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Industrial Disputes Act, 1947


Foot Notes

1 Substituted by Act No. 36 of 1956, for the former sub-section w.e.f. 29th. August, 1956.

2 Proviso omitted by Act No. 51 of 1970, section 2 and Schedule w.e.f. 1st. September, 1971.

3 Certain words and figures inserted by Act No. 10 of 1963, section 47 and Schedule II, have been omitted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

4 The words "by the Federal Railway Authority" omitted by A.O. 1948.

5 Inserted by Act No. 65 of 1951.

6 The words "operating a Federal Railway" omitted by A.O. 1950.

7 Inserted by Act of 1961, w.e.f. 1st. January, 1962.

8 Substituted by Act No. 36 of 1964, for the words "the Deposit Insurance Corporation established" w.e.f. 19th. December, 1964.

9 Substituted by Act No. 45 of 1971, w.e.f. 15th. December, 1971.

10 Substituted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

11 Substituted for the words "Industrial Finance Corporation of India established under section 3 of the Industrial Finance Corporation Act, 1948" by the Industrial Disputes (Amendment) Act, 1996, w.r.e.f. 11-10-1995.

12 The words and figures "or the Indian Airlines and Air India Corporations established under section 3 of the Air Corporations Act, 1953" omitted by Industrial Disputes (Amendment) Act, 1996, w.e.f. 11-10-1995.

13 Substituted forwards and figures 'the Oil and Natural Gas Commission established under section 3 of the Oil and Natural Gas Commission Act, 1959", ibid.

14 Substituted for the words and figures 'the International Airports Authority of India constituted under section 3 of the International Airports Authority Act, 1971 ", ibid.

15 Inserted by Act No. 53 of 1987, w.e.f. 9-7-1988.

16 Substituted by Act No. 54 of 1959, for the words "a mine, oil-field".

17 Substituted for the words "a banking or an insurance company" by the Industrial Disputes (Amendment) Act, 1996, w.e.f. 11-10-1995.

18 Inserted by Act No. 36 of 1964, w.e.f 19th. December, 1964.

19 Inserted by Act No. 43 of 1953,w.e.f. 24-10-1953.

20 Clause (aa) re-lettered as clause (aaa) by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

21 Substituted by Act No. 36 of 1956, section 3, w.e.f. 10th. August, 1957.

22 Substituted by Act No. 38,1959, section 64 and Schedule III, Pat.II, for clause (bb), which was inserted by Act No. 54 of 1949, section 3.

23 See now the Banking Regulation Act, 1949.

24 Inserted by Act No. 28 of 1981, w.e.f. 1-1 -1982.

25 Inserted by Act No. 62 of 1984, w.e.f. 20th. August, 1985.

26 Inserted by Act No. 18 of 1964, w.e.f. 1st. July, 1964.

27 Substituted by Act No. 5 of 1970, for the words "and any subsidiary bank" w.e.f. 19th. July, 1969.

28 Substituted by Act No. 40 of 1980, w.e.f. 15th. April, 1980.

29 Inserted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

30 Clause (eee) omitted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

31 Substituted by Act of 1948, for the words "a Government in British India".

32 Inserted by the Act No. 45 of 1971, w.e.f. 15th. December, 1971.

33 Clause (h) omitted by the Act of 1950.

34 Inserted by Act No. 18 of 1952.

35 On the enforcement of clause (c) of section 2 of Act No. 46 of 1982, clause (j) of section 2 shall stand substituted as directed in clause (c) of that Act, as reproduced below:

(j) "industry" means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,

(i) any capital has been invested for the purpose of carrying on such activity; or

(ii) such activity is carried on with a motive to make any gain or profit, and includes-

(a) any activity of the Dock Labor Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949);

(b) any activity relating to the promotion of sales or business or both carried on by an establishment;

but does not include-

(1) any agricultural operation except where. such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.

