The Bombay Trade Disputes Conciliation Act,1934
1934 : Bom. IX ]
GOVERNMENT OF GUJARAT
LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT NO. IX OF 1934
THE BOMBAY TRADE DISPUTES CONCILIATION
ACT,1934.
(As modified upto the 31st October, 2006)
The Bombay Trade Disputes Conciliation Act,1934
1934 : Bom. IX ]
THE BOMBAY TRADE DISPUTES CONCILIATION ACT, 1934.
....................................
CONTENTS
PREAMBLE PAGE
NO.
SECTIONS.
1. Short title. 1
2. Extent, commencement and application. 1
3. Definitions. 1
4. Appointment of Conciliators. 1
5. Labour Officer. 1
6. Jurisdiction of Conciliators. 1
7. Application or report for settlement of trade disputes. 1
8. Conciliator to give notice to parties. 2
9. Delegates. 2
10. Disqualification from being a delegate. 2
11. Conciliation proceeding. 3
12. Procedure and powers of Conciliator in conciliation proceedings. 3
13. Settlement and Report. 4
14. Penalty for disclosing confidential information. 4
15. Exemption of documents from stamp duty, court-fee and 5
registration fees.
16. Penalty. 6
17. Power of entry. 6
18. Conciliator and Labour Officer to be public servants. 6
19. Protection to persons acting in good faith. 7
20. Rules. 7
21. Saving of the provisions of the Trade Disputes Act, 1929. 8
The Bombay Trade Disputes Conciliation Act,1934
1934 : Bom. IX ]
*BOMBAY ACT No. IX OF 1934.1
[ THE BOMBAY TRADE DISPUTES CONCILIATION ACT, 1934 ]
[9th October 1934]
Adapted and modified by the Adaptation of Indian Laws Order in Council.
Adapted and modified by the Adaptation of Laws Order, 1950.
An Act to make further provision for the prevention and settlement of trade
disputes by conciliation and for certain other purposes.
WHEREAS it is expedient to make further provision for the prevention and settlement of
trade disputes by conciliation and for certain other purposes herein after appearing:
AND WHEREAS the previous sanction of the Governor General required by sub-section
(3) of section 80-A of the Government of India Act and the previous sanction of the
Governor required by section 80C of the said Act have been obtained for the passing of
this Act;
It is hereby enacted as follows:-
1. This Act may be called the Bombay Trade Disputes Conciliation Act 1934.
2. (1) Section 1 and this section extend to the whole of the Bombay Presidency.
The remaining provisions of this Act extend to the City of Bombay and
the Bombay Suburban District and 2[3[State] Government] may further
by notification in the 4[Official Gazette], direct that the said provisions
shall extend to such other area as may specified in the notification.
(2) Section 1 and this section shall come into force at once. The 2[3[State]
Government] may, by notification in the 4[Official Gazette], direct that
the remaining provisions of this Act shall come into force in any area to
which the said provisions extend or may have been extended under
sub-section (1), on such date as may be specified in the notification.
(3) This Act shall apply, in the first instance, to the textile trade or industry,
The 2[3[State] Government] may, by notification in the 4[Official Gazette]
direct that the provisions of this Act shall apply to such other trade or
industry and in such area as may be specified in the notification.
3. In this Act, unless there is anything repugnant to the subject or context,
(a) “ Commissioner of Labour” means the officer appointed for the time
being to be the Commissioner of Labour;
(b) “ Conciliator” includes the Chief Conciliator or a Special or Assistant
Conciliator appointed under this Act;
(c) “ Conciliation proceeding “ means a proceeding held by a Conciliator
under this Act;
(d) “ Delegate” means a person appointed under section 9 to represent a
party to a trade dispute in a conciliation proceeding and includes the
Labour Officer acting as delegate to represent workmen in such
proceeding;
(e) “ Employer” includes any body of persons, whether incorporated or not
and any managing agent of an employer;
(f) “ Prescribed” means prescribed by rules made under this Act;
(h) “ trade dispute” means any dispute of difference between employers and
workmen, which is connected with the employment or non-employment
or the terms of the employment, or with the conditions of labour, of any
person;
(i) words and expressions not defined in this Act, but defined in the 5Trade
Disputes Act 1929, shall have the meaning assigned to them in that Act.
