Industrial Disputes Act, 1947

(1) This Act may be called the Industrial Disputes Act, 1947. 1 [(2) It extends to the whole of India ] 2 [* * *] (3) It shall come into force on the first day of April, 1947.

In this Act, unless there is anything repugnant in the subject or context,- (a) "appropriate government" means- (i) in relation to any industrial disputes concerning 3[* * *] any industry carried on by or under the authority of the Central Government, 4[ *** ]or by a railway company 5[or concerning any such controlled industry as may be specified in this behalf by the Central Government] 6[* * *] or in relation to an industrial dispute concerning 7[8 [9[10[a Dock Labor Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or the 11[the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956], or the Employees’ State Insurance Corporation established under section 3 of the Employees’ State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5A and Section 5B, respectively, of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), 12[***], or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 13[the Oil and Natural Gas Corporation Limited registered under the Companies Act. 19561, or the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporations Act. 1961 (47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporation Act, 1962 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under section 16 of the Food Corporation Act, 1964 (37 of 1964), or 14[the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994], or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Corporation of India Limited, 15[the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or the Banking Service Commission established under section3 of the Banking Service Commission Act, 1975 or 16[17[an air transport service, or a banking or an insurance company], a mine, an oil-field.] 18[a Cantonment Board,] or a major port, the Central Government, and] (ii) in relation to any other industrial dispute, the State Government; 18[ (aa) "arbitrator" includes an umpire;] 19 [20[(aaa) "average pay" means the average of the wages payable to a workman- (i) in the case of monthly paid workman, in the three complete calendar months, (ii) in the case of weekly paid workman, in the four complete weeks, (iii) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;] 21 [(b) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labor Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;] 22 [(bb) "banking company" means a banking company as defined in section 5 of the Banking Companies Act, 1949, 23[(10 of 1949) having branches or other establishments in more than one State, and includes 24[the Export-Import Bank of India], 25[the Industrial Reconstruction Bank of India,] 26[the Industrial Development Bank of India,] the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989, the Reserve Bank of India, the State Bank of India, 27[a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, 28[a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, and any subsidiary bank], as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (c) "Board" means a Board of Conciliation constituted under this Act; 29 [(cc) "closure" means the permanent closing down of a place of employment or part thereof;] (d) "conciliation office" means a conciliation officer appointed under this Act; (e) "conciliation proceeding" means any proceeding held by a conciliation officer or Board under this Act; 5 [(ee) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;] 30[***] (f) "Court" means a Court of Inquiry constituted under this Act; (g) "employer" means- (i) in relation to an industry carried on by or under the authority of any department of 31[the Central Government or a State Government,] the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; (ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority; 32 [(gg) "executive", in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted;] 33[** *] (i) a person shall be deemed to be "independent" for the purpose of his appointment as the chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute: 34 [PROVIDED that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate government the nature and extent of the shares held by him in such company;] 35 [(j) "industry" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or a vocation of workmen; (k) "industrial dispute" means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person; 29 [(ka) "Industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried on: PROVIDED that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,- (a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking; (b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;] 36 [(kk) "insurance company" means an insurance company as defined in section 2 of the Insurance Act   1938 (4 of 1938), having branches or other establishments in more than one State;] 37 [(kka) "Khadi" has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);] 37 [38[(kkb) " Labor Court " means a Labor Court constituted under section 7;] 19 [(kkk) "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery 39[or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched; Explanation : Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause: PROVIDED that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day: PROVIDED FURTHER that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;] (l)"lock-out" means the 39[ temporary dosing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him; 18 [(1a) "major port" means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908); (1b) "mine" means a mine as defined in clause (j) of sub-section (1) of section 2 of the mines Act, 1952 (35 of 1952);] 38 [(ll) "National Tribunal" means a National Industrial Tribunal constituted under section 7B;] 32 [(lll) "office bearer", in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;] (m) "prescribed" means prescribed by rules made under this Act; (n) "public utility service" means- (i) any railway service 40[or any transport service for the carriage of passengers or goods by air]; 41 [(ia) any service in, or in connection with the working of , any major port or dock;] (ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; (iii) any postal, telegraph or telephone service; (iv) any industry which supplies power, light or water to the public; (v) any system of public conservancy or sanitation; (vi) any industry specified in the 42[First Schedule] which the appropriate government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: PROVIDED that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate government public emergency or public interest requires such extension; (o) "railway company" means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890); 19 [(oo) "retrenchments" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include- (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or 43 [(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation on that behalf contained therein; or] (c) termination of the service of a workman on the ground of continued ill-health;] 44 [(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to  45[an officer authorized in this behalf by] the appropriate government and the conciliation officer;] (q) "strike" means a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal, under; a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment; 46 (qq) "trade union" means a trade union registered under the Trade Union Act, 1926, (16 of 1926);] 47 [(r) "Tribunal" means an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;] 47 [(ra) "unfair labor practice" means any of the practices specified in the Fifth Schedule; (rb) "village industries" has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);] 48 [(rr) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes- (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any confessional supply of food grains or other articles; (iii) any traveling concession; 47 [(iv) any commission payable on the promotion of sales or business or both;] but does not include- (a) any bonus; (b)any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; (c) any gratuity payable on the termination of his service;] 49 [(s) "workman" means any person (including an apprentice employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, function mainly of a managerial nature.]

