The Telangana Industrial Workers (Representation, Participation in Management and Relief) Act, 1998.
telangana · 1998
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the 2Telangana Industrial Workers (Representation, Participation in Management and Relief)
- S. 2Substituted by G
- S. 3Section 3 establishes recognized unions at both establishment and unit levels for specified establishments.
- S. 4Substituted by G
- S. 5Section 5 determines industrial units for elections and provides an appeal process to the Chief Election Authority.
- S. 6discuss with the worker‟s representatives in the enterprise council causes of such losses and the remedial steps taken
- S. 7Section 7 requires employers to inform councils before applying for worker retrenchment or closure to allow council consideration of alternatives.
- S. 8Section 8 grants election authorities powers to investigate and compel information or document production, akin to a civil court.
- S. 9Substituted by G
- S. 10Section 10 mandates recognized unions to submit returns to the election authority or specified officer as directed by the Chief Election Authority.
- S. 11Existing recognized unions under the Code of Discipline remain valid for two years post-enactment, then follow the Act's provisions.
- S. 12Section 12 outlines the process for eligible unions to apply for recognition in an establishment or unit.
- S. 13The election for the purpose of granting recognition shall be held by secret ballot and in such manner as may be presc
- S. 14Section 14 specifies eligible voters for elections under the Act, including permanent and certain temporary workers who meet specific duration criteria.
- S. 15(1) The election authority shall declare the results of the election in such form as may be prescribed
- S. 16Section 16 grants recognition to the sole registered union in an establishment if it meets specific membership and operational criteria.
- S. 17Section 17 allows appeals against union recognition results to a specified authority, which must decide within a set period.
- S. 18Section 18 sets the two-year term for recognized unions and prohibits new applications for two years after recognition.
- S. 19(1) Every recognised union shall have such rights as specified in the Second Scheduled to this Act
- S. 20Every employer of an establishment shall abide by such obligation as specified in the Fourth Schedule to this Act
- S. 21Section resolves doubts about specified provisions by referring them to the Commissioner of Labour for a final decision.
- S. 22Section 22 applies the chapter's provisions to any establishment with fifty or more workers for the past twelve months.
- S. 23The section allows the government to appoint officers and an appellate authority to manage industrial councils and appeals.
- S. 24Section 24 establishes councils for worker participation in management at different levels in industrial establishments.
- S. 25Section 25 sets membership limits and proportions for shop, factory, and enterprise councils in industrial workplaces.
- S. 26Section 26 allows management to nominate representatives to councils, while workmen's representatives are nominated by recognized unions, with provisions for minority unions.
- S. 27Section 27 sets the term of office for members of shop, factory, and enterprise councils at two years, with provisions for casual vacancies and renomination.
- S. 28Section allows a council member to resign after giving a 15-day notice, effective after acceptance or after 30 days.
- S. 29Section 29 removes council members absent from three consecutive meetings but allows restoration via council resolution.
- S. 30(1) There shall be a Chairman and a Co-Chairman to each council
- S. 31Section 31 outlines the presiding duties of the Chairman and Co-Chairman over council meetings and record-keeping responsibilities.
- S. 32Section 32 allows the Chairman or Co-Chairman to resign, with the council deciding whether to accept the resignation.
- S. 33Section 33 fills casual vacancies in the Chairman or Co-Chairman position by nominating another person for the remaining term.
- S. 34Section 34 outlines the meeting procedures and quorum requirements for the Telangana Industrial Workers' councils.
- S. 35Section 35 mandates the Board of Directors to discuss and decide on resolutions from enterprise councils.
- S. 36Section 36 mandates worker representation on the Board of Directors through direct election and specifies appeal procedures for election results.
- S. 37Section 37 mandates application of representation and participation provisions to establishments with 100+ 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 mandates workmen and employers to contribute to a fund, with employers paying double the workmen's contribution.
- S. 40Section 40 allows employers to deduct worker contributions as prescribed, treating it as authorized under the Payment of Wages Act 1936.
- S. 41Section 41 allows funds payable under the Act to be recovered as arrears of land revenue under the Telangana Revenue Recovery Act.
- S. 42Section 42 establishes a Telangana Industrial Workers' Contingency Fund Board to manage a fund and perform other assigned functions.
- S. 43Section 43 establishes the composition of the Board with representatives of employers, employees, and independent members nominated by the government.
- S. 44Section prescribes allowances and nomination conditions for non-official board members representing employers and employees.
- S. 45Section 45 bars certain individuals from serving on the Board and allows the government to remove members meeting specific disqualifications.
- S. 46Section 46 allows members to resign and outlines procedures for filling casual vacancies without invalidating board actions.
- S. 47Section 47 allows the government to provide grants and loans to the Board for the Act's purposes, on determined terms.
- S. 48Section 48 vests the Fund in the Board to manage and apply it for the Act's purposes.
- S. 49Section 49 allows the Board to use the Fund to provide financial aid to affected workers, support co-operative societies, and promote workers' welfare.
- S. 50Section 50 allows the Board to borrow funds for the Act's purposes, subject to government approval and conditions.
- S. 51Section 51 allows the government to direct the Board on fund use and expenditures for the Act's purposes.
- S. 52(1) Government may, by notification, appoint such officers as they deem fit to maintain the list of affected workman
- S. 53Section 53 mandates government-appointed auditors to audit the Board's accounts and submit annual reports to the government.
- S. 54Section 54 exempts certain institutions like Red Cross, universities, and religious bodies from the Act's provisions.
- S. 55The section allows the government to appoint inspectors to enforce the Act and define their jurisdiction limits.
- S. 56Section 56 empowers inspectors to investigate violations by requiring information, entering workplaces, and examining relevant documents and personnel.
- S. 57Section 57 mandates compliance with inspectors' requests for documents or information under section 56.
- S. 58Section 58 mandates employers to maintain prescribed registers, records, and documents.
- S. 59The State Government can amend the Schedule by notification if deemed necessary for public interest.
- S. 60Section 60 states that the Act's provisions supplement, not override, existing laws for industrial establishments.
- S. 61Section 61 prevents legal challenges or injunctions against actions taken under the Act.
- S. 62Section 62 deems all officers under the Act as public servants under the Indian Penal Code.
- S. 63Section 63 protects actions taken in good faith under the Act from legal proceedings.
- S. 64Section 64 imposes fines and/or imprisonment for up to six months for violating the Telangana Industrial Workers Act.
- S. 65Section 65 prohibits courts from investigating offenses under this Act without a complaint from the government.
- S. 66Section 66 specifies that only Metropolitan Magistrates or First Class Judicial Magistrates can try offenses under this Act.
- S. 67Section 67 allows the government to issue notifications to address any difficulties in implementing the Act.
- S. 68Section 68 allows the government to review the Act's provisions and form a committee for this purpose.
- S. 69(1) The Government may make rules for carrying out the purposes of this Act
- S. 1926[Act No