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Section 9B: Power of Government to exempt

The Industrial Disputes Act, 1947State Act of Bihar · Act 14 of 1947

Where the appropriate Government is of opinion that the application of the provisions of section 9A to any class of industrial establishments or to any class of workmen employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workmen employed in any industrial establishment.]

3[CHAPTER IIB GRIEVANCE REDRESSAL MACHINERY

9C. Setting up of Grievance Redressal Machinery.—(1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.

(2) The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen.

(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year.

(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:

Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately.

(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act.

1. Ins. by Act 36 of 1956, s. 6 (w.e.f. 10-3-1957).

2. Subs. by Act 24 of 2010, s. 6, for Chapter IIB (w.e.f. 15-9-2010).

3. Ins. by Act 46 of 1982, s. 7 (w.e.f. 21-8-1984).

21

(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party.

(7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned.

(8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment.]

Rajasthan Amendment of section 9D, Central Act 14 of 1947.-In the Industrial Disputes Act, 1947 (Central Act 14 of 1947), as amended by the Industrial Disputes (Rajasthan Amendment) Act, 1958 (Rajasthan Act 34 of 1958), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in section 9D, for the words "three months next preceding the date of its so applying", the words "at least three months during the period of six months immediately preceding the calendar month in which it so applies" shall be substituted.

[Vide Rajasthan Act 14 of 1970, s. 2] Amendment of section 9E, Central Act 14 of 1947.-In section 9E of the principal Act, the existing section shall be numbered as subsection (1) and after sub-section (1) so re-numbered, the following new sub-section shall be inserted, namely:- "(2) Once a union has been registered as a representative union under this Act, the registration of the union shall be held valid for a period of two years from the date of its registration and shall continue to hold valid unless the registration is cancelled under section 9F of this Act or another union is registered in its place according to section 9G of this Act."

[Vide Rajasthan Act 14 of 1970, s. 3] Amendment of section 9F, Central Act 14 of 1947.-In sub-clause (ii) of clause (a) of section 9F of the principal Act, after the words "continuous period of three months", the words "at any time after two years from the date of its registration" shall be inserted.

[Vide Rajasthan Act 14 of 1970, s. 4] Amendment of Chapter II-B, Central Act No.14 of 1947.- Chapter II-B of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as “CHAPTER IIC”.

[Vide Rajasthan Act 21 of 2014, s. 4] Amendment of section 9G, Central Act 14 of 1947.-In section 9G of the principal Act-

(a) in sub-section (1)—

(i) the words "at any time", occurring after the word "If" shall be deleted; and

(ii) after the words "for a unit of an industry", the words "at any time after a lapse of two years from the date of registration of the representative union" shall be inserted; and

(b) in sub-section (3), for the words "three months immediately preceding the date of the application", the words "at least three months during the period of six months immediately preceding the calendar month in which it so applied" shall be substituted.

[Vide Rajasthan Act 14 of 1970, s. 5] Amendment of section 9C, Central Act No. 14 of 1947.- Section 9C of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as “9CC”.

[Vide Rajasthan Act 21 of 2014, s. 5] Amendment of section 9D, Central Act No. 14 of 1947.- In section 9D of the principal Act, as inserted by the Rajasthan Act No. 34 of 1958, the existing expression “fifteen per cent” shall be substituted by the expression “thirty per cent”.

[Vide Rajasthan Act 21 of 2014, s. 6] 22

CHAPTER III REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS

Where this provision sits

ActThe Industrial Disputes Act, 1947
Section9B
Marginal notePower of Government to exempt
JurisdictionState of Bihar
StatusIn force as published by the source

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