(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment, so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926). (2) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavor to compose any material difference of opinion in respect of such matters.

(1) The appropriate. government may, by notification in the Official Gazette, appoint such number of persons, as it thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes. (2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more. specified industries and either permanently or for a limited period.

(1) The appropriate government may as occasion arises by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute. (2) A Board shall consist of a Chairman and two or four other members, as the appropriate government thinks fit. (3) The Chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party: PROVIDED that, if any party fails to make a recommendation as aforesaid within the prescribed time, the appropriate government shall appoint such persons as it thinks fit to represent that party. (4) A Board, having the prescribed quorum, may act notwithstanding the absence of the Chairman or any of its members or any vacancy in its number: PROVIDED that, if the appropriate government notifies the Board that the services of the Chairman or of any other member have ceased to be available, the Board shall not act until a new Chairman or member, as the case may be, has been appointed.

(1) The appropriate government may, as occasion arises by notification in the Official Gazette, constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute. (2) A court may consist of one independent person or of such number of independent persons as the appropriate government may think fit and where a court consists of two or more members, one of them shall be appointed as the Chairman. (3) A court, having the prescribed quorum, may act not with standing the absence of the Chairman or any of its members or any vacancy in its number: PROVIDED that, if the appropriate government notifies the court that the services of the Chairman have ceased to be available, the court shall not act until a new Chairman has been appointed.

(1) The appropriate government may, by notification in the Official Gazette, constitute one or more Labor Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act. (2) A Labor Court shall consist of one person only to be appointed by the appropriate government. (3) A person shall not be, qualified for appointment as the presiding officer of a Labor Court , unless- 52 [(a) he is, or has been, a judge of a High Court; or (b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or] 53[* * *] 54 [(d) he has held any judicial office in India for not less than seven years; or 54 [(e)] he has been the presiding officer of a Labor Court constituted under any Provincial Act or State Act for not less than five years.

If, for any reason a vacancy (other than a temporary absence) occurs in the office of the presiding officer of a Labor Court, Tribunal or National Tribunal or in the office of the Chairman or any other member of a Board or court, then, in the case of a National Tribunal, the Central Government and in any other case, the appropriate government shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the Labor Court, Tribunal, National Tribunal, Board or court, as the case may be, from the stage at which the vacancy is filled.

Boards, etc. (1) No order of the appropriate government or of the Central Government appointing any person as the Chairman or any other member of a Board or court or as the presiding officer of a Labor Court, Tribunal or National Tribunal shall be called in question in any manner; and no act or proceeding before any Board or court shall be called in question in any manner on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or court. (2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6) of section 12 or sub-section (5) of section 13, as the case may be. (3) Where the report of any settlement arrived at in the course of conciliation proceeding before a Board is signed by the Chairman and all the other members of the Board, no such settlement shall be invalid by reason only of the casual or unforeseen absence of any of the members (including the Chairman) of the Board during any stage of the proceeding.]

