LexThe Bombay Industrial Relations Act, 1946
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1947 : XI] 1
THE MAHARASHTRA INDUSTRIAL RELATIONS ACT
[Text as on 31st December 2025]
—————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
Preliminary
1. Short title.
2. Extent, commencement and application.
3. Definitions.
CHAPTER II
Authorities to be Constituted or Appointed under this Act
4. Commissioner of Labour.
5. Registrar, Additional Registrars and Assistant Registrars.
6. Conciliators.
7. Board of Conciliation.
8. Labour Officers and Assistant Labour Officers.
9. Labour Courts.
10. Industrial Courts.
CHAPTER III
Registration of Unions
11. Recognition of undertakings and occupations.
12. Maintenance of registers and approved list.
13. Application for registration.
14. Registration of Union.
15. Cancellation of registration.
16. Registration of another union in place of existing registered union.
17. Application for re-registration.
18. Liability of union or members not relieved by cancellation.
19. Periodical returns to be submitted to Registrar.
20. Appeal to Industrial Court from order of Registrar.
21. Publication of order.
22. Registration of union for more than one local area.
CHAPTER IV
Approved Unions
23. Approved list : maintenance of : conditions for being entered in.
23A. Approved union to continue to be so for altered local area for some time.
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23B. Recognised union under C. P. and Berar XXIII of 1947 to be approved union for purposes
of this Act.
24. Removal from approved list.
24A. Appeal to Industrial Court from order of Registrar under Chapter IV.
25. Rights of Officers of approved unions.
26. Legal aid to approved unions at Government expense in important proceedings.
CHAPTER V
Representatives of Employers and Employees’ and Appearance on their behalf
27. Recognition of combination of employers as association of employers.
27AA. Recognised association of employers to continue to be so for altered local areas.
27A. Appearance on behalf of employees.
28. Election of representatives of employees.
29. Act or decision of majority to be deemed to be act or decision of all.
30. Representative of employees.
31. Registered or representative union to continue to be so for altered local area for some time.
32. Persons who may appear in proceedings.
33. Appearance for employee.
33A. Persons who may appear in proceeding in which there is dispute between employers and
employees.
CHAPTER VI
Powers and Duties of Labour Officer
34. Powers and duties of Labour Officer.
CHAPTER VII
STANDING ORDERS
35. Settlement of Standing Orders by Commissioner of Labour.
36. Appeal to Industrial Court.
37. Review.
38. No alteration in standing orders for one year.
39. Alteration in standing orders.
40. Standing orders to be determinative.
40A. Model standing orders in respect of additional or altered matters to apply to certain
workmen, if they are not less advantageous.
41. Act XX of 1946 not to apply to certain industries.
CHAPTER VIII
Changes
42. Notice of change.
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43. Notice of change when to be deemed general notice.
44. Agreement regarding change.
44A. Registration of agreements under Section 42(4).
44B. Certain settlements deemed to be Agreements.
45. Agreements to come into force.
46. Illegal change.
47. Employer to make change etc., within certain time.
CHAPTER IX
Joint Committees
48. Constitution of Joint Committees.
49. Composition of Joint Committee.
50. Proceedings of Joint Committee.
51. Proposal for change.
52. Special intimation for change and special application to Labour Court.
53. Decision of respective representatives binding on union and employer.
CHAPTER X
Conciliation Proceedings
54. Report of dispute to be sent to Registrar, Chief Conciliator and Conciliator.
55. Commencement of conciliation proceeding.
56. Conciliation proceeding.
57. Power of Chief Conciliator to intervene.
58. Settlement and report.
59. Reference to Board.
60. Procedure and powers of Conciliator and Board.
61. Reference to Industrial Court by Conciliator or Board.
62. Time limit for stages of conciliation proceeding.
63. Completion of conciliation proceeding.
64. Conciliation proceedings not to be commenced or continued in certain cases.
65. Conciliation proceeding discontinued deemed to be completed.
CHAPTER XI
Arbitration
66. Submission.
67. Submission when revocable.
68. Proceedings in arbitration.
69. Special case to be stated to Industrial Court.
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70. Award by arbitrator.
71. Dispute to be referred to Labour Court or Industrial Court if no arbitrator appointed.
72. Disputes between employers and employees may be referred to by State Government to
arbitration of Labour Court or Industrial Court.
73. State Government may refer Industrial dispute to Industrial Court for arbitration.
73AA. Power of State Government to include other undertakings in references to Labour or
Industrial Court.
73A. Reference to arbitration by unions.
74. Notice of award to parties.
75. Date on which award shall come into operation.
76. Completion of arbitration proceeding.
76A. Procedure to give effect to awards affecting State Government.
