EMPLOYEES’ COUNCILS

(1) The Minister may, by Order published in the Gazette declare that the provisions of this Act shall apply to every State undertaking belonging to any such class or category of State undertaking specified in the Order.

(2) Every State undertaking to which the provisions of this Act applies by virtue of an Order made under subsection (1) is hereinafter referred to as a ” specified undertaking “.

(1) The Commissioner of Labour (hereinafter referred to as the ” Commissioner”) shall, unless otherwise provided for in this Act, be in charge of the general administration of this Act.

(2) There may be appointed such number of Deputy Commissioners, Senior Assistant Commissioners and Assistant Commissioners of Labour, and other officers as may be required for the purpose of carrying out or giving effect to the provisions of this Act.

(3) Every Deputy Commissioner, Senior Assistant Commissioner, and Assistant Commissioner of Labour shall in the exercise, discharge and performance of his powers, functions and duties be subject to any general or special directions of the Commissioner.

(1) In respect of every specified undertaking, the Commissioner shall appoint the first Electoral Board which shall consist of five members of whom two shall be eligible employees of the undertaking. The Commissioner shall appoint one member to be the Chairman of the Board.

(2) The first Electoral Board of a specified undertaking shall be constituted within six weeks of the date on which the provisions of this Act commence to apply to such undertaking.

(a) where the number of eligible employees does not exceed fifty the Council shall consist of three members;

(b) where the number of eligible employees exceeds fifty but does not exceed one hundred and fifty the Council shall consist of five members;

(c) where the number of eligible employees exceeds one hundred and fifty but does not exceed three hundred the Council shall consist of seven members;

(d) where the number of eligible employees exceeds three hundred but does not exceed six hundred the Council shall consist of nine members;

(e) where the number of eligible employees exceeds six hundred but does not exceed one thousand the Council shall consist of eleven members; and

(f) where the number of eligible employees exceeds one thousand the Council shall consist of eighteen members.

(1) The Minister may make rules in respect of the following matters:-

(2) The rules made by the Minister shall be binding on the employees, employer and Council of every specified undertaking.

(1) The Electoral Board shall perform all acts and do all things as may be necessary for the purpose of conducting the election of the members of the Council.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Electoral Board shall-

(3) If the Electoral Board fails to carry out its functions within a period of six weeks from the appointment of such Electoral Board, the Commissioner shall carry out such functions and the provisions of this Act shall apply as though a reference to the Electoral Board were a reference to the Commissioner.

(1) Any three or more eligible employees shall be entitled to petition the Commissioner against an election result, within fourteen days of the announcement of such result, if it appears to them that in the conduct of such election, there has been an infringement of any rule relating to the eligibility to vote or of any provision, relating to the electoral procedure.

(2) Where the Commissioner is satisfied after such inquiry as he considers necessary that there has been an infringement of any rule relating to the eligibility to vote or of any provision relating to the electoral procedure he shall set aside the election unless he is of opinion that such infringement would not have altered or affected the result of such election.

(3) The decision of the Commissioner on such petition shall be final.

(a) obstructs the conduct of the election of the members of a Council;

(b) restricts the right of an eligible employee to vote at the election stand for election;

(c) attempts to influence an election by imposing or threatening to impose any disadvantage or disability on any eligible employee;

(d) attempts to influence an election by granting or promising any advantage or benefit to any eligible employee,

(1) The term of office of a Council shall terminate-

(2) Where the term of office of a Council ceases in the circumstances referred to in paragraph (b) or paragraph (c) of subsection (1), such Council shall continue to deal with all current business until a new Council is elected.

(1) The Commissioner may order the dissolution of a Council where he is satisfied after such inquiry as he may consider necessary that there has been gross negligence in the exercise of its statutory duties on the part of that Council.

(2) Where a Council is dissolved as provided in subsection (1), the Commissioner shall without delay appoint an Electoral Board for the purpose of conducting the election of the members of the Council in that specified undertaking.

(1) Whenever the membership of any member of the Council is terminated, otherwise than on the expiry of the term of office of such Council, the Commissioner shall appoint an Electoral Board which shall within six weeks of such termination, take necessary action for the election of a member to fill such vacancy and the provisions of this Act relating to the election of the members of a Council shall, mutatis mutandis, apply to the election of such member.

(2) If the Electoral Board fails to carry out its functions within a period of six weeks, the Commissioner shall carry out its functions and the provisions of this Act shall apply to such election as though the reference to the Council were a reference to the Commissioner.

(1) The Council shall elect two of members as Chairman and Vice-Chairman, respectively.

(2) Where the Council is composed of representatives of more than one category of employees, the Chairman and Vice-Chairman shall not be elected from the same category of employees.

(3) Unless otherwise decided by the Council the Chairman or if he is unable to act, the Vice-Chairman shall be entitled to represent the views of the Council

(1) Not later than one week after the election of the Council, the Electoral Board shall convene a meeting of the members of the Council for the elections under section 25.

(2) All subsequent meetings of the Council shall be convened by the Chairman of the Council.

(3) The Chairman shall draw up the agenda and conduct the proceedings of the Council. The Chairman shall give seven days’ notice of the meetings of the Council to the members and inform the members of the agenda of such meetings.

(4) At the request of one-fourth of the members of the Council or of the employer, the Chairman shall convene a meeting of the Council and place on its agenda the matter on which a discussion has been requested.

(5) The employer shall be invited to be present at the meetings which are convened at his request.