courts or Tribunals (1) 63[Where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing- (a) refer the dispute to a Board for promoting a settlement thereof; or (b) refer any matter appearing to be connected with or relevant to the dispute to a court for inquiry; or 64 [(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the Second Schedule, to a Labor Court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute , whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for adjudication: PROVIDED that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a Labor Court under clause (c):] 65 [PROVIDED FURTHER that] where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do. make a reference under this sub-section notwithstanding that any other proceedings under this Act in respect of the dispute may have commenced: 66 [PROVIDED ALSO that where the dispute in relation to which the Central Government is the appropriate government, it shall be competent for that government to refer the dispute to a Labor Court or an Industrial Tribunal, as the case may be, constituted by the State Government] 67 [(1A) Where the Central Government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not it is the appropriate government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule to a National Tribunal for adjudication.] (2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a Board, court, 68[Labor Court, Tribunal or National Tribunal], the appropriate government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly. 29 [(2A) An order referring an industrial dispute to a Labor Court, Tribunal or National Tribunal under this section shall specify the period within which such Labor Court, Tribunal or National Tribunal shall submit its award on such dispute to the appropriate government: PROVIDED that where such industrial dispute is connected with an individual workman, no such period shall exceed three months: PROVIDED FURTHER that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, to the Labor Court, Tribunal or National Tribunal for extension of such period or for any other reason, and the presiding officer of such Labor Court, Tribunal or National Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit: PROVIDED ALSO that in computing any period specified in this sub-section, the period, if any, for which the proceedings before the Labor Court, Tribunal or National Tribunal had been stayed by any injunction or order of a civil court shall be excluded: PROVIDED ALSO that no proceedings before a Labor Court , Tribunal or National Tribunal shall lapse merely on the ground that any period specified under this sub-section had expired without such proceedings being completed.] (3) Where an industrial dispute has been referred to a Board,68[Labor Court, Tribunal or National Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference. 34 [ (4) Where in an order referring an industrial dispute to 68[a Labor Court, Tribunal or National Tribunal] under this section or in a subsequent order, the appropriate government has specified the points of dispute for adjudication, 68[the Labor Court or the Tribunal or the National Tribunal, as the case may be,] shall confine its adjudication to those points and matters incidental thereto. (5) Where a dispute concerning any establishment or establishments has been, or is to be, referred to a 69[Labor Court, Tribunal or National Tribunal] under this section and the appropriate government is of opinion, whether on an application made to it in this behalf or otherwise, that the dispute is of, such a nature that any other establishment, group or class of establishments of a similar nature is likely to be interested in, or affected by, such dispute, the appropriate government may, at the time of making the reference or at any time thereafter but before the submission of the award, include in that reference such establishment, group or class of establishments, whether or not at the time of such inclusion any dispute exists or is apprehended in that establishment, group or class of establishments.] 70 [ (6) Where any reference has been made under sub-section (1A) to a National Tribunal, then notwithstanding anything contained in this Act, no Labor Court or Tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the National Tribunal, and accordingly- (a) if the matter under adjudication before the National Tribunal is pending in a proceeding before a Labor Court or Tribunal, the proceeding before the Labor Court or the Tribunal, as the case may be, insofar as it relates to such matter, shall be deemed to have been quashed on such reference to the National Tribunal; and (b) it shall not be lawful for the appropriate government to refer the matter under adjudication before the National Tribunal to any Labor Court or Tribunal for adjudication during the pendency of the proceeding in relation to such matter before the National Tribunal. 18 [Explanation: In this sub-section "Labor Court" or "Tribunal" includes any court or Tribunal or other authority constituted under any law relating to investigation and settlement of industrial disputes in force in any State.] (7) Where any industrial dispute, in relation to which the Central Government is not the appropriate government, is referred to a National Tribunal, then, notwithstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the appropriate government in relation to such dispute shall be construed as a reference to the Central Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any other provision of this Act to the appropriate government in relation to that dispute shall mean a reference to the State Government.] 29 [(8) No proceedings pending before a Labor Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labor Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate government.]