4. (1) The Commissioner of Labour shall be ex-officio Chief Conciliator.
(2) The 6[7[State] Government] may, by notification in the [Official Gazette],
appointed any person to be a special Conciliator for such area as may be
specified in the said notification.
5 & 6 Geo
.V, c. 61
Short title.
Extent,commen-
cement and
application.
Definitions.
VII of 1929.
Appointment
of
Concilaitors.
The Bombay Trade Disputes Conciliation Act,1934
1934 : Bom. IX ]
(3) The 6[7[State] Government] may, by notification in the 8[Official
Gazette], appoint any person to be an Assistant Conciliator for such area
as may be specified in the said notification.
5. (1) The 6[ 7[State] Government] may, by notification in the 8[Official
Gazette], appoint any person to be a Labour Officer for such area as may
be specified in the said notification.
(2) The Labour Officer shall exercise the powers conferred and perform the
duties imposed on him by or under this Act. It shall be the duty of the
Labour Officer to watch the interests of workmen with a view to promote
harmonious relations between employers and workmen and to take steps
to represent the grievances of workmen to employers for the purpose of
obtaining their redress.
(3) For the purpose of exercising such powers and performing such duties,
the Labour Officer may, after giving reasonable notice, enter any place
used for the purpose of any trade or industry to which this Act applies
and shall be entitled to inspect and call for documents, relevant to the
grievances of workmen, in the possession of any employer or workman,
as the Labour Officer deems necessary. The Labour Officer may, for the
same purpose, enter after giving reasonable notice any premises provided
by an employer for the purpose of residence of his workmen.
(4) All particular contained in or information obtained from any document
inspected or called for under sub-section (3) shall if the person in whose
possession the document was so required, by treated as confidential.
6. (1) The Chief Conciliator shall exercise powers and perform duties under
this Act throughout the Presidency except in the area for which a Special
Conciliator has been appointed under this Act.
(2) An Assistant Conciliator shall be subordinate to, and shall exercise such
powers and perform such duties as may be delegated to him by, the Chief
Conciliator or Special Conciliator, as the case may be.
7. If any trade dispute exists or is apprehended,—
(a) either or both parties to the dispute may apply, whether separately or
conjointly, or
(b) the Labour Officer may make a report, to the Conciliator for a settlement
of the dispute.
8. (1) If the Conciliator,
(a) in any area for which a Labour Officer is appointed, on receipt of
an application or report under section 7, or
(b) elsewhere, on receipt of an application under section 7 or upon his
own knowledge or information, is satisfied that a trade dispute
exists or is apprehended, he may cause notice to be given to the
parties to the dispute to appear before him at such time and place
as may be specified in the notice.
A copy of such notice shall be sent to the Labour Officer.
(2) Notice to the parties shall require them to appoint, within such time as
may be specified in the notice, delegates to represent them in the
conciliation proceeding.
(3) Notice under this section shall be in the prescribed form and shall be
served in the prescribed manner.
9. (1) On receipt of notice under section 8, the parties to a trade dispute shall
within the time specified in the notice or within such time as may be
fixed by the Conciliator in this behalf appoint delegates in such manner
as the Conciliator may direct:
Provided that when, a party to the dispute is a single individual, such party may
appoint himself as a delegate:
Provided further that the Labour officer may be appointed as a delegate on behalf
of the workmen.
(2) The number of delegates appointed by a party to a trade dispute shall not
exceed three:
Labour
officers.
Jurisdiction
of
Conciliators.
Application
or report for
settlement of
trade
disputes.
Conciliator to
give notice to
parties.
Delegates.
The Bombay Trade Disputes Conciliation Act,1934
1934 : Bom. IX ]
Provided that when, in the opinion of the Conciliator, such party to the dispute is
divided into two or more groups, the Conciliator may allow each of such groups to
appoint separate delegates not exceeding three:
Provided, further, that the total number of delegates appointed by all the groups
forming the party shall not exceed twelve.