CHAPTER XII
Labour Courts
77. Territorial Jurisdiction.
78. Powers of Labour Court.
79. Commencement of Proceedings.
80. Labour Court to give notice to parties affected and permit appearance of parties.
80A. Procedure to be followed in an application under section 79 by an employer when
employees affected are numerous.
80B. When an employee, who is not permitted to appear may be allowed to join as party.
80C. Procedure to be followed in an application under section 79 by employees when employees
affected are numerous.
80D. Judge of Labour Court to record minutes of proceedings, averments, etc.
81. Reference to Industrial Court by Labour Court.
82. Cognizance of offences.
83. Powers and procedure of Labour Courts in trials.
83A. Legal practitioners excluded from appearance in certain proceedings in Labour Courts.
83B. Power of Labour Court to award costs and execution of order as to costs.
84. Appeals.
85. Industrial Court to exercise superintendence over Labour Courts.
85A. Power of Industrial Court to transfer proceedings.
86. Decision, etc., of Labour Court not to be called in question.
CHAPTER XII-A
Wage Boards
86A. Wage Boards.
86B. Constitution of Wage Boards.
1947 : XI] The Maharashtra Industrial Relation Act 5
86C. Reference to Wage Boards.
86CC. Reference to Wage Boards by certain registered unions.
86D. Proceedings not to be commenced or continued before Conciliator, Board, etc.
86E. Procedure before Wage Boards.
86EE. Coming into operation of decision of Wage Boards.
86F. Procedure to give effect to decision of Wage Boards affecting State Government.
86G. Appeals.
86H. Parties on whom order or decision of Wage Boards is binding.
86I. Review of order or decision by Wage Board.
86J. Superintendence by Industrial Court.
86K. Order or decision of Wage Board not to be called in question.
86KK. Transfer of certain disputes to Wage Board.
CHAPTER XII-B
State Wage Board
86L. State Wage Board.
CHAPTER XIII
Court of Industrial Arbitration
87. Duties of Industrial Court.
88. Powers of Industrial Court.
89. Cancellation of registration of union.
90. Reference on point of law.
91. Reference regarding interpretation of Act and Rules.
92. Procedure before Industrial Court.
93. Execution of order as to costs.
94. Parties on whom orders of Industrial Court binding.
95. Order of Industrial Court to be final except on review.
95A. Law declared by Industrial Court to be binding.
96. Officer to appear in proceeding before Industrial Court.
CHAPTER XIV
Illegal Strikes and Lock-outs
97. Illegal strikes.
97A. Stoppage of work by employees in certain circumstances illegal.
98. Illegal lock-outs.
98A. Closure of work by employer in certain circumstances illegal.
99. Reference to Industrial Court for declaration whether strike, lock-out, closure or stoppage
is illegal.
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CHAPTER XV
Court of Enquiry
100. Court of Enquiry; constitution, duties and powers of.
CHAPTER XVI
Offences, Fines and Penalties
101. Employer not to dismiss, reduce or punish an employee.
102. Fine for declaring illegal lock-out or illegal closure.
103. Fine for declaring or commencing illegal strike or illegal stoppages.
104. Fine for instigating etc., illegal strikes, lock-outs, closures and stoppages.
105. Penalty for disclosing confidential information.
106. Fine for illegal change.
106A. Penalty for failure to appoint members on Joint Committee.
107. Fine for contravention of a standing order.
108. Fine for obstructing persons from carrying out duties.
109. Fines for offences not provided for elsewhere.
110. Recovery of fines, penalties and compensation.
CHAPTER XVII
Record of Industrial Conditions
111. Record of industrial matters, etc.
112. Inquiry for verification of records.
CHAPTER XVIII
Miscellaneous
113. Modifications in Schedules.
113A. Dismissal of certain applications for want of prosecution.
114. Agreement, etc., on whom binding.
115. Order or decision of Wage Board or Labour Court on whom binding.
115A. Order, decision or award to be in terms of agreement between employer and
Representative Union.
116. Agreement, etc., when to cease to have effect.
116A. Modification of award.
117. Liability of the executive of a union.
118. Powers of certain authorities to summon witnesses, etc.
118A. Offences under section 104 cognizable.
118B. Consequence of non-appearance of parties.
119. Certain officers to be public servants.
1947 : XI] The Maharashtra Industrial Relation Act 7
119A. Contempt of Industrial Court, Labour Courts and Wage Boards relating to omission to
produce documents, etc.
119B. Other kinds of contempts of Industrial Court, Labour Courts and Wage Boards.
119C. Power of Industrial Court, etc., to decide all connected matters.
