedure and powers of Conciliator—(l) The proceeding before a Conciliator shall be held in camera
- S. 45Section 45 sets a one-month limit for conciliation proceedings, extendable by mutual agreement, excluding adjourned periods.
- S. 46Section 46 details when conciliation proceedings under the Madhya Pradesh Industrial Relations Act are considered complete.
- S. 47Section 47 prohibits conciliation in industrial disputes if they're referred to arbitration or bound by a settlement.
- S. 48Section 48 states that discontinued conciliation proceedings are deemed completed on a specific date, applying section 43's report submission rules.
- S. 49Section 49 allows employers and unions to agree to submit industrial disputes to arbitration by a court or board.
- S. 50Section allows revocation of future dispute arbitration submissions with six months' notice, but parties can agree to extend it.
- S. 51Section 51 mandates government referral of industrial disputes to Labour or Industrial Courts if disputes threaten public peace, community hardship, or industry impact, barring certain exceptions.
- S. 52Section 52 allows unions to refer industrial disputes to arbitration after conciliation, barring certain conditions.
- S. 53Section 53 excludes the Arbitration Act of 1940 from applying to arbitrations under this chapter.
- S. 54Section 54 outlines the procedure for arbitration proceedings under the Madhya Pradesh Industrial Relations Act, 1960.
- S. 55Section mandates prompt arbitration proceedings and awards in industrial disputes referred to arbitrators or courts.
- S. 56Award by arbitrator- The arbitrator shall, after hearing the parties concerned, make an award which shall be signed by
- S. 57Section 57 resolves disagreements on awards by having the Chairman act as an umpire.
- S. 58Section 58 mandates the forwarding, registration, publication, and finality of awards in industrial disputes.
- S. 59Section 59 specifies when an industrial award becomes enforceable after publication.
- S. 60Section 60 makes awards by arbitrators, Labour Courts, Industrial Courts, or Boards binding on all involved parties and their successors.
- S. 61Section 61 empowers a Labour Court to decide industrial disputes, determine illegal strikes/lockouts, and try specified offences, with authority to order compensation.
- S. 62Section 62 outlines the time limits for initiating proceedings before a Labour Court in industrial disputes under the Madhya Pradesh Industrial Relations Act, 1960.
- S. 63Section 63 specifies conditions under which a Labour Court can take cognizance of offences under the Act or specified other Acts.
- S. 64Section 64 grants Labour and Industrial Courts powers to try specified criminal offences under the Act.
- S. 65Section 65 allows appeals to the Industrial Court against Labour Court decisions, convictions, acquittals, and sentences, with specific timelines and conditions.
- S. 67The Industrial Court oversees Labour Courts under the Madhya Pradesh Industrial Relations Act, 1960.
- S. 68The Industrial Court decides appeals, disputes, and other matters referred to it under the Act.
- S. 69Section 69 allows the Industrial Court to cancel union recognition if it finds mistakes, fraud, or Act violations.
- S. 70Reference on point of Law or interpretation of Act and rules-
- S. 71Section 71 allows Labour Courts, Industrial Courts, or Boards to review their own orders, subject to specific conditions and time limits.
- S. 72Section 72 allows Labour Courts, Industrial Courts, or Boards to follow their own procedures in proceedings.
- S. 73Power of authority to summon witnesses etc
- S. 74The State Government can order government officers to attend and participate in labor court proceedings.
- S. 75The Labour and Industrial Courts can decide who pays the costs of proceedings.
- S. 76Proceeding before a Labour Court, etc
- S. 77Parties on whom orders of Board, etc
- S. 78Section 78 of the Madhya Pradesh Industrial Relations Act, 1960 prevents court questioning of Industrial Court or Board decisions.
- S. 79Section 79 establishes Courts of Enquiry to investigate industrial disputes and report findings to the State Assembly.
- S. 80Section 80 makes strikes and lock-outs illegal if they violate specific conditions listed in the act.
- S. 81Section 81 prohibits illegal closures or stoppages of work to compel government action or in support of illegal strikes or lockouts.
- S. 82The section allows the State Government to refer strikes or closures to an Industrial Court for a declaration on their legality.
- S. 83Section 83 prohibits employers from dismissing or punishing employees for union activities or participation in legal strikes.
- S. 84Section 84 mandates reinstatement or payment of half the average pay if an employee's termination is deemed unjustified by a Labour Court.
- S. 85Power of Court to order reinstatement etc
- S. 86Penalty for wrongful dismissal etc
- S. 87Section penalizes illegal lock-outs or closures by employers with fines up to ₹2,500 initially and additional ₹5,000 per day thereafter.
- S. 88Section penalizes employees for illegal strikes or stoppages declared illegal by a court, with fines up to fifty rupees.
- S. 89Penalty for instigating etc
- S. 90Section penalizes willful disclosure of confidential conciliation information with a fine up to ₹1,000.
- S. 91Section penalizes illegal changes by employers with fines and imprisonment, and allows compensation for affected employees.
- S. 92Section penalizes obstructing Labour Officers from performing duties under the Act with fines up to 500 rupees.
- S. 93Section 93 imposes fines up to ₹100 or ₹200 for contravening the Madhya Pradesh Industrial Relations Act, 1960.
- S. 94Record of industrial matters etc
- S. 95Section 95 allows state government-authorized officers to verify employer records by holding inquiries and entering premises to obtain relevant documents.
- S. 96Section 96 allows the State Government to amend industrial schedules, and sections 96-A and 96-B permit transfer of proceedings and delegation of powers.
- S. 97Agreements etc
- S. 98Section 98 mandates that awards must reflect agreements between employers and unions unless invalid due to fraud or coercion.
- S. 99Agreement etc
- S. 100Section 100 allows parties to apply for modification of an industrial award instead of terminating it, with specific timelines and procedures.
- S. 101Grant of copies of agreement, etc
- S. 102Section 102 holds the union's executive personally liable for actions or defaults in managing union affairs under the Act.
- S. 103Section 103 designates specific officers in industrial relations as public servants under the Indian Penal Code.
- S. 104Contempt of Board, Industrial Court, and Labour Court relating to omission to produce documents, etc
- S. 105Section 105 penalizes acts that improperly influence or bring disrepute to industrial or labor courts and mandates reporting to the High Court.
- S. 106Powers of Industrial Court, etc
- S. 107Powers of a Board Industrial Court etc
- S. 108Section 108 allows the Labour Court to recover fines, costs, back wages, and compensation as if it were a Criminal Court.
- S. 109Section 109 protects individuals from legal actions for actions taken in good faith under the Act.
- S. 110Section 110 exempts certain parts of the Industrial Disputes Act from applying to industries under the Madhya Pradesh Industrial Relations Act, except for specific layoff and retrenchment provisions.
- S. 111Rules—(1) The State Government may, by notification, make rules to carry out the purposes of this Act
- S. 112Section 112 repeals previous industrial relations acts while preserving existing rights, pending cases, and appointments under them.