Draft of Industrial Relation (Maharashtra) Rules, 2021

The Draft Rules of Maharashtra for the Industrial Relations Code (“Draft Rules”) has been notified in the gazette on 03 December 2021.

Applicability

The Draft Rules upon coming into force shall extend to the whole state of Maharashtra and shall come into force on the date of their publication in the Official Gazette of Maharashtra.

Upon coming into force, the Rules will repeal:

  • The Industrial Dispute (Maharashtra) Rules, 1957;
  • The Maharashtra Trade Unions Regulations, 1929; and
  • The Maharashtra Industrial Employment (Standing Orders) Rules, 1959.

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 3]
  • Form II - Auditor’s' Declaration [Rule 9(5)]
  • Form III - Application for Registration of Trade Unions [Rule 10(1)]
  • Form IV – Affidavit to be attached with the application filed for registration [Rule 10 (2)]
  • Form V - Certificate of Registration of Trade Union Office of the Registrar of Trade Unions [Rule 10(5)]
  • Form VI – Register of Trade Unions [Rule 10(7)]
  • Form VII - Request to Withdraw or Cancel Certificate of Registration [Rule 10(8)]
  • Form VIII - Application for any change in Particulars given by union in its application form for Registration and in its constitution or rules to Registrar [Rule 12(5)]
  • Form IX - Application for verification of Sole Negotiating Union [Rule 13(2) & 14(1)]
  • Form X - Certificate of Sole Negotiating Union [Rule 13(4) and 14(3)]
  • Form XI - Application for verification of representative for negotiating council [Rule 14 (4)]
  • Form XII - Certificate of Representative of union for negotiating council [Rule 14(5)]
  • Form XIII - Notice of Amalgamation of Trade Unions [Rule 18(2)]
  • From XIV -– General Statement prescribed under section 26 of the Code [Rule 20(1) and 10(3)]
  • Form XV - Notice of change of service conditions of workers proposed by an employer [Rule 31(1)]
  • Form XVI - Agreement for voluntary arbitration [Rule 32(1)]
  • Form XVII - Authorization by a worker, group of workers, employer, group of employers to be represented in a proceeding before the authority under this Code [Rule 34,53 & 54]
  • Form XVIII - Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer [Rule 36(5)]
  • Form XIX - Notice of Strike to be given by Union (Name of Union)/ Group of Workers [Rule 37]
  • Form XX - Notice of Lock-out to be given by an employer of an industrial establishment [Rule 38(1)]
  • Form XXI - Notice of Intimation of Retrenchment/Closure to be given by an employer to the State Government [Rule 39 & 41]
  • Form XXII – Form of Application for permission of lay-off or retrenchment or closure in Industrial Establishments/Undertaking to which provisions of Chapter X of the Code applies [Rule 42, 45 and 47]
  • Form XXIII - Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under section 89(4) [Rule 51]
  • Form XXIV - Complaint under section 91 of the Code before the Conciliation officer/ Arbitrator/ Tribunal [Rule 52(1)]

References

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