119D. Power of Industrial Court, etc., to pass interim orders.
119E. Protection of action taken under this Act.
120. Provisions of Act VII of 1929 not to be affected.
121. Repeal of Bom. IX of 1934.
122. Repeal of Bom. XXV of 1938.
122A. Delegation of powers.
123. Rules.
123A. Repeal of C. P. and Berar XXIII of 1947.
SCHEDULE I
SCHEDULE II
SCHEDULE III
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1947 : XI] The Maharashtra Industrial Relation Act 9
LIST OF AMENDMENT ACTS
1. Amended by Bom. 43 of 1948
2. Amended by Bom. 74 of 1948
3. Amended by Bom. 55 of 1949
4. Adapted and modified by the Adaptation of Laws Order, 1950.
5. Amended by Bom. 63 of 1953
6. Amended by Bom. 49 of 19551
7. Amended by Bom. 35 of 1956
8. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
9. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
10. Amended by Mah. 22 of 1965
11. Amended by Mah. 36 of 1966
12. Amended by Mah. 3 of 1968
13. Amended by Mah. 47 of 1977 (12-12-1977)
14. Amended by Mah. 38 of 2005
15. Amended by Mah. 24 of 2012 (22-8-2012)
16. Amended by Mah. 20 of 2023 (19-4-2023)
17. Amended by Mah. 56 of 2025 (31-12-2025)
1 Section 6 of Bom. 49 of 1955, reads as follows :—
“6. Amendments made by sections 3 and 4 to come into force from the date on which Principal Act came
into force.— Notwithstanding anything contained in any judgment, decree or order of a court, the amendments made by
sections 3 and 4 of the Act shall be deemed to have come into force with effect from the date on which the Bombay
Industrial Relations Act, 1946 (Bom. XI of 1947), came into force :
Provided that, nothing in the section shall render any person liable to convic tion of an offence in respect of any
Act committed by him before the date of the coming into force of this Act, if such act was not an offence under the said
Act at the aforesaid date, but for the provisions of this section.”.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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1947 : XI] The Maharashtra Industrial Relation Act 11
BOMBAY ACT No. XI OF 19471
[THE MAHARASHTRA INDUSTRIAL RELATIONS ACT.]2
[This Act received the assent of the Governor General on 9th April 1947; assent was
first published in the Bombay Government Gazette, Part IV, Extraordinary, on the 15th April 1947.]
An Act to regulate the relations of employers and employees, to make provision for
settlement of industrial disputes and to provide for certain other purposes.
WHEREAS it is expedient to provide for the regulation of the relations of employers and
employees in certain matters, to consolidate and amend the law relating to the settlement of industrial
disputes and to provide for certain other purposes; It is hereby enacted as follows :—
CHAPTER I
Preliminary
1. Short title.— This Act may be called 3[the Maharashtra Industrial Relations Act].
2. Extent, commencement and application.— (1) This Act extends to the 4[whole of the State
of Maharashtra].
(2) It shall come into force on such date as the 5[State] Government may by notification in the
Official Gazette specify :
6[Provided that, on the commencement of the Bombay Industrial Relations (Extension and
Amendment) Act, 1964 (Mah. XXII of 1965) , this Act shall come into force in those areas of the
Vidarbha area of the State in which immediately before such commencement the Central Provinces and
Berar Industrial Disputes Settlement Act, 1947 (C. P. and Berar XXIII of 1947), was in force.]
(3) In the areas in which the Bombay Industrial Disputes Act, 1938 (Bom. XXV of 1938), was in
force immediately before the commencement of this Act, this Act shall apply to the industries to which
the said Act applied :
7[Provided that this Act shall cease to apply with effect from the date on which the Bombay
Industrial R elations (Amendment) Act, 1949 (Bom. LV of 1949) , comes into force, to the Imperial
Bank of India and any banking company as defined in section 5 of the Banking Companies Act, 1949
(X of 1949), having branches or other establishments in more than one 8[State]].
(4) The 9[State] Government may by notification in the Official Gazette apply all or any of the
provisions of this Act to all or any other industries, whether generally or any local area as may be
specified in such notification :
10[Provided that on the commencement of the Bombay Industrial Relations (Extension and
Amendment) Act, 1964 (Mah. XXII of 1965) , all the provisions of this Act shall apply to those
1 For Statement of Objects and Reasons, see Bombay Government Gazette , 1946, Pt. V. 209; and for proceedings in
Assembly, see Bombay Legislative Assembly Debates 1946, Vol. IX; and for proceedings in Council, see Bombay
Legislative Council Debates, 1946, Vol. XI.