Explanation: For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantations Labor Act, 1951 (69 of 1951); or

(2) hospitals or dispensaries; or

(3) educational, scientific, research or training institutions; or

(4) institutions owned or managed by organizations wholly or substantially engaged in any charitable, social or philanthropic service; or

(5) Khadi or village industries; or

(6) any activity of the government reliable to the sovereign functions of the government including all the activities carried on by the departments of the Central Government dealing with defense research, atomic energy and space; or

(7) any domestic service; or

(8) any activity, being a profession practiced by an individual or body of individuals, if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten; or

(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten;

36 Inserted by Act No. 54 of 1949.

37 Clause (kka) re-lettered as clause (kkb) and clause (kka) inserted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

38 Inserted by Act No. 36 of 1956, w.e.f. 10th. August, 1957.

39 Substituted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

40 Inserted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

41 Inserted by Amendment Act of 1971, w.e.f. 15th. December, 1971.

42 Substituted by Act No. 36 of 1964, for the word "Schedule" w.e.f. 19th. December, 1964.

43 Inserted by Act No. 49 of 1984, w.e.f. 18th. August, 1984.

44 Substituted by Act No. 36 of 1956 w.e.f. 7th. October, 1956.

45 Inserted by Act No. 35 of 1965, w.e.f. 1st. December, 1965.

46 Inserted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

47 Substituted by Act No. 18 of 1957, for clause (r) w.e.f. 10th. August, 1957.

48 Inserted by Act No. 43 of 1953, w.e.f. 24th. October, 1953.

49 Substituted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

50 Inserted by Act No. 35 of 1965,  w.e.f. 1st. December, 1965.

51 Substituted by Act No. 36 of 1956, w.e.f. 10th. August, 1957.

52 Inserted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

53 Clause (c) omitted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

54 Clause (a) and (b) relettered as (d) and (e) respectively by Act No. 36 of 1964, w.e.f 15th. December, 1964.

55 Inserted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

56 Inserted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

57 The word "or" and clause (b) omitted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

58 Substituted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

59 Substituted by Act No. 36 of 1956, w.e.f. 10th. August, 1957.

60 Inserted by Act No. 36 of 1956, w.e.f. 10th. August, 1957.

61 Substituted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

62 On the enforcement of section 7of Act No. 46 of 1982, a new Chapter IIB shall stand inserted as directed in section 7 of that Act, as reproduced below:

"CHAPTER II B : REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES

9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to such authorities

(1) The employer in relation to every industrial establishment in which fifty or more workmen are employed or have been employed on any day in the preceding twelve months, shall provide for, in accordance with the rules made in that behalf under this Act, a Grievance Settlement Authority for the settlement of industrial disputes connected with an individual workman employed in the establishment.

(2) Where an industrial dispute connected with an individual workman arises in an establishment referred to in sub-section (1), a workman or any trade union of workmen of which such workman is a member, refer, in such manner as may be prescribed, such dispute to the Grievance Settlement Authority provided for by the employer under that sub-section for settlement.

(3)The Grievance Settlement Authority referred to in sub-section (1) shall follow such procedure and complete its proceedings within such period as may be prescribed.

(4) No reference shall be made under Chapter III with respect to any dispute referred to in this section unless such dispute has been referred to the Grievance Settlement Authority concerned and the decision of the Grievance Settlement Authority is not acceptable to any of the parties to the dispute."

63 Substituted by Act No. 18 of 1952, for the words "if any industrial dispute exists or is apprehended, the appropriate government may".

