PART VII - WORKS COMMITTEE
38. Constitution. -Any employer to whom an order made under subsection (1) of section 3 relates shall forthwith proceed to constitute a Works Committee in the manner prescribed in this part.
39. Number of members. -The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and class of workmen engaged in, and to the sections, shops or departments of the establishment:
Provided that the total number of members shall not exceed twenty:
Provided further that the number of representatives of the workmen shall not be less than the number of representatives of the employer.
40. Representatives of employer. -Subject to the provisions of these rules, the representatives of the employer shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the working of the establishment.
41. Consultation with trade unions. -
(1) Where any workmen of an establishment are members of a registered trade union the employer shall ask the union to inform him in writing-
(a) How many of the workmen are members of the union; and
(b) How their membership is distributed among the sections, shops or departments of the establishment.
(2) Where an employer has reason to believe that the information furnished to him under sub-rule (1) by any trade union is false, he may, after informing the union, refer the matter to the Assistant Labour Commissioner (Central) concerned for his decision; and the Assistant Labour Commissioner (Central), after hearing the parties, shall decide the matter and his decision shall be final.
42. Group of workmen’s representatives. On receipt of the information called for under rule 41, the employer shall provide for the election of workmen’s representative on the Committee in two groups-
(1) Those to be elected by the workmen of the establishment who are members of the registered trade’ unions, and
(2) Those to be elected by the workmen of the establishment who are not members of the registered trade union or unions,
Bearing the same proportion to each other as the union members in the establishment bear to the non-members:
Provided that where more than half the workmen are members of the union or any one of ,he unions, no such division shall be made:
Provided further that where a registered trade union neglects or fails to furnish the information called for under sub-rule (1) of rule 41 within one month of the date of the notice requiring it to furnish such information such union shall for the purpose of this rule be treated as if it did not exist:
Provided further that where any reference has been made by the employer under sub-rule (2) of rule 41, the election shall be held on receipt of the decision of Assistant Labour Commissioner (Central).
43. Electoral constituencies. -Where under rule 42 the workmen’s representatives are to be elected in two groups, the workmen entitled to vote shall be divided into two electoral constituencies, the one consisting of those who are members of a registered trade union and the other of those who are not :
Provided that the employer may, if he thinks fit, sub-divide the 1[electoral constituency or constituencies, as the case may be] and direct that workmen shall vote in either by groups, sections, shops or departments.
1. Subs. by G.S.R. 1253, dated 3rd August, 1966.
44. Qualification of candidates for election. -Any workman of not less than 19 years of age and with a service of not less than one year in the establishment may, if nominated as provided in these rules, be a candidate for election as a representative of the workmen on the Committee :
Provided that the service qualification shall not apply to the first election in an establishment which has been in extence for less than a year.
1[Explanation. -A workman who has put in a continuous service of not less than one year in two or more establishments belonging to the same employer shall be deemed to have satisfied the service qualification prescribed under this rule]
1. Added by G.S.R. 1078, dated 4th August, 1962.
45. Qualifications for voters. -All workmen 1[***] who are not less than 18 years of age and who have put in not less than 6 months’ continuous service in the establishment shall be entitled to vote in the election of the representative of workmen.
2[Explanation. - A workman who has put in continuous service of not less than 6 months in two or more establishments belonging to the same employer shall be deemed to have satisfied the service qualification prescribed under this rule.]
1. Omitted by G.S.R. 1078, dated 4th August, 1962.
2. Added by G.S.R. 1078, dated 4th August, 1962.
46. Procedure for election. -
(1) The employer shall fix a date as the closing date for receiving nominations from candidates for election as workmen’s representatives on the committee.
(2) For holding the election, the employer shall fix a date, which shall not be earlier than three days and later than fifteen days after the closing date for receiving nominations.
(3) The dates so fixed shall be notified at least seven days in advance to the workmen and the registered trade union or unions concerned. Such notice shall be affixed on the notice board or given adequate publicity amongst the workmen. The notice shall specify the number of seats to be elected by the groups, sections, shops or departments and the number to be elected by the members of the registered trade union or unions and by the non-members.
(4) A copy of such notice shall be sent to registered trade union or unions concerned.
47. Nomination of candidates for election. -
(1) Every nomination shall be made on a nomination paper in Form G copies of which shall be supplied by the employer to the workmen requiring them.
(2) Each nomination paper shall be signed by the candidate to whom it relates and attested by at least two other voters belonging to the group, section, shop or department the candidate seeking election will represent, and shall be delivered to the employer.
48. Scrutiny of nomination papers. -
(1) On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinised by the employer in the presence of the candidates and the attesting persons and those which are not valid shall be rejected.