2 This Act is extended to the rest of the State of Maharashtra (vide Mah. 22 of 1965, s. 2).
3 The short title was amended for “the Bombay Industrial Relations Act, 1946” by Mah. 24 of 2012, ss. 2 and 3, Schedule
entry 25, w.e.f. 1-5-1960.
4 These words were substituted for the words “Bombay area of the State of Maharashtra” by Mah. 22 of 1965, s. 3(a).
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 This proviso was added by Mah. 22 of 1965, s. 3(b).
7 This proviso was added by Bom. 55 of 1949, s. 2, Addition of the said proviso shall not affect any proceedings, other
than a proceeding in respect of a reference made by the State Government or any officer or authority subordinate to it,
pending before the Industrial Court or a Labour Court or the Registrar on the date on which Bom. 55 of 1949 comes in to
force and to which the Imperial Bank of India or a banking company referred to in the said proviso is a party, and such
proceeding shall be continued and disposed of as if Bom. 55 of 1949 had not been passed ( vide s. 20 of
Bom. 55 of 1949).
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 This proviso was added by Mah. 22 of 1965, s. 3(c).
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industries in the Vidarbha area of the State to which the Central Provinces and Berar Industri al
Disputes Settlement Act, 1947 (C. P. and Berar XXIII of 1947), applied.]
1[(5) The State Government may, by notification in the Official Gazette, direct that the provisions
of this Act shall cease to apply to such industry in such area and from such date as may be specified in
the notification ; and thereupon on that date, the provisions of this Act shall cease to apply to that
industry in such area, and thereupon, the provision of section 7 of the Bombay General Clauses Act,
1904 (Bom. I of 1904), shall apply to such cesser as if this Act had then been repealed in relation to the
said industry in such area by a Maharashtra Act.
(6) On the application of this Act to any industry generally or in any area, in the manner provided
in the foregoing provisio ns of this section, all rules, regulations, orders and notifications made or
issued or deemed to be made or issued under this Act, and in force in the Bombay area of the State
immediately before such application to any industry shall in so far as they are not inconsistent with the
provisions of the Principal Act, as amended by the Bombay Industrial Relations (Extension and
Amendment) Act, 1964 (Mah. XXII of 1965), also apply to such industry generally, or as the case may
be, in that area until duly rescinded or amended.]
3. Definitions.— In this Act unless there is anything repugnant in the subject or context—
(1) “approved list” means the list of approved unions maintained by the Registrar under
section 12 ;
(2) “approved union” means a union on the approved list ;
(3) “arbitration proceeding” means—
(i) any proceeding under this Act before an arbitrator,
(ii) any proc eeding before a Labour Court, 2[a Wage Board] or the Industrial Court in
arbitration ;
(4) “arbitrator ” means an arbitrator to whom a dispute is referred for arbitration under the
provisions of this Act and includes an umpire ;
(5) “association of employers” means any combination o f employers recognised by the 3[State]
Government under section 27 ;
(6) “ award” means any 4[interim, final or supplementary] determination in an arbitration
proceeding of any industrial dispute or of any question relating thereto ;
(7) “Board” means a Board of Conciliation appointed under section 7 ;
(8) “change” means an alteration in an industrial matter ;
5[(8A) “closure” means the closing of any place or part of a place of employment or the total or
partial suspension of work by an employer or the total or partial refusal by an employer to continue to
employ persons emplo yed by hi m, whether such closing, suspen sion or refusal is or is not in
consequence of an industrial dispute ;]
(9) “Commissioner of Labour” mean s an officer appointed by the 6[State] Government for the
time being to be the Commissioner of Labour ; and in respect of any of the powers and duties of the
Commissioner of Labour that may be conferred and imposed on any person, includes such person ;
(10) “conciliation proceeding” means any proceeding held by a Conciliator or a Board under this
Act ;
(11) “Conciliator” means any Conciliator appointed under this Act and i ncludes the Chief
Conciliator 7[and Additional Chief Conciliator] or a Special Conciliator ;
(12) “Court of Enquiry” means a Court constituted under section 100 ;
1 Sub-sections (5) and (6) were added by Mah. 22 of 1965, s. 3(d).
2 These words were inserted by Bom. 74 of 1948, s. 2(a).
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 These words were substituted for the words “interim or final” by Bom. 55 of 1949, s. 3(1).
5 This clause was inserted by Bom. 74 of 1948, s. 2(b).
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 These words were inserted by Mah. 22 of 1965, s. 4(a).