(1) The decision of the Council shall be the majority decision of the members present and voting.

(2) In the event of an equality of votes the Chairman shall have a casting vote.

(3) One-half of the members of the Council shall constitute a quorum for a meeting of the Council.

(1) Minutes shall be kept of all proceedings at meetings of the Council giving the text of all decisions taken and the voting thereon. The minutes shall be signed by the Chairman and one other member. There shall be attached to the minutes a list of the members present signed by each such member.

(2) Where the employer is present at a meeting, that portion of the minutes which concern him shall be presented for his signature and a copy thereof shall be given to him.

(1) If a majority of the representatives of any one category of employees are of the opinion that any decision of the Council considerably prejudices the interests of the employees whom they represent, a decision shall, at their request, be postponed for a period of one week so that an attempt may be made to reach an agreement.

(2) Not more than one postponement may be granted in respect of any such decision.

(1) Subject to the provisions of this Part, the Council may make Standing Orders in respect of the conduct of its business.

(2) Such Standing Orders shall take effect upon the approval of the Commissioner.

(1) Every employee who is a member of. the Council of a specified undertaking shall be granted leave by his employer, without less of pay for such periods as may be reasonably necessary for the due discharge and performance of his functions and duties as such member.

(2) The Council or its representatives may by prior appointment, consult the employer on any matter relating to the affairs of the Council during working hours.

(3) Any expense incurred by the Council of any specified undertaking in the discharge and performance of its functions and duties shall be defrayed by the employer.

(4) The employer shall provide the necessary premises and facilities for conducting the affairs of the Council.

(1) The Council shall publish a report of its activities once in every three months.

(2) A copy of each such report shall be furnished to the employer.

(a) the promotion and maintenance of effective participation of employees in the affairs of the specified undertaking;

(b) the securing of the mutual co- operation of the employees and employer in achieving industrial peace and greater efficiency and productivity in the specified undertaking and with regard to matters connected therewith ; and

(c) the carrying out of such other matters as may be prescribed by the Minister by regulation.

(1) It Shall be the duty Of the employer and the Council to work together between in a spirit of mutual trust for the good of employee and the specified undertaking and its employees, the Council. having due regard to the interest of the community.

(2) The employer and the Council shall secure that every person employed in the specified undertaking is treated with fairness in accordance with the principles of law.

(3) The employer and the Council shall refrain from doing anything likely to impair the efficiency and productivity of the specified undertaking.

(a) making recommendations to the employer on matters benefiting the specified undertaking and the employees; and

(b) securing that effect is given to any written law affecting employees.

(a) methods of manufacture and work of a general nature ;

(b) the statement of financial accounts of the undertaking; and

(c) other matters in respect of which the Council is entitled to the right of consultation under the provisions of this Act:

Provided that the Council shall not be entitled to any information and advice the furnishing of which is prejudicial to the business or other interests of the undertaking.

(1) The employer and the Council shall meet once in each month.

(2) The employer may nominate not more than five persons to represent him at such meetings.

(3) The employer and the Council shall discuss every disputed matter including any alleged contravention of the provisions of this Act, with a view to settlement.

(4) Any settlement of a disputed matter between the employer and the Council shall be binding on the employer, the Council and the employees in the specified undertaking.

(1) Where a dispute is not settled between the Employees’ Council and the employer, the employer or the Employees’ Council may refer the dispute to the Commissioner for settlement.

(2) The employer, the Council and any trade union acting on behalf of its member, shall be entitled to participate in proceedings before the Commissioner of Labour.

(1) No person shall obstruct or hinder a member of the Council in the discharge of his functions.

(2) Any person who obstructs or hinders a member in the execution of his functions shall be guilty of an offence under this Act.

(a) to advice and assist the employer to take adequate steps to-

in the premises of the specified undertaking;

(b) to provide information and advice to Government departments and other institutions on such matters as may be referred to the Council for advice; and

(c) to promote the implementation of all such measures as may be necessary to prevent industrial accidents.

(1) The Council shall have the right of consultation with the employer in the following matters relating to the specified undertaking in so far as they are not determined by any written law:-

(2)

(a) a return containing such particulars in respect of all or any of the employees of that employer as may be specified in the direction ;

(b) such information or explanation in respect of any particulars stated in any return furnished by that employer as may be specified in the direction; and

(c) a true copy of any register required by this Act to be kept by that employer or any part of such register.

(a) contravenes or fails to comply with any of the provisions of this Act; or

(b) makes default in complying with any direction or order made or given under this Act; or

(c) knowingly furnishes or causes to be furnished any false return, or information required to be furnished under section 47,

(a) where the body of persons is a body corporate, every director and officer of that body corporate ;

(b) where the body of persons is a firm, every partner of that firm;

(c) where the body of persons is an unincorporated body, the president, manager, secretary and every other officer of that unincorporated body,

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of matters which are stated or required by this Act to be prescribed or authorized to be made.

(3) Every regulation made by the Minister under this Act shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

(4) Every regulation made by the Minister shall, as soon as convenient after the date of its publication, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything previously done thereunder.

(5) Notification of the date on which any regulation made by the Minister is deemed to be rescinded shall be published in the Gazette.

(a) any person for the time being holding the office of Deputy or Senior Assistant Commissioner or Assistant Commissioner of Labour;

(b) in respect of any power, duty or function of the Commissioner under this Act, any person authorized in writing by the Commissioner to exercise such power, perform such duty or discharge such function;