An Act to regulate the relation 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 relation 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 purpose. It is hereby enacted as follows :-

CHAPTER I.

PRELIMINARY

     1. This Act may be called the Bombay Industrial Relations Act. 1946.

     2. 1[(I) This Act extends to the whole of the State of Gujarat.]

     ²[(2) (a)] It shall come into force on such date as the 3[State] Government may by notification in the Official Gazette, specify.

     ²[(b) In those areas*of the State of Gujarat to which it is extended by the Bombay Industrial Relations (Gujarat Extension and Amendment) Act, 1961, it shall come in to force on such other date as the State Government may by modification in the Official Gazette, specify.]

     (3) In the areas in which the Bombay Industrial Disputes Act, 1938, was in force immediately before the commencement of this Act, this Act shall apply to the industries to which the said Act applied :

     ⁴[Provided that this Act shall cease to apply with effect from the date on which the Bombay Industrial Relations (Amendment) Act, 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 having branches or other establishments in more than one 3[State].]

     1. Sub-section (1) was substituted for the original by Guj. 20 of 1961, s.3(a).

     2. Sub-section (2) was renumbered as (2) (a) and clause (b) was inserted, ibid., s.3(b)

     3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

     * The Bombay industrial Relations Act, 1946 has been extended to the Saurashtra and Kutchh areas of the State of Gujarat by Bombay Industrial relations (Gujarat Extension and Amendment) Act, 1961 (Guj. XX of 1961)s. 2. Section 2 of Gujarat XX of 1961 reads as follows, namely :-

     2. The Bombay Industrial Relations Act, 1946 as in force in the Bombay area of the State of Gujarat immediately before the commencement of this Act, is hereby extended to the Saurashtra and Kutchh areas of the State Gujarat."/

     4. 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 Sate 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 into force and to which the Imperial Bank of India or a banking company reffered 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)



Defination

3. 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 union on the approved list;

(3)"arbitration proceeding" means-

(i) any proceeding under this Act before an arbitrator.

(ii) any proceeding 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 employer: means any combination of employers recognised by the 1[State] Government under section 27;

(6)"award" means any 3[interim, final or supplementary] determination in an arbitration proceeding of any industrial dispute or of any question relating thereto;

(7)"boar" means a Board of Conciliation appointed under section 7;

(8)"change" means an alteration in an industrial matter;

⁴[(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 partial refusal by an employer to continue to employ person employed by him, whether such closing, suspension or refusal is or is not in consequence of an industrial dispute;]

(9)"Commissioner of Labour: means an officer appointed by the 1[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)"Conciliation" means any Conciliator appointed under this Act and includes the Chief Conciliator or a Special Conciliator;