1947 : XI] The Maharashtra Industrial Relation Act 13
(13) “employee” means any person employed to do a ny skilled or unskilled 1* * * work for hire
or reward in any industry and includes,—
(a) a person employed by a contractor to do any work for him in the execution of a contract
with an employer within the meaning of sub-clause (e) of clause (14) ;
(b) a person who has been 2[dismissed, discharged or retrenched or whose services have
been terminated, from employment] on account of any dispute relating to change in respect of
which a notice is given or an application made under section 42 whether before or after his
3[dismissal, discharge, retrenchment or, as the case may be, termination from employment ;]
4[but does not include—
(i) a person employed primarily in a managerial, administrative, supe rvisory or technical
capacity 5[drawing basic pay (exclud ing allowances) exceed ing 6[six thousand five hundred
rupees per month];]
(ii) any other person or class of persons employed in the same capacity as those specified in
clause (i) above irrespective of the amount of the pay drawn by such persons which the State
Government may, by notification in the Official Gazette, specify in this behalf ;]
(14) “employer” includes—
(a) an association or a group of employers ;
(b) any agent of an employer ;
(c) where an industry is conducted or carried on by a department of the 7[State] Government
the authority prescribed in that behalf, and where no such authority has been prescribed, the head
of the department ;
(d) where an industry is conducted or carried on by or on behalf of a local authority, the
chief executive officer of the authority ;
(e) where the owner of any undertaking in the course of or for the purpose of conducting the
undertaking contracts with any person for the execution by or under the contractor of the whole or
any part of any work which is ordinarily part of the undertaking, the owner of the undertaking ;
(15) “illegal change ” means an illegal change within the meaning of sub -section ( 4) or ( 5) of
section 46 ;
(16) “Industrial Court” means the Court of Industrial Arbitration constituted under section 10 ;
(17) “industrial dispute” means any dispute or difference between an employer and employee or
between employers and employees or between employees and employees and which is connected with
any industrial matter ;
(18) “industrial matter ” means any matter relating to employment, work, wages, hours of work,
privileges, rights or duties of employers or employees, or the mode, terms and condition of
employment, and includes—
(a) all matters pertaining to the relationship between employers and employees, or t o the
dismissal or non-employment of any person ;
(b) all matters pertaining to the demarcation of functions of any employees or classes of
employees ;
(c) all matters pertaining to any right or claim under or in respect of or concerning a
registered agreement or a submission, settlement or award made under this Act ;
1 The words “manual or clerical” were deleted by Bom. 63 of 1953, s. 2(1)(a).
2 These words were substituted for the words “dismissed or discharged” by Mah. 22 of 1965, s. 4(b)(i).
3 These words were substituted for the words “dismissal or discharged” by Mah. 22 of 1965, s. 4(b)(i).
4 This portion was added by Bom. 63 of 1953, s. 2(1)(d).
5 These words were substituted for the words and brackets “drawing basic pay (excluding allowances) of three hundred
and fifty rupees or more per month;” by Mah. 22 of 1965, s. 4(b)(ii).
6 These words were substituted for the words “one thousand rupees per month” by Mah. 38 of 2005, s. 2.
7 The word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
14 The Maharashtra Industrial Relation Act [1947 : XI
(d) all questions of what is fair and right in relation to any industrial matter having regard to
the interest of the person immediately concerned and of the community as a whole ;
(19) “industry” means—
(a) any business, trade, manufacture or undertaking or calling of employers ;
(b) any calling, service, employment, handicraft, or industrial o ccupation or avocation of
employees;
and includes—
(i) agriculture and agricultural operations ;
(ii) any branch of an industry or group of industries which the 1[State] Government
may by notification in the Official Gazette declare to be an industry for the purposes of this
Act ;
(20) “Joint Committee” means a Joint Committee constituted under section 48 ;
(21) “Labour Court” means a Labour Court constituted under section 9 ;
(22) “Labour Officer” means an officer appointed to perform the duties of a Labour Officer under
this Act; and includes in respect of such powers and duties of the Labour Officer as may be conferred
and imposed on him, an Assistant Labour Officer ;
(23) “local area” means any area 2[(including the en tire State)] notified as a local area for the
purposes of this Act 3[or for different industries ;]
(24) “lock -out” means the closing of a place or part of a place of employment or the total or
partial suspension of work by an employer or the total or par tial refusal by an employer to continue to
employ persons employed by him, where such closing, suspension or refusal occurs in consequence of
an industrial dispute and is intended for the purpose of—
(a) compelling any of the employees directly affected by such closing, suspension or refusal
or any other employees of his, or
(b) aiding any other employer in compelling persons employed by him, to accept any term
or condition of or affecting employment ;
(25) “member” means a person who is an ordinary memb er of a union and who has paid a
subscription of not less than 4[twenty-five paise] 5[per calendar month] :
Provided that, no person shall at any time be deemed to be a member if hi s subscription is in
arrears 6[or a period of more than three calendar months during the period of six months i mmediately
preceding such time.]