conciliation officers, Board, courts and Tribunals and National Tribunals 73 [(1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, court, Labor Court, Tribunal or National Tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit.] (2) A conciliation officer or a member of a board 74[or court or the presiding officer of a Labor Court , Tribunal or National Tribunal] may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates. (3) Every Board, court, 75[Labor Court, Tribunal and National Tribunal] shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure,1908 (5 or 1908), when trying a suit, in respect of the following matters, namely:- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses; (d) in respect of such other matters as may be prescribed, and every inquiry or investigation by a Board, court, 76[Labor Court, Tribunal or National Tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 to 1860). (4) A conciliation officer 77[may enforce the attendance of any person for the purpose of examination of such person or call for] and inspect any document which he has ground for considering to be relevant to the industrial dispute 78[or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), 77[in respect of enforcing the attendance of any person and examining him or of compelling the production of documents]] . 79 [(5) A court, Labor Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or assessors to advise it in the proceeding before it. (6) All conciliation officers, members of a Board or court and the presiding officers of a Labor Court , Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (7) Subject to any rules made under this Act the costs of, and incidental to, any proceeding before a Labor Court, Tribunal or National Tribunal shall be in the discretion of that Labor Court, Tribunal or National Tribunal, and the Labor Court, Tribunal or National Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and. subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate government by the person entitled, be recovered by that government in the same manner as an arrear of land revenue.] 80 [ (8) Every 81[ Labor Court , Tribunal or National Tribunal] shall be deemed to be civil court for the purposes of 82[sections 345, 346, and 348 of the Code of Criminal Procedure, 1973 (2 of 1974).]

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall, hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and 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. (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate government 84[or an officer authorized in this behalf by the appropriate government] together with a memorandum of the settlement signed by the parties to the dispute. (4) If no such settlement is arrived at , the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. (5) If, on a consideration of the report referred to in sub-section (4), the appropriate government is satisfied that there is a case for reference to a Board, 85[ Labor Court , Tribunal or National Tribunal], it may make such reference. Where the appropriate government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor. (6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate government: 38 [PROVIDED that, 18[subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

(1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to endeavor to bring about a settlement of the same and for this purpose the Board shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the merit and the right settlement thereof and may do all such things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (2) If a settlement of the dispute or of any of the matter in dispute is arrived at in the course of the conciliation proceedings, the Board shall send a report thereof to the appropriate government together with a memorandum of the settlement signed by the parties to the dispute. (3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the investigation, send to the appropriate government a full report setting forth the proceedings and steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, its findings thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its recommendations for the determination of the dispute. (4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility service, the appropriate government does not make a reference to a 86[Labor Court, Tribunal or National Tribunal] under section 10, it shall record and communicate to the parties concerned its reasons therefor. (5) The Board shall submit its report under this section within two months of the date 87[on which the dispute was referred to it] or within such shorter period as may be fixed by the appropriate government: PROVIDED that the appropriate Government may from time to time extend the time for the submission of the report by such further periods not exceeding two months in the aggregate: PROVIDED FURTHER that the time for the submission of the report may be extended by such period as may be agreed on in writing by all the parties to the dispute.

A court shall inquire into the matters referred to it and report thereon to the appropriate government ordinarily within a period of six months from the commencement of its inquiry.

National Tribunals Where an industrial dispute has been referred to a Labor Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, 102[within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2A) of section 10], submit its award to the appropriate government.

(1) The report of a Board or court shall be in writing and shall be signed by all the members of the Board or court, as the case may be : PROVIDED that nothing in this section shall be deemed to prevent any member of the Board or court from recording any minute of dissent from a report or from any recommendation made therein. (2) The award of a Labor Court or Tribunal or National Tribunal shall be in writing and shall be signed by its presiding officer.

(1) Every report of a Board or court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labor Court , Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate government, be published in such manner as the appropriate government thinks fit. (2) Subject to the provisions of section 17A, the award published under sub-section (1) shall be final and shall not be called in question by any court in any manner whatsoever.

awards are binding 104 [(1) A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement. (2) 105[Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration.] 106 [(3)] A settlement arrived at in the course of conciliation proceedings under this Act 107[or an arbitration award in a case where a notification has been issued under sub-section (3A) of section 10A] or 108[an award 109[of a Labor Court , Tribunal or National Tribunal] which has become enforceable] shall be binding on- (a) all parties to the industrial dispute; (b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board 107[arbitrator] 109[Labor Court , Tribunal or National Tribunal,] as the case may be, records the opinion that they were so summoned without proper cause; (c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates; (d)where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment., as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part.