64 Substituted by Act No. 36 of 1956, w.e.f. 10th. August, 1957.

65 Substituted by Act No. 36 of 1956, for the words "Provided that" w.e.f. 10th. August, 1957.

66 Inserted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

67 Inserted by Act No. 36 of 1956, w.e.f. 10th. August, 1957.

68 Substituted for the words 'or Tribunal' by Act No. 36 of 1956, w.e.f. 10th. August, 1957.

69 Substituted by Act No. 36 of 1956, for 'Tribunal' w.e.f. 10th. August, 1957.

70 Inserted by Act No. 36 of l956, w.e.f.10th. August, 1957.

71 Inserted by Act No. 36 of 1964, w.e.f. 15th. December, 1964.

72 Substituted, ibid, "fourteen days" w.e.f. 19th. December, 1964.

73 Substituted by Act No. 36 of 1956, for sub-section (1) w.e.f 10th. August, 1957.

74 Substituted, ibid, for the words "Court or Tribunal" w.e.f. 10th. August, 1957.

75 Substituted by Act No. 36 of 1956, for the words "and Tribunal" w.e.f. 10th. August, 1957.

76 Substituted, ibid, for the words "or Tribunal" w.e.f. 10th. August, 1957.

77 Substituted by Act No. 46 of 1982, for certain words w.e.f. 21st. August, 1984.

78 Inserted by Act No. 36 of 1956, w.e.f. 17th. September, 1956.

79 Substituted by Act No. 36 of 1956, w.e.f. 10th. August, 1957.

80 Inserted by Act No. 48 of 1950.

81 Substituted by Act No. 36 of 1956, for the words "Tribunal" w.e.f. 10th. August, 1957.

82 Substituted by Act No. 46 of 1982, for certain words and figures w.e.f. 21st. August, 1984.

83 Inserted by Act No. 45 of 1971, w.e.f. 15th. December, 1971.

84 Inserted by Act No. 35 of 1965, w.e.f. 1st. December, 1965.

85 Substituted by Act No. 36 of 1956, for the words "or Tribunal" w.e.f. 10th. August, 1957.

86 Substituted by Act No. 36 of 1956, for the words "Tribunal" w.e.f. 10th. August, 1957.

87 Substituted by Act No. 40 of 1951, for the words "of the notice under section 22". 

101 Substituted by Act No. 36 of 1956, for sections 15,16,17 and 17A, w.e.f. 10th. March, 1957.

102 Substituted by Act No. 46 of, 1982, w.e.f. 21st. August, 1984.

103 Inserted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

104 Inserted by Act No. 36 of 1956, w.e.f. 7th. October, 1956.

105 Substituted for the words "An arbitration Award" by Act No. 36 of 1964, w.e.f. 19th. December, 1964

106 Section 18 re-numbered as sub-section (3) thereof by Act No. 36 of 1956, w.e.f. 7th. October, 1956

107 Inserted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

108 Substituted by Act No. 48 of 1950, for the words, brackets and figures "an award which is declared by the appropriate government to be binding under sub-s. (2) of s. 15".

109 Inserted by Act No. 36 of 1956, w.e.f. 10th. March, 1957.

110 The words "arrived at in the course of a conciliation proceeding under this Act" omitted by Act No. 36 of 1956, w.e.f. 7th. October, 1956.