7[Explanation.— A subscription for a particular ca lendar month shall, for the pur poses of this
clause, be deemed to be in arrears if such subscription is not paid by the end of the c alendar month in
respect of which it is due ] ;
(26) “occupation” means such section of an undertaking as is recognised under section 11 to be
an occupation ;
(27) “prescribed” means prescribed by rules made under this Act ;
(28) “Primary Union” means a union for the time being registered as a Primary Union under this
Act ;
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words were inserted by Mah. 22 of 1965, s. 4(c)(i).
3 These words were added by Mah. 22 of 1965, s. 4(c)(ii).
4 These words were substituted for the words “two annas” by Mah. 22 of 1965, s. 4(d)(i).
5 These words were substituted for the words “per month” by Bom. 63 of 1953, s. 2(2)(a).
6 This portion was substituted for the words “for a period of three calendar months or more next preceding such time” by
Mah. 22 of 1965, s. 4(d)(ii)
7 This Explanation was inserted by Bom. 63 of 1953, s. 2(2)(c).
1947 : XI] The Maharashtra Industrial Relation Act 15
(29) “Qualified Union” means a union for the time being registered as a Qualified Union under
this Act ;
(30) “registered union” means a union registered under this Act ;
(31) “Registrar” means a person for the time being appointed to be the Registrar of Unions under
this Act ; and includes 1[an additional Registrar , and] in respect of such powers and duties of the
Registrar as may be conferred and imposed on him, an Assistant Registar of Unions;
(32) “representative of employees” means a represe ntative of employees entitled 2[to appear or
act ] as such under section 30 ;
(33) “Representative Union” means a union for the time being registered as a Represen tative
Union under this Act ;
(34) “schedule” means a schedule appended to this Act ;
(35) “Settlement” means a settlement arrived at during the course of a conciliation proceeding ;
3[and for the purpose of section 44B includes a settlement arrived at within two months from the date
of the completion of any conciliation proceeding which has failed ; ]
4[(35A) “Stoppage” means a total or partial cessation of work by the employees in an industry
acting in combination or a concerted refusal or a refusal u nder a common understanding of employees
to continue to work or to accept work, whether such cessation or refusal is or is not in consequ ence of
an industrial dispute ;]
(36) “strike” means a total or partial cessation of work by the employees in an industry acting in
combination or a concerted refusal or a refusal under a common understanding of employees to
continue to work or to accept work, where such cessation or refusal is in consequence of an industrial
dispute ;
(37) “undertaking” means such concern in any industry as is recognised by the Registrar under
section 11 ;
(38) “union” means a Trade Union of employees which is registered under the Indian Trade
Unions Act, 1926 (XVI of 1926) ;
5[(38A) “Wage Board” means a Wage Board constituted under section 86A] ;
(39) “wages” means remuneration of all kinds capable of being expressed in terms of money and
payable to an employee in respect of his employment or work done i n such employment and
includes—
(i) any bonus, allowances (including dearness allowance), reward or additional
remuneration ;
(ii) the value of any house accommodation, light, water, medical attendance or other
amenity or service ;
(iii) any contribution by the employer to any pension or provident fund ;
(iv) any travelling allowance or the value of any travelling concession ;
(v) any sum paid or payable to or on behalf of an employee to defray special expenses
entailed on him the nature of his employment ;
6[(vi) gratuity payable, if any].
CHAPTER II
Authorities to be constituted or appointed under this Act
4. Commissioner of Labour.— (1) The 7[State] Government shall, by notification in the Official
Gazette, appoint a person to be Commissioner of Labour.
1 These words were inserted by Mah. 22 of 1965, s. (4)(e).
2 These words were substituted for the words “to act” by Bom. 55 of 1949, s. 3(ii).
3 This portion was added by Bom. 63 of 1953, s. 2(3).
4 This clause was inserted by Bom. 74 of 1948 s. 2(c).
5 This clause was inserted by Bom. 43 of 1948, s. 2.
6 This sub-clause was substituted by Mah. 22 of 1965, s. 4(f).
7 This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
16 The Maharashtra Industrial Relation Act [1947 : XI
(2) The 1[State] Government may, by general or special order, notified in the Official Gazette
confer and impose all or any of the powers and duties of the Commissioner of Labour on any person
whether generally or for any local area.