and awards (1) A settlement 110[* * *] shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute. (2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months 104[from the date on which the memorandum of settlement is signed by the parties to the dispute], and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement. 111 [(3) An award shall, subject to the provisions of this section, remain in operation for a period of one year 112[from the date on which the award becomes enforceable under section 17A]: PROVIDED that the appropriate government may reduce the said period and fix such period as it thinks fit: PROVIDED FURTHER that the appropriate government, may, before expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of any award does not exceed three years from the date on which it came into operation. (4) Where the appropriate government, whether of its own motion or on the application of any party bound by the award, considers that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate government may refer the award or part of it 113[to a Labor Court, if the award was that of a Labor Court or to a Tribunal, if the award was that of a Tribunal or of a National Tribunal], for decision whether the period of operation should not, by reason of such change, be shortened and the decision of 114[Labor Court or the Tribunal, as the case may be] on such reference shall 115[* * *] be final. (5) Nothing contained in sub-section (3) shall apply to any award which by its nature, terms or other circumstances does not impose, after it has been given effect to, any continuing obligation on the parties bound by the award. (6) Notwithstanding the expiry of the period of operation under sub-section (3), the award shall continue to be binding on the parties until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award. 116 [(7) No notice given under sub-section (2) or sub-section (6) shall have effect, unless it is given by a party representing the majority of persons bound by the settlement or award, as the case may be.]

proceedings (1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be. (2) A conciliation proceeding shall be deemed to have concluded- (a) where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute; (b) where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate government or when the report of the Board is published under section 17, as the case may be; or (c) when a reference is made to a court, 117[ Labor Court , Tribunal or National Tribunal] under section 10 during the pendency of conciliation proceedings. (3) Proceedings 118[ before an arbitrator under section 10A or before a Labor Court, Tribunal or National Tribunal] shall be deemed to have commenced on the date of the 119[reference of the dispute for arbitration or adjudication, as the case maybe,] and such proceedings shall be deemed to have concluded 120[on the date on which the award becomes enforceable under section 17A.]

confidential There shall not be included in any report or award under this Act, any information obtained by a Conciliation Officer, Board, court, 117[Labor Court, Tribunal, National Tribunal or an arbitrator], in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such officer, Board, court, 117[ Labor Court, Tribunal, National Tribunal or arbitrator], if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer, Board, court 117[Labor Court, Tribunal ,National Tribunal or arbitrator], as the case may be, that such information shall be treated as confidential; nor shall such conciliation officer or any individual member of the Board, 121[or court or the presiding officer of the Labor Court, Tribunal or National Tribunal or the arbitrator] or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be: PROVIDED that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).

(1) No person employed in a public utility service shall go on strike in breach of contract- (a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (2) No employer carrying on any public utility service shall lock-out any of his workmen- (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or (b) within fourteen days of giving such notice; or (c) before the. expiry of the date of lock-out specified in any such notice as aforesaid. or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate government either generally or for a particular area or for a particular class of public utility services. (4) The notice of strike referred to in sub-section(l) shall be given by such number of persons to such person or persons and in such manner as maybe prescribed. (5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed. (6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate government or to such authority as that government may prescribe, the number of such notices received or given on that day.

Lockouts No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out- (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings; (b) during the pendency of proceedings before 122[a Labor Court , Tribunal or National Tribunal] and two months, after the conclusion of such proceedings; 123[* * *] 107 [(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section l0A; or] (c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.

(1) A strike or lock-out shall be illegal if- (i) it is commenced or declared in contravention of section 22 or section 23; or (ii) it is continued in contravention of an order made under sub-section (3) of section 10 107[or sub-section (4A) of Section 10A]. (2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, 107[an arbitrator, a]117[Labor Court, Tribunal or National Tribunal], the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section(3) of section 10 107[or sub-section (4A) of section 10A]. (3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.

illegal strikes and Lockouts No person shall knowingly expend or apply any money in direct furtherance or support of any illegal strike or lock-out.

