Draft of Industrial Relation (Madhya Pradesh) Rules, 2021

The Draft Rules of Madhya Pradesh for the Industrial Relations Code (“Draft Rules”) has been notified in the gazette on 09 February 2021.

Applicability

The Draft Rules upon coming into force shall extend to the whole state of Madhya Pradesh in respect to the industrial establishments and matters for which the State Government is the appropriate Government, and they shall come into force on the date of their publication in the Official Gazette of Madhya Pradesh.

Upon coming into force, the Rules will repeal:

  • The Madhya Pradesh Industrial Dispute Rules, 1957;
  • The Madhya Pradesh Trade Unions Regulations, 1961; and
  • The Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963.

Compliances

  • Form I - Memorandum of settlement arrived at during conciliation/ or settlement arrived at between the employer and his workers otherwise than in the course of conciliation proceeding [Rule 2]
  • Form II - Form of Auditor’s' Declaration [Rule 8(7)
  • Form III - Notice of the Dissolution or amendment in rules of a Trade Union [Rule 9(1)]
  • Form IV – Application for Registration of Trade Unions [Rule 10(1)]
  • Form V – Affidavit to be attached with the application filed for registration [Rule 10 (2)]
  • Form VI – Authorization by Trade Union [Rule 10(3)]
  • Form VII – Register of Trade Unions [Rule 10(5)]
  • Form VIII – Certificate of Registration of Trade Union Office of the Registrar of Trade Unions [Rule 10(6)]
  • Form IX - Request to Withdraw or Cancel Certificate of Registration [Rule 10(7)]
  • Form X – Application of Recognition of Trade Union as a Negotiating Union or Member of Negotiating Council [Rule 13 (3) & (4)
  • Form XI – Register of Recognition of Trade Union as a Negotiating Union or Member of Negotiating Council [Rule 13(6)]
  • Form XII - Notice of Amalgamation of Trade Unions [Rule 16(1)]
  • Form XIII - Notice of Change of Name [Rule 16(1)(iii)
  • From XIV -– Annual returns
  • Form XV - Application for recognition as the State Level Trade Union [Rule 19(1)]
  • Form XVI - Notice of change of service conditions of workers proposed by an employer [Rule 29]
  • Form XVII - Agreement for voluntary arbitration [Rule 30(1)]
  • Form XVIII - Authorization by a worker, group of workers, employer, group of employers to be represented in a proceeding before the authority under this Code [Rule 32]
  • Form XIX - Form of Oath of Office for Judicial Member of State Industrial Tribunal [Rule 33(21)]
  • Form XX - Form of Oath of Office for Administrative Member of State Industrial Tribunal [Rule 34(21)]
  • Form XXI - Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer [Rule 35(5)]
  • Form XXII - Notice of Strike to be given by Union (Name of Union)/ Group of Workers [Rule 36]
  • Form XXIII - Notice of Lock-out to be given by an employer of an industrial establishment [Rule 37(1)]
  • Form XXIV - Notice of Intimation of Retrenchment to be given by an employer to the State Government [Rule 38]
  • Form XXV - Notice of Intimation of Closure to be given by an employer to the State Government [Rule 40]
  • Form XXVI – Form of Application for permission of lay-off or for continuation of lay-off in Industrial Establishments/Undertaking to which provisions of Chapter X of the Code applies; to be presented 15 days prior to lay-offs/from the end of last lay-off [Rule 41]
  • Form XXVII – Form of Application for permission of retrenchment in Industrial Establishments/Undertaking to which provisions of Chapter X of the Code applies; to be submitted 60 days prior the retrenchment [Rule 44]
  • Form XXVIII - Form of Application for permission of closure in Industrial Establishments/Undertaking to which provisions of Chapter X of the Code applies [Rule 46]
  • Form XXIX - Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under section 89 (4)[Rule 49
  • Form XXX - Complaint under Section 91 of the Code [Rule 51]
  • Form XXXI - Manner of authorization of worker for representation under section 94 of the Code [Rule 52]
  • Form XXXII - Manner of authorization of employer for representation under section 94 of the Code [Rule 53]

References

  • Industrial Relation (Madhya Pradesh) Rules, 2020
  • Industrial Relation Code, 2020
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