(3) If an employer who is a party to a trade dispute has failed or refused to
appoint any delegate within the time specified in the notice or within
such further time as may be fixed by the Conciliator, such employer
shall, on conviction, be punishable with fine which may extend to Rs.
100 and with further fine which may extend to Rs. 100 for every day on
which such failure or refusal continues after the date of the first
conviction.
Explanation.-Where such employer is a company registered under the 1Indian
Companies Act, 1913, employer shall mean the managing agent or managing director of
such company or any other officer of the company authorized to represent such company
in the prescribed manner.
(4) No criminal court inferior to that of a Presidency Magistrate or a
Magistrate of the First Class shall try any offence under sub-section (3).
(5) No criminal court shall take cognizance of any offence under sub-section
(3) except with the previous sanction of the 9[Provincial Government].
(6) Where workmen who are parties to a trade dispute have failed or refused
to appoint any delegate within the time specified in the notice or within
such further time as may be fixed by the Conciliator, the Labour Officer
shall act as the delegate on behalf of such workmen.
10. (1) A person shall be disqualified from being appointed or acting as a
delegate, if such person-
(a) is less than twenty-one years of age ; or
(b) is an uncertificated bankrupt or an undischarged insolvent.
(2) A person shall be disqualified from acting as a delegate, if such person is
not, in the opinion of the Conciliator, after the conciliation proceedings
have started, a fit and proper person to be a delegate.
(3) The decision of the Chief Conciliator or the Special Conciliator, as the
case may be, that a person is disqualified from being appointed or acting
as a delegate shall be final.
11. (1) On the date specified in the notice under sub-section (1) of section 8 or
on such other date as may be fixed by the Conciliator on his motion or at
the request of any of the parties to a trade dispute, the Conciliator shall
hold the conciliation proceeding in the prescribed manner.
(2) A party to such trade dispute shall be represented in a conciliation
proceeding by delegates, The Labour Officer, even if not appointed or
acting as delegate, shall be entitled to be present at such proceeding.
(3) It shall be the duty of the Conciliator to endeavour to bring about a
settlement of the trade dispute and for this purpose the Conciliator shall
inquire into the dispute, and all matters affecting the merits thereof and
the right settlement thereof and in so doing may do all such things as he
thinks fit for the purpose of inducing the parties to come to a fair and
amicable settlement of the dispute and may adjourn the conciliation
proceeding for any period sufficient in his opinion to allow the parties to
agree upon the terms of the settlement.
12. (1) A Conciliator shall, subject to the provisions of this Act, follow in a
conciliation proceeding such procedure as may be prescribed.
(2) For the purpose of holding a conciliation proceeding, the Conciliator
shall have the same powers as are vested in courts under the Code of
Civil Procedure, 1908, in trying a suit in respect of the following matters,
viz :-
(a) summoning and enforcing the attendance of any person and
examining him on oath:
(b) compelling the production of documents and material objects; and
(c) issuing commissions for the examination of witnesses; and
Diswualificati
on from
being a
delegate.
Conciliation
proceedings.
Procedure
and powers
of Conciliator
in
conciliation
proceeding.
V of 1908.
The Bombay Trade Disputes Conciliation Act,1934
1934 : Bom. IX ]
shall have such further powers as may be prescribed.
(3) If a party to a trade dispute giving any information or producing any
document in a conciliation proceeding makes a request in writing to the
Conciliator that such information or the contents of such document may
be treated as confidential, the Conciliator shall direct that such
information or document be treated as confidential.
(4) The Conciliator may, if he thinks fit, permit the information or contents
of the document in respect of which a request has been made under
sub-section (3) to be disclosed to the other party to the trade dispute:
Provided that the Conciliator shall not permit such information or the contents of
such document to be so disclosed to the other party to the trade dispute, if it is shown to
his satisfaction that such disclosure is likely to affect the interests of the party making the
request under sub-section (3) adversely in any matter not connected with the settlement
of the said dispute.
(5) Save as provided in sub-section (4), the Conciliator or any person present
at or concerned in the conciliation proceeding shall not disclose any
information or the contents of any document directed to be treated as
confidential under sub-section (3), without the consent in writing of the
party making the request under the said sub-section.
