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48. (1) a Joint Committee may be constituted for an undertaking or occupation with the consent of the employer and the registered union for the industry for the local area 1[and shall be constituted irrespective of such consent, if the 2[State] Government on an application made to it in this behalf by the registered union so directs] : Provided that no Joint Committee shall be so constituted in respect of an undertaking or occupation where there is no representative union, unless not less than fifteen percent. Of the employees are members of a registered union. (2) On application made in this behalf by the employer or the Union to the registrar, a Joint Committee shall be entered in a list of Joint Committees maintained by him, and thereupon all the provisions of this Act shall apply to the Joint Committee. 3[(3) Every Joint Committee shall stand dissolved whenever the condition specified in the proviso to sub-section (1) ceases to be complied with ; and a Joint committee constituted with the consent of the employer and the registered union shall also stand dissolved on the expiry of the period of a three month's notice in that behalf being given by the employer to union, or by the union to the employer. 49. (1) A Joint Committee shall consist of such number of members as may be prescribed, half the number shall in the prescribed manner be nominated by the union 4[from among employees in the undertaking or occupation concerned], and the other half appointed by the employer concerned. 3[Where the Joint Committee is to be constituted in pursuance of a direction of the 2[State] Government on an application made by the registered union, the union and the employer shall nominate and appoint the members within such period as the 2[State] Government may by order specify. A copy of such order shall, as soon as may be, be given to the union and the employer in the manner prescribed.] (2) A Chairman shall be appointed in accordance with rules made in this behalf. He shall perform his duties in the prescribed manner. 50. (1) A representative of the registered union may attend any meeting of the Joint Committee, to advise the members representing the employees. (2) The proceeding of the Joint Committee shall be conducted the manner prescribed. (3) The proceedings
shall be recorded in a minute book 6[in a language understood by majority
of the employees.]
Provided that no such proposal shall be moved for a change in respect of any industrial matter if such change could not for the time being be made under this Act. (2) The decision of the Joint Committee regarding every change proposed under the provisions of sub-section (1) together with all necessary particulars regarding such change shall within forty-eight hours be communicated to the registered union and the employer as well as the Labour Officer and the Commissioner of the Labour. 52. (1) where an agreement is arrived at between the employer and the union regarding any change proposed in the Joint Committee under sub-section (1) of section 51, a memorandum of such agreement signed by them shall be forwarded by the employer in the prescribed manner to the Registrar and Labour Officer and all the provisions, of this Act shall apply to such agreement as they would apply in respect of an agreement under sub-section (1) of section 44. (2) If within seven days from the receipt of a decision under sub-section (2) of section 51, the employer or the union sends an intimation (hereinafter called special intimation] in the prescribed form to the Conciliator for the industry for the local area stating that the change proposed in the Joint Committee. Being a change in respect of a matter not specified in Schedule I of III, of such change with specified alterations, should be made, and that no agreement in respect thereof has been arrived at between the union and the employer, the Conciliator shall forthwith enter the case as an industrial dispute in the register kept under section 55, and provisions of this Act, shall apply to it as if a statement were submitted under section 54. (3) if within seven days from the receipt of a decision under sub-section (2) of section 51 regarding a matter specified in clause (a) of paragraph A of sub-section (1) of section 78 the employer or union sends a special application in respect of such matter to the Labour Court having jurisdiction, the Labour Court shall forthwith proceed to decide the dispute under the provisions of Chapter XII. (4) A copy of every special intimation sent under sub-section (2) shall be forwarded to the Chief Conciliator, the Conciliator for the industry for the local area concerned the Registrar, the Labour Officer and such other person as may be prescribed. 53. (1) The union may authorise such proportion [hereinafter called the authorised proportion], not being less then three-fourths of the member representing the employees on the joint Committee, to accept or reject on its behalf any proposal or class of proposals moved in the Committee. (2) The employer may authorise a proportion of the members representing him on the Committee to accept or reject on his behalf any proposal or class of proposals moved in the Committee. (3) For period of two months after a decision of the Committee, no notice of change under section 42, or special intimation or application under section 52 shall be given or made- (a) where the union
acts under sub-section (1), by the employees concerned or the union, contrary
to the decision of the authorised proportion accepting a proposal in respect
of which it is authorised ; and (4) The union whenever its acts under sub-section (1), and the employer whenever he acts under sub-section (2), shall communicate the fact to the Chief Conciliator, the Conciliator for the industry for the local area concerned and the Registrar.
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