Introduction to MRTU & PULP Act

Indian Legal System > Civil Laws > Labour Laws > MRTU and PULP Act, 1971 > Introduction

The law identifying with work and job is called Industrial law or labour law in India. The meaning of MRTU & PULP Act, 1971 is the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. By Government Resolution, Industries, and Labour Department, No. IDA. 1367-LAB-II, dated the 14th February 1968, the Government of Maharashtra appointed a Committee called “the Committee on Unfair Labour Practices” for defining certain activities of employers and workers and their organizations which should be treated as unfair labour practices and for suggesting action which should be taken against employers or workers, or their organisations, for engaging in such unfair labour practices. On the basis of the report submitted by the committee this Act was enacted.

It is Maharashtra Act I of 1972. The Act received an assent from the President on 13th January 1972 and was published in Maharashtra Government Gazette Part IV on 1st February 1972.

Objects of the MRTU & Pulp Act, 1971.

The objects of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 are given in the preamble of the Act. They are as follow:

• To provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings;
• To state the rights and obligations of trade unions;
• To confer certain powers on unrecognized unions;
• To provide for declaring certain strikes and lockouts as illegal strikes and lockouts;
• To define and provide for the prevention of certain unfair labour practices;
• To constitute courts – as independent machinery –
  • To carry out the purposes of the Act;
  • To accord recognition to trade unions; and
  • To enforce the provisions of the Act relating to unfair labour practices.
• To provide for matters connected with the above purposes.

Section 1: MRTU & PULP Act, 1971: Short Title:

This Act may be called the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

Section 2: MRTU & PULP Act, 1971: Extent, Commencement, and Application:

(1) This Act extends to the whole of the State of Maharashtra.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provision of this Act.

(3) Except as otherwise hereinafter provided, this Act shall apply to the industries to which the Bombay Industrial Relations Act, 1946, Bom. XI of 1947, for the time being applies, and also to any industry as defined in clause (j) of section 2 of the Industrial Disputes Act, 1947, XIV of 1947, and the State Government in relation to any industrial dispute concerning of such industry is the appropriate Government under that Act :

Provided that, the State Government may, by notification in the Official Gazette, direct that the provisions of this Act shall cease to apply to any such industry from such date as may be specified in the notification; and from that date, the provisions of this Act shall cease to apply to that industry and, thereupon, section 7 of the Bombay General Clauses Act, 1904, Bom. I of 1944, shall apply to such cess or, as if this Act has been repealed in relation to such industry by a Maharashtra Act.

Definitions Under MRTU & Pulp Act, 1971

Section 3 of the Act gives definitions of important terms.

Section 3: MRTU & PULP Act, 1971: Definitions:

(1) “Bombay Act” means the Bombay Industrial Relations Act, 1946, Bom. XI of 1947;

Whenever the term “Bombay Act” is used, the reference is to the Bombay Industrial Relations Act, 1946 Bom. XI of 1947. Before the formation of the Maharashtra state, Bombay Province was there consisting of part of Maharashtra, Gujarat. For this province the Bombay Industrial Relations Act, 1946 was Enacted. on 1 st May 1962, the State of Maharashtra and the State of Gujarat were carved out of the Bombay Province.

Section 3: MRTU & PULP Act, 1971: Definitions:

(2) “Central Act” means the Industrial Disputes Act, 1947, XIV of 1947;

Whenever the term “Central Act” is used, the reference is to the Industrial Disputes Act, 1947.

Section 3: MRTU & PULP Act, 1971: Definitions:

(3) “concern” means any premises including the precincts thereof where any industry to which the Central Act applies is carried on;

Section 3: MRTU & PULP Act, 1971: Definitions:

(4) “Court” for the purposes of Chapters VI and VII means the Industrial Court, or as the case may be, the Labour Court;

Section 3: MRTU & PULP Act, 1971: Definitions:

(5) “employee” in relation to an industry to which the Bombay Act for the time being applies, means an employee as defined in clause (13) of section 3 of the Bombay Act; and in any other case, means a workman as defined in clause (s) of section 2 of the Central Act;

Section 3: MRTU & PULP Act, 1971: Definitions:

(6) “employer” in relation to an industry to which the Bombay Act applies, means an employer as defined in clause (14) of section 3 of the Bombay Act; and in any other case, means an employer as defined in clause (g) of section 2 of the Central Act;

Section 3: MRTU & PULP Act, 1971: Definitions:

(7) “Industry” in relation to an industry to which the Bombay Act applies means an industry as defined in clause (19) of section 3 of the Bombay Act, and in any other case, means an industry as defined in clause (j) of section 2 of the Central Act;

Section 3: MRTU & PULP Act, 1971: Definitions:
(8) “Industrial Court” means an Industrial Court constituted under section 4;

Section 3: MRTU & PULP Act, 1971: Definitions:
(9) “Investigating Officer” means an officer appointed under section 8;

Section 3: MRTU & PULP Act, 1971: Definitions:
(10) “Labour Court” means a Labour Court constituted under section 6;

Section 3: MRTU & PULP Act, 1971: Definitions:
(11) “member” means a person who is an ordinary member of a union, and has paid a subscription to the union of not less than 50 paise per calender month :

Provided that, no person shall at any time be deemed to be a member, if his subscription is in arrears for a period of more than three calendar months during the expression “membership” shall be construed, accordingly.

Explanation: A subscription for a calendar month shall, for the purpose of this clause, be deemed to be in arrears, if such subscription is not paid within three months after the end of the calendar months in respect of which it is due;

Section 3: MRTU & PULP Act, 1971: Definitions:

(12) “order” means an order of the Industrial or Labour Court;

Section 3: MRTU & PULP Act, 1971: Definitions:

(13) “recognised union” means a union which has been issued a certificate of recognition under Chapter III;

Section 3: MRTU & PULP Act, 1971: Definitions:

(14) “Schedule” means a Schedule to this Act;

Section 3: MRTU & PULP Act, 1971: Definitions:

(15) “undertaking” for the purposes of Chapter III, means any concern in industry to be one undertaking for the purpose of that Chapter : Provided that, the State Government may notify a group of concerns owned by the same employer in any industry to be undertaking for the purpose of that Chapter;

Section 3: MRTU & PULP Act, 1971: Definitions:

(16) “unfair labour practices” means unfair labour practice as defined in section 26;

Section 3: MRTU & PULP Act, 1971: Definitions:

(17) “union” means a trade union of employees, which is registered under the Trade Unions Act, 1926;

Section 3: MRTU & PULP Act, 1971: Definitions:

(18) words and expressions used in this Act and not defined therein, but defined in the Bombay Act, shall, in relation to an industry to which the provisions of the Bombay Act apply, have the meanings assigned to them by the Bombay Act; and in other case, shall have the meanings assigned to them by the Central Act.

Next Topic: Authorities Under MRTU & PULP Act (S. 4 to 9, 37)

Indian Legal System > Civil Laws > Labour Laws > MRTU and PULP Act, 1971 > Introduction