Lockouts (1) Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. (2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

illegal strikes and Lockouts Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Any person who commits a breach of any term of any settlement or award, which is binding on him under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both, 147[and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first] and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realized from him shall be paid, by way of compensation, to any person who, in its opinion, has been injured by such breach.]

information Any person who willfully discloses any such information as is referred to in section 21 in contravention of the provisions of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

(1) Any employer who contravenes the provisions of section 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, (2) Whoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine which may extend to one hundred rupees.

Where a person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

unchanged under certain circumstances during pendency of proceedings (1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before 149[an arbitrator or] a Labor Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall- (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending; (2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with standing orders applicable to a workman concerned in such dispute 149[or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the workman]- (a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding; or (b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman: PROVIDED that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. (3) Notwithstanding anything contained in sub-section (2) no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute- (a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceeding; or (b) by discharging or punishing, whether by dismissal or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending. Explanation: For the purposes of this sub-section a "protected workman" in relation to an establishment, means a workman who, being 150[a member of the executive or other office bearer] of a registered trade union connected with the establishment, is recognized as such in accordance with rules made in this behalf. (4) In every establishment, the number of workmen to be recognized as protected workmen for the purposes of sub-section (3) shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose, the appropriate government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognized as protected workmen. (5) Where an employer makes an application to conciliation officer , Board, 107[an arbitrator, a Labor Court, Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, 102[within a period of three months from the date of receipt of such application], such order in relation thereto as it deems fit:] 145 [PROVIDED that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further periods as it may think fit: PROVIDED FURTHER that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being completed.]

(1) No court shall take cognizance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate government. (2) No court inferior to that of 102[a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act.

(1) No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in rules of a trade union or society notwithstanding. (2) Nothing in the rules of a trade union or society requiring the settlement of dispute in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that Court thinks just.

(1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by- (a) 147[any member of the executive or other office bearer] of a registered trade union of which he is a member; (b) 117[any member of the executive or other office bearer] of a federation of trade unions to which the trade union referred to in clause (a) is affiliated; (c) where the worker is not a member of any trade union by 117[any member of the executive or other office bearer] of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and authorized in such manner as may be prescribed. (2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by- (a) an officer of an association of employer of which he is a member; (b) an officer of a federation of associations of employers to which the association referred to in clause (a) is, affiliated; (c) where the employer is not a member of any association of employers, by an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorized in such manner as may be prescribed. (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court. (4) In any proceeding117[before a Labor Court , Tribunal or National Tribunal], a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and 156[with the leave of the Labor Court , Tribunal or National Tribunal, as the case may be.]

the Act No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

(1) The appropriate government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the powers and procedure of conciliation officer, Board, Court, 158[Labor Courts, Tribunals and National Tribunals] including rules as to the summoning of witnesses, the production of documents relevant to the subject-matter of an inquiry or investigation, the number of members necessary to form a quorum and the manner of submission of reports and awards; 109 [(aa) the form of arbitration agreement, the manner in which it maybe signed by the parties 107[the manner in which a notification may be issued under sub-section (3A) of section 10A,] the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him; (aaa) the appointment of assessors in proceedings under this Act;] (b) the constitution and functions of and the filling of vacancies in Works Committees, and the procedure to be followed by such Committees in the discharge of their duties; (c) the allowances admissible to members of Courts 159[and Boards and presiding officers of Labor Courts, Tribunals and National Tribunals] and to assessors and witnesses; (d) the ministerial establishment which may be allotted to a Court, Board, 117[ Labor Court , Tribunal or National Tribunal] and the salaries and allowances payable to members of such establishments; (e) the manner in which and the person by and to whom notice of strike or lock-out may be given and the manner in which such notice shall be communicated; (f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, 117[ Labor Court , Tribunal or National Tribunal]; (g) any other matter which is to be or may be prescribed. (3) Rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees. 109 [(4) All rules made under this section shall, as soon as possible after they are made, be laid before the State Legislature or, where the appropriate government is the Central Government, before both Houses of Parliament.] 107 [ (5) Every rules made by the Central Government under this section shall be laid, as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 160[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

The appropriate government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,- (a) where the appropriate government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government, or by such officer or authority subordinate to the State Government, as may be specified in the notification; and (b) where the appropriate government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.]

(1) The appropriate government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly. (2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly. (3) Every such notification shall, as soon as possible after it is issued, , be laid before the Legislature of the State, if the notification has  been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.]