111 Former sub-section (3) substituted by Act No. 48 of 1950.

112 Inserted by Act No. 36 of 1956, w.e.f. 17th. September, 1956,

113 Substituted by Act No. 36 of 1956, for the words "to a Tribunal" w.e.f. 10th. March, 1957.

114 Substituted by Act No. 36 of 1956, for the words "the Tribunal" w.e.f. 10th. March, 1957.

115 The words "subject to the provision for appeal" omitted by Act No. 36 of 1956, w.e.f. 10th. March, 1957.

116 Inserted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

117 Substituted by Act No. 36 of 1956, for the words "or Tribunal" w.e.f. 10th. March, 1957.

118 Substituted by Act No. 36 of 1956, for the words "before a Tribunal" w.e.f. 10th. March, 1957.

119 Substituted by Act No. 36 of 1956, for the words "reference of a dispute for adjudication" w.e.f. 10th. March, 1957.

120 Substituted by Act No. 18 of 1952.

121 Substituted by Act No. 36 of 1956, for the words "court or Tribunal" w.e.f. 10th. March, 1957.

122 Substituted by Act No. 36 of 1956, for the words "a Tribunal" w.e.f. 10th. March, 1957.

123 The word "or" omitted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

124 Inserted by Act No. 43 of 1953, w.e.f. 24th. October, 1953.

125 Substituted by Act No. 32 of 1976, for the words "shall not apply" w.e.f. 5th. March, 1976.

126 Earlier Explanation substituted by Act No. 48 of 1954, w.e.f. 1st. April, 1954.

127 Substituted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

128 Former Section substituted by Act No. 35 of 1965, w.e.f. 1st. December, 1965.

129 The proviso omitted by Act No. 49 of 1984, w.e.f. 18th. August, 1984.

130 Substituted by Act No. 36 of 1964, for the words "for every completed year of service" w.e.f. 19th. December, 1964.

131 Substituted by Act No. 18 of 1957, w.r.e.f. 20th. November, 1956.

132 Inserted by Act No. 32 of 1972, w.e.f. 14th. June, 1972.

133 Substituted by Act No. 18 of 1957, w.r.e.f. 28th. November, 1956.

134 Substituted by Act No. 45 of 1971, w.e.f. 15th. December, 1971.

135 Inserted by Act No. 45 of 1971, w.e.f. 15th. December, 1971.

136 Substituted by Act No. 36 of 1964 for the words "completed year of service" w.e.f. 19th. December, 1964.

137 Earlier Provise substituted by Act No. 36 of 1964, w.e.f. 19th. December, 1964.

138 Inserted by Act No. 32 of 1976, w.e.f. 5th. March, 1976.

139 Substituted by Act No. 46 of 1982, for the words "three hundred" w.e.f. 21st. August, 1984.

140 Substituted by Act No. 49 of 1984, w.e.f. 18th. August, 1984.

141 Former sub-sections (2) to (5) substituted by Act No. 49 of 1984, w.e.f. 18th. August, 1984.

142 Sub-section (6) renumbered as sub-section (10) by Act No. 49 of 1984, w.e.f. 18th. August, 1984.

143 Omitted by Act No. 49 of 1984, w.e.f. 18th. August, 1984.

144 Sub-section (3) omitted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.

145 Inserted, ibid, w.e.f. 21st. August, 1984.

146 Substituted by Act No. 36 of 1956, w.e.f. 17th. September, 1956.

147 Inserted by Act No. 35 of 1965, w.e.f. 1st. December, 1965.

148 Substituted by Act No. 36 of 1956, w.e.f. 10th. March, 1957.

149 Inserted by Act No. 36 of 1964, section 18 w.e.f. 15th. December, 1964.

150 Substituted by Act No. 45 of 1971, for the words "an officer" w.e.f. 15th. December, 1971.

151 Inserted by Act No. 48 of 1950.

152 Substituted by, ibid, w.e.f. 21st. August, 1984.

153 Substituted by Act No. 36 of 1956, for the former section w.e.f. 19th. December, 1964.

154 Substituted for the words and figures "Chapter VA" by Act No. 32 of 1976, w.e.f. 5th. March, 1976.

155 Substituted by Act No. 48 of 1950.

156 Substituted, ibid, for the words "with the leave of the Tribunal" w.e.f. 10th. March, 1957.

157 On the enforcement of section 22 of Act No. 46 of 1982, a new clause (ab) shall stand inserted in section 38 after clause (aaa), as directed in section 22 of that Act. Text of said clause (ab) reproduced as under:

"(ab) the constitution of Grievance Settlement Authorities referred to in section 9C, the manner in which industrial disputes may be referred to such authorities for settlement, the procedure to be followed by such authorities in the proceedings in relation to disputes referred to them and the period within which such proceedings shall be completed;"

158 Substituted by Act No. 36 of 1956, for the words "and Tribunals" w.e.f. 10th. March, 1957

159 Substituted by Act No. 36 of 19.56, for the words "Board and Tribunals" w.e.f. 10th. March, 1957.

160 Substituted by Act No. 32 of 1976, w.e.f. 5th. March, 1976.

161 Substituted by Act No. 36 of 1964, w.e.f. 19th. December, 1964, which was inserted by Act No. 36 of 1956.

162 Original Schedule substituted by Act No. 36 of 1956, w.e.f. 10th. March, 1957

163 Substituted by Act No. 36 of 1964, for the words "by land, water or air" w.e.f. 19th. December, 1964

164 Entries added by notifications issued under section 40 of the Act.

165 Entry 18 omitted by Act No. 45 of 1971, w.e.f. 15th. December, 1971.

166 Inserted by SO 967, dated 8th. April, 1995.

167 Substituted by Act No. 36 of 1964, for the words "not due to forced matters" w.e.f. 19th. December, 1964

168 Inserted by Act No. 46 of 1982, w.e.f. 21st. August, 1984.



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