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State of Bihar - Section

Section 56 in The Bihar Industrial Disputes Rules, 1961

56. Quorum and procedure for the meeting.

(a)At least one-third of the number of members from each side shall form the quorum for a meeting of the Committee. No quorum will be necessary for an adjourned meeting.
(b)The Committee may meet as often as necessary, but not less often than once a month.
(c)The workmen's representatives shall be paid by the employer at their ordinary rate for the time spent at the meetings of the Committee if held beyond duty hours.
(d)Decisions shall be arrived at only by agreement between the two sides.
(e)Any dispute which is referred to the Committee shall ordinarily be decided within a period of 15 days from the date of such reference is received by the Committee.
(f)At every meeting the Chairman shall fix the date of the next meeting which may be altered by him in consultation with the Vice-Chairman, by giving at least a week's notice to all the other members of the Committee.
(g)The Joint Secretary representing the workmen shall draw up the agenda for every meeting in consultation with the Chairman and shall circulate it among all the other members of the Committee at least two days before the date of the meeting.
(h)Minutes of the meetings of the Committee shall be recorded by the Joint Secretary of the Committee representing the employer and shall be signed by all the members present in the meeting. Copies of the minutes of every meeting shall be sent within 10 days of the meeting to the recognised Employer's Organisation, if any, the recognised Workmen's Organisation, if any, the management of the industrial establishment, the trade union, if any, affiliated to the recognised Workmen's Organisation and the Conciliation Officer concerned. The employer shall provide paper for the recording of the minutes and postage and any other incidental expenses for its despatch to the above mentioned organisations and persons.
(i)Unanimous decisions of the Committee shall, subject to the provisions of the proviso to clause (j) below, be binding on the parties.
(j)If there is any matter on which the Committee cannot agree, the officials of the trade union concerned, or ad hoc representatives of the workmen where no trade union exists, may negotiate with the management of the industrial establishment or if so desires with the recognised employers organisation for reaching a settlement over the matter. The question may thereafter, if necessary be referred to the appropriate conciliation machinery appointed by the Provincial Government. The officials of the trade union concerned of ad hoc representatives of the workmen where no such trade union exists may, in any case, refer the question to the appropriate conciliation machinery, whether or not there has been such negotiation with the management of the establishment, or with the recognised Employers' Organisation, if any.