(6) Nothing in this section shall apply to the disclosure of any information or
the contents of any document for the purpose of a prosecution for an
offence under section 14 or under the Indian Penal Code.
13. (1) If a settlement of a trade dispute is arrived at in a conciliation
proceeding, a memorandum of such proceeding and settlement shall be
drawn up in the prescribed form by the Conciliator and signed by the
delegates. The Conciliator shall send a report of such settlement together
with a copy of the memorandum to the 10[Provincial Government].
(2) If no such settlement is arrived at the Conciliator shall, as soon as
possible, after the close of the conciliation proceeding, send a full report
regarding the trade dispute to the 10[Provincial Government], setting forth
the particulars of the proceeding and the steps taken by him for the
purpose of ascertaining the facts and circumstances relating to the
dispute and the reasons on account of which, in his opinion, a settlement
could not be made.
(3) Notwithstanding anything contained in sub-section (1) or (2) any
information or contents of any document shall not be included in the
memorandum of proceedings, settlement or report drawn up or made
under sub-section (1) or (2), if such information or the contents of such
document is not permitted by the Conciliator to be disclosed under
sub-section (4) of section 12.
(4) The record of the conciliation proceeding held and settlement made
under this section shall be maintained in the prescribed manner.
14. (1) If the Conciliator or any person present at or concerned in a conciliation
proceeding willfully discloses any information or contents of any
document in contravention of section 12, he shall, on complaint made by
the party who made the request under sub-section (4) of section 12, be
punishable with fine which may extend to one thousand rupees.
(2) No criminal court inferior to that of a Presidency Magistrate or a
Magistrate of the First Class shall try any offence under this section.
(3) No criminal court shall take cognizance of any offence under this section
except with the previous sanction of the 10[Provincial Government]
15. Any application, document or other instrument made or produced in the course of
any proceeding under this Act shall be exempt from stamp duty, court-fee or
registration fee payable under any law for the time being in force.
16. If any person instigates or incites others not to take part in a conciliation
proceeding, or otherwise obstructs or instigates or incites others to obstruct a
Conciliator in the discharge of his duties under this Act or molest or abets the
molestation of others, with intent to prevent them from taking part in a
conciliation proceeding, such person shall, on conviction, be punishable with
imprisonment of either description which my extend to six months or with fine or
XLV of 1860.
Settlement
and Report.
Penalty for
disclosing
confidential
information.
Exemption of
documents
from stamp
duty, court
fee and
registration
fees. Penalty.
The Bombay Trade Disputes Conciliation Act,1934
1934 : Bom. IX ]
with both.
Explanation.—For the purpose of this section, a person is said to molest any person
who—
(a) with intent to cause any person to abstain from doing or to do any act
with such person has a right to do or to abstain from doing, obstructs or
uses violence to or intermediates such person or any member of his
family or person in his employ, or loiters at or near a place where such
person or member or employed person resides or persistently follows
him from place to place, or interferes with any property owned or used
by him, or deprives him of or hinders him in the use thereof or
(b) Loiters or does any similar act at or near the place where a conciliation
proceeding is held, in such a way and with intent that any person may
thereby be deterred from entering or approaching such place.
17. It shall be lawful for Conciliator at any time and from time to time when
necessary for the purposes of exercising the powers conferred and performing the
duties imposed by or under this Act to enter any premises used for the purpose of
any trade or industry to which this Act applies.
18. A Conciliator and Labour Officer shall be deemed to public servants within the
meaning of Section 21 of the Indian Penal Code.
19. No suit or proceeding shall lie against any person for anything which is in good
faith done or intended to be done under this Act.