5. Registrar, 2[Additional Registrars ] and Assistant Registrars. — (1) The 3[State]
Government shall, by notificati on in the Official Gazette , appoint a person to b e the Registrar of
Unions for 4[the whole of the State of Maharashtra].
5[(1A) The State Government may, by similar notification, appoint one or more Additional
Registrars of Unions for the whole State or f or any local area thereof. An Additional Registrar of
Unions shall exercise such powers and perform such duties of the Registrar under the provisions of this
Act, as the State Government may, by notification in the Official Gazette, specify in this behalf.
(1B) An Additional Registrar shall not be subordinate to the Registrar except as respects such
matters as the State Government may, by general or special order, specify in this behalf.]
(2) The 6[State] Government may, by similar notification, appoint a person to be the Assistant
Registrar of Unions for any local area and may, by general or special order, confer on such person all
or any of the powers of the Registrar of Unions under this Act.
6. Conciliators.— (1) The 7[State] Government shall appoint a person to be the Chief
Conciliator. His jurisdiction shall extend 8[throughout the 9[State of Maharashtra]].
10[(1A) The State Government may appoint one or more Additional Chief Conciliators for the
whole State or for any local area thereof. An Additional Chief Conciliator shall exercise such powers
and perform such duties of the Chief Conciliator under the provisions of this Act as the State
Government may, by notification in the Official Gazette, specify in this behalf.
(1B) An Additional Chief Conciliator shall not be subordinate to the Chief Conciliator, except as
respects such matters as the State Government may, by general or special order, specify in this behalf.]
(2) The 11[State] Government may, by notification in the Official Gazette, appoint any person to
be a Conciliator for any industry in a local area specified in the notification.
(3) The 12[State] Government may, by notification in the Official Gazette, appoint any person to
be a S pecial Conciliator for such local area or for such industry for such local area or for such
industrial dispute or class or disputes as may be specified in the notification.
7. Board of Conciliation.— (1) When an industrial dispute arises the 13[State] Government may,
by notification in the Official Gazette, constitute a Board of Conciliation for promoting the settlement
of such dispute.
(2) The Board shall consist of a Chairman who shall be an independent person and an even
number of members. Every member shall be either an independent pe rson or a person chosen by the
14[State] Government from a panel representing the interests of the employers or employees, provided
that the number of person chosen from panels representing employers and the number chosen f rom
1 This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words were added by Mah. 22 of 1965, s. 5(c).
3 This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 These words were substituted for the words “the whole of the Bombay area of the State of Maharashtra” by Mah. 22 of
1965, s. 5(a).
5 These sub-sections were inserted by Mah. 22 of 1965, s. 5(b).
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 These words were substituted for the words “throughout the State” by the Bombay Adaption of Laws (State and
concurrent Subjects) Order, 1956.
9 These words were substituted for the words “Bombay area of the State of Maharashtra” by Mah. 22 of 1965, s. 6(a).
10 These sub-sections were inserted by Mah. 22 of 1965, s. 6(b)
11 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
12 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
13 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
14 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1947 : XI] The Maharashtra Industrial Relation Act 17
panels representing employees shall be equal. Such panels shall be constituted in the manner
prescribed.
(3) If any vacancy occurs in the office of the Chairman or a member of the Board before the
Board has completed its work, such vacancy shall be fi lled in the manner prescribed and the
proceedings shall be continued before the Board as so reconstituted from the stage at which they were
when the vacancy occurred.
Explanation.— For the purposes of this section a person shall be deemed to be an indepen dent
person if he is unconnected with the dispute for the settlement of which the Board is constituted and
the industry directly affected by the dispute.
8. Labour Officers and Assistant Labour Officers. — (1) The 1[State] Government may, by
notification in the Official Gazette, appoint Labour Officers for any local area or areas;
(2) The 2[State] Government may, by similar notification, appoint Assistant Labour Officers for
any local area or areas, and may by general or special order confer on them all or any of the powers of
the Labour Officer under this Act.
9. Labour Courts. — The 3[State] Government shall, by notification in the Official Gazette ,
constitute one or more Labour Courts having jurisdiction in such local areas as may be specified in
such notification and shall appoint persons having 4[the following qualifications] to preside over such
Courts :
5[A person shall not be qualified for appointment as the presiding officer of a Labour Court,
unless—
(a) he has held any judicial office in India for not less than five years ; or
(b) he has practised as an Advocate or Attorney for not less than seven years in the High
Court or any Court subordinate thereto, or in any Industrial Court, Tribunal or Labour Court
constituted under any law for the time being in force ; or
(c) he holds a degree in law of a University established by law in any part of India and is
holding or has held an office not lower in rank than that of Deputy Registrar of any such
Industrial Court or Tribunal, or of Assistant Commis sioner of Labour under the State
Government, in both cases for not less than five years.]
