The Maharashtra government notified the Draft Rules for the Industrial Relations Code in the gazette on 3 December 2021.
Applicability
Once in force, the Draft Rules will apply across the whole State of Maharashtra, effective from the date of publication in the Official Gazette of Maharashtra. They will repeal three existing regulations:
- Industrial Dispute (Maharashtra) Rules, 1957
- Maharashtra Trade Unions Regulations, 1929
- Maharashtra Industrial Employment (Standing Orders) Rules, 1959
Compliances
The Draft Rules prescribe twenty-four forms covering procedures under the Code:
- Form I – Memorandum of settlement reached during conciliation, or between employer and workers outside conciliation proceedings (Rule 3)
- Form II – Auditor’s declaration (Rule 9(5))
- Form III – Application for trade union registration (Rule 10(1))
- Form IV – Affidavit accompanying a registration application (Rule 10(2))
- Form V – Certificate of trade union registration, issued by the Registrar of Trade Unions (Rule 10(5))
- Form VI – Register of trade unions (Rule 10(7))
- Form VII – Request to withdraw or cancel a certificate of registration (Rule 10(8))
- Form VIII – Application to the Registrar for a change to a union’s registered particulars, constitution, or rules (Rule 12(5))
- Form IX – Application for verification of a Sole Negotiating Union (Rules 13(2) & 14(1))
- Form X – Certificate of Sole Negotiating Union (Rules 13(4) & 14(3))
- Form XI – Application for verification of a representative for the negotiating council (Rule 14(4))
- Form XII – Certificate of a union’s representative for the negotiating council (Rule 14(5))
- Form XIII – Notice of amalgamation of trade unions (Rule 18(2))
- Form XIV – General statement prescribed under Section 26 of the Code (Rules 20(1) & 10(3))
- Form XV – Notice of an employer’s proposed change to workers’ service conditions (Rule 31(1))
- Form XVI – Agreement for voluntary arbitration (Rule 32(1))
- Form XVII – Authorization for representation before the authority under the Code (Rules 34, 53 & 54)
- Form XVIII – Application to the Tribunal for matters unresolved by the Conciliation Officer (Rule 36(5))
- Form XIX – Notice of strike by a union or group of workers (Rule 37)
- Form XX – Notice of lock-out by an employer (Rule 38(1))
- Form XXI – Notice of retrenchment or closure to the State Government (Rules 39 & 41)
- Form XXII – Application for permission of lay-off, retrenchment, or closure under Chapter X (Rules 42, 45 & 47)
- Form XXIII – Notice to an employer for a first-time offence, for compounding under Section 89(4) (Rule 51)
- Form XXIV – Complaint under Section 91 of the Code before the Conciliation Officer, Arbitrator, or Tribunal (Rule 52(1))