(2) For the purpose of sub-rule (1), a nomination paper shall be held to be not valid if (a) the candidate nominated is ineligible for membership under rule 44, or (b) the requirements of rule 47 have not been complied with :
Provided that where a candidate or an attesting person is unable to be present at the time of scrutiny, he may send a duly authorised nominee for the purpose.
1[48-A.Withdrawal of candidates validly nominated. -Any candidate whose nomination for election has been accepted may withdraw his candidature within 48 hours of the completion of scrutiny of nomination papers.]
1. Added by G.S.R. 1078, dated 4th August, 1962.
49. Voting in election. -
(1) If the number of candidates who have been validly nominated is equal to the number of seats, the candidates shall be forthwith declared duly elected.
(2) If in any constituency the number of candidates is more than the number of seats allotted to it, voting shall take place on the day fixed for election.
(3) The election shall be held in such manner as may be convenient for each electoral constituency
(4) The voting shall be conducted by the employer, and if any of the candidates belong to a union, such of them as the union may nominate shall be associated with the election.
(5) Every workman entitled to vote at an electoral constituency shall have as many votes as there are seats to be filled in the constituency :
Provided that each voter shall be entitled to cast only one vote in favour of any one candidate.
50. Arrangements for election. -The employer shall be responsible for all arrangements in connection with the election.
51. Officers of the Committee. -
(1) The Committee shall have among its office-bearers a Chairman, a Vice-Chairman, a Secretary and a Joint-Secretary. The Secretary and the Joint-Secretary shall be elected every year.
1[(2) The Chairman shall be nominated by the employer from amongst the employer’s representatives on the Committee and he shall, as far as possible, be the head of establishment.
(2-A) The Vice-Chairman shall be elected by the members on the Committee representing the workers, from amongst themselves :
Provided that in the event of equality of votes in the election of the Vice Chairman, the matter shall be decided by draw of a lot.]
(3) The Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be elected from amongst the representatives of the workmen and vice versa:
Provided that the post of the Secretary or the Joint Secretary, as the case may be, hall not be held by a representative of the employer or the workmen for two consecutive years:
2[Provided that the representatives of the employer shall not take part in the election of the Secretary or joint Secretary, as the case may be, from amongst the representatives of the workmen and only the representatives of the workmen shall be entitled to vote in such elections.]
2[(4) In any election under sub-rule (3), in the event of equality of votes, the matter shall be decided by a draw of lot.]
1. Subs. by Notification No. G.S.R. 1078, dated 4th August, 1962.
2. Ins. by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13.3.1982).
52. Term of office. -
1[(1) The term of office of the representatives on the committee other than a member chosen to fill a casual vacancy shall be two years.]
(2) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor.
(3) A member who without obtaining leave for the Committee, fails to attend three consecutive meetings of the Committee shall forfeit his membership.
1. Subs. by Notification No. G.S.R. 1078, dated 4th August, 1962.
53. Vacancies. -In the event of workmen’s representative ceasing to be a member under sub-rule (3) of rule 52 or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be elected in accordance with the provisions of this part from the same group, section, shop or department to which the member vacating the seat belonged.
54. Power to co-opt. - The Committee shall have the right to co-opt in a consultative capacity persons employed in the establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Committee.
55. Meetings. -
(1) The Committee may meet as often as necessary but not less often than once in three months (a quarter).
(2) The Committee shall at its first meeting regulate its own procedure.
56. Facilities for meeting, etc. -
(1) The employer shall provide accommodation for holding meetings of the Committee. He shall also provide all necessary facilities to the Committee and to the members thereof for carrying out the work of the Committee. The Committee shall ordinarily meet during working hours of the establishment concerned on any working day and the representative of the workmen shall be deemed to be on duty while attending the meeting.
1[(2) The Secretary of the Committee may with the prior concurrence of the Chairman, put up notice regarding the work of the Committee on the notice board of the establishment.]
1. Original Rule 56 renumbered as sub-rule (1) and sub-rule (2) added by G.S.R. 1078, dated 4th August, 1962.
1[56-A.Submission of returns. - The employer shall submit half yearly returns as in Form G-1 in triplicate to the Assistant Labour Commissioner (Central) concerned not later than the 20th day of the month following the half year.]
1. Added by G.S.R. 1078, dated 4th August, 1962.
57. Dissolution of Works Committee. - The Central Government, or where the power under section 3 has been delegated to any officer or authority under section 39, such officer or authority may, after making such inquiry as it or he may deem fit, dissolve any Works Committee at any time, by an order in writing, if he or it is satisfied that the Committee has not been constituted in accordance with these rules or that not less than two-thirds of the number of representatives of the workmen have without any reasonable justification failed to attend three consecutive meetings of the Committee or that the Committee has, for any other reason, ceased to function:
Provided that where a Works Committee is dissolved under this rule the employer may, and if so required by the Central Government or, as the case may be, by such officer or authority, shall take steps to re-constitute the Committee in accordance with these rules.