10. Industrial Court. — (1) The 6[State] Government shall constitute a Court of Industrial
Arbitration .
(2) The Industrial Court shall consist of three or more members, one of whom shall be its
President.
(3) Every member of the Indu strial Court shall be a person 7[who is not connected with the
industrial dispute referred to such court or with any industry directly affected by such dispute :
Provided that, no person shall be deemed to be co nnected with the industrial dis pute or with the
industry by reason only of the fact that he is a share -holder of an incorporated company which is
connected with, or likely to be affected by such indus trial dispute; but in such a case, he shall disclose
to the State Government the nature and extent of the shares held by him in such company.]
(4) Every member of the Industrial Court shall be a person who is or has been a judg e of High
Court or is eligible for being appointed a judge of such Court :
8[Provided that,—
1 This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
2 This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
3 This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
4 These words were substituted for the words “the prescribed qualifications” by Mah. 47 of 1977, s. 3(1).
5 This portion was substituted for the proviso by Mah. 47 of 1977, s. 3(2).
6 This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
7 This portion was substituted and shall be deemed always to have been substituted for the words “who is not connected
with any industry” by Bom. 35 of 1956, s. 2.
8 These proviso were substituted for the original by Mah. 47 of 1977, s. 4.
18 The Maharashtra Industrial Relation Act [1947 : XI
(a) a person who has been a Judge not lower in rank than that of Assistant Judge, for not
less than three years ; or
(b) a person who has been the presiding officer of a Labour Court constituted under any law
for the time being in force, for not less than five years ; or
(c) a person who holds a degree in law of a University established by law in any part of
India and is holding or has held an off ice not lower in rank than that of Assistant Commissioner
of Labour under the State Government, for not less than ten years,
shall also be eligible for appointment as a member of the Industrial Court :
Provided further that, one member of the Industrial Court may be a person not so eligible, if
in the opinion of the State Government he possesses expert knowledge of industrial matters.]
CHAPTER III.
Registration of Unions.
11. Recognition of under taking and occupations. — The Registrar may, after making such
inquiry as he deems fit, recognise for the purposes of this Act—
(1) any concern in an industry to be an undertaking ;
(2) any section of an undertaking to be an occupation.
12. Maintenance of registers and approved list.— It shall be the duty of the Registrar to
maintain in such forms as may be prescribed—
(a) registers of unions registered by him under the provisions of this Act, and
(b) a list of approved unions.
13. Application for registration. — (1) Any unio n which has for the whole of the period of
1[three calendar months immediately preceding the calenda r month in which it so applies] under this
section a memberships of 2[not less than twenty -five per cent.] of the total number of employees
employed in any industry in any local area may apply in the prescribed form to the Registrar for
registration as a Representative Union for such industry in such local area.
(2) If in any local area no Represent ative Union has been registered in respect of an industry a
union which has for the whole of the period of 3[three calenda r months i mmediately preceding the
calendar month in which it so applies] under this section a membership of not less than five per cent. of
the total number of employees employed in such industry in the said area may apply in the prescribed
form to the Registrar for registration as a Qualified Union for such industry in such local area.
(3) If in any local area, neither a Representativ e Union nor a Qualified Union has been registered
in respect of an industry, a union having a membership of not less than fifteen per cent. of the total
number of employees employed in any undertaking in such industry in the said area and complying
with the conditions specified in section 23 as necessary for its being placed on the approved list may
apply in the prescribed form to the Registrar for Registration as a Primary Union for such industry in
such local area.
4[(4) Notwithstanding anything contained in this section, if a union makes a fresh application for
registration as a Representative Union, Qualified Union or, as the case may be, Primary Union, before
a previous application for such registration has been finally disposed of by the Registrar, th e Registrar
shall not entertain such application.]
1 This word were substituted for the word “three months next preceding the date of its so applying” by Bom. 63 of 1953,
s. 3.
2 These words were substituted for the words “not less than fifteen per cent.” by Mah. 22 of 1965, s. 7(a).
3 This word were substituted for the word “three months next preceding the date of its so applying” by Bom. 63 of 1953,
s. 3.
4 This sub-section was added by Bom. 63 of 1953, s. 7(b).
1947 : XI] The Maharashtra Industrial Relation Act 19
14. Registration of Union. — On receipt of an application from a union for registration under
section 13 and on payment of the fee prescribed, the Registrar shall, if after holding such inquiry as he
deems fit he comes to the conclusion that the conditions requisite for registration specifieExcerpt shown. Open the full act in Lexace.