20. (1) The 11[Provincial Government] may make rules not inconsistent with the
provisions of this Act for the purpose of carrying into effect the purposes
of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provision, such rules may be made for all or any of the following
purposes, namely:-
(a) Prescribing the powers and duties of the Labour Officer;
(b) Prescribing the powers and duties which may be delegated to
Assistant Conciliators;
(c) prescribing the form and manner, in which notice shall be given
under section 8 ;
(d) prescribing the manner, in which the officer of a company shall
be authorized to represent the company under section 9 ;
(e) regulating the procedure in which a conciliation proceeding shall
be held under section 11 ;
(f) determining the scale of fees at which witnesses shall be paid for
appearance in a conciliation proceeding under section 11 ;
(g) specifying the powers which may be exercised by the Conciliator
for the purpose of a conciliation proceeding under section 11 ;
(h) prescribing the form in which and the particulars which shall be
mentioned in the memorandum of a settlement under section 13 ;
(i) prescribing the manner in which the record of a conciliation
proceeding and settlement shall be maintained under section 13 ;
and
(j) providing for any other matter for which there is no provision or
insufficient provision in this Act and for which provision is, in the
opinion of the 12[13[State] Government], necessary for giving
effect to the provisions of this Act.
(3) The rules made under this section shall be subject to the condition of
previous publication in the 14[Official Gazette].
(4) Rules made under this section shall be laid 15[before each of the
16[Houses] of the 13[State] Legislature] at the session 17[thereof] next
following and shall be liable to be modified and rescinded by resolutions
18[in which both the 17[Houses] concur] and such rule shall after
notification in the 15[Official Gazette] be deemed to have been modified
or rescinded accordingly:
Power of
entry.
Conciliator
and Labour
Officer to be
public
servants.
XLV of 1860.
Protection to
persons
acting in
good faith.
Rules.
The Bombay Trade Disputes Conciliation Act,1934
1934 : Bom. IX ]
Provided that when in the opinion of the 13[ 14[State] Government] such modification
or rescission is likely to defeat or frustrate any of the purposes of this Act, the
13[ 14[State] Government] may by notification in the 15[Official Gazette] declare that the
modification or rescission shall have no effect and thereupon the rules shall remain in
force as if they had not been modified or rescinded.
21. Nothing in is Act shall affect any of the provisions of the Trade Disputes Act,
1929, and no conciliation proceeding shall be held relating to any matter or trade
disputes which is referred to and is pending before, the Court of Inquiry or Board
of Conciliation under the said Act.
-------------------
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1934, Pt. V. pp.
91-95 ; and for proceedings in Council, see Bombay Legislative Council Debates, 1934, Vol.
XL.
2. The words “Provincial Government” were substituted for the words “Governor in Council” by
the Adaptation of Indian Laws Order in Council.
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4. The words “Official Gazette” were substituted for the words “Bombay Government Gazette”
by the Adaptation of Indian Laws Order in Council.
* This Act shall cease to apply in a local area to any industry in respect of which the provision
of the Bombay Industrial Relations Act, 1946 (Bom. 11 of 1947), have been brought into
force in such local area (vide s. 121 of Bom. 11 of 1947).
5. See now the Industrial Disputes Act, 1947 (XIV of 1947).
6. The words “Provincial Government” were substituted for the words “Governor in Council” by
the Adaptation of Indian Laws Order in Council.
7. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8. This words “Official Gazette” were substituted for the words “Bombay Government Gazette”
by the Adaptation of Indian Laws Order in Council.
9. See Central Acts.
10. The words “Provincial Government” were substituted for the words “Governor in Council” by
the Adaptation of Indian Laws Order in Council.
11. The words “Provincial Government” were substituted for the words “Governor in Council” by
the Adaptation of Indian Laws Order in Council.
12. The words “Provincial Government” were substituted for the words “Governor in Council” by
the Adaptation of Indian Law Order in Council.
13. The words “Provincial Government” were substituted for the words “Governor in Council” by
the Adaptation of Indian Laws Order in Council.
14. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
15. The words “Official Gazette” were substituted for the words “Bombay Government Gazette”,
by the Adaptation of Indian Laws Order in Council.
16. The words “before each of the Chambers of the Provincial Legislature” were substituted for
the words “upon the table of the Bombay Legislative Council” ibid.
17. This word was substituted for the word “Chambers” by the Adaptation of Laws Order, 1950.
18. The word “thereof” was substituted for the words “of the said Council” by the Adaptation of
Indian Laws Order in Council.
19. The words “in which both the Chambers concur were” substituted for the words” of the said
Council, by the Adaptation of Indian Laws Order in Council.
Savings of
provisions of
the Trade
Disputes
Act,1929.