Section 123 in Bombay Industrial Relations Act, 1946
123. Rules. - (1) The [State] Government may by notification in the Official Gazette make rules to carry out the purposes of this Act.
(2)In particular and without prejudice to the generality of the foregoing provision such rules may be made for all or any of the following matters, namely:-(a)the authority to be prescribed under sub-clause (c) of clause (14) of section 3;(b)the manner in which the panels representing the interests of employers and employees shall be constituted and the manner in which vacancies in the Board of Conciliation shall be filled up under section 7;(c)the qualifications for being eligible to be appointed to preside over Labour Courts under section 9;(d)the form in which the registers of unions and the approved list shall be maintained under section 12;(e)the form of application under sub-sections (1), (2) and (3) of section 13;(f)the fee to be paid, and the form of certificate of registration to be issued under section 14;(g)the fee to be paid under sub-section (1), [the form of certificate of registration under sub-section (3)] and the manner of publication under sub-section (4), of section 16;(h)the fee to be paid under sub-section (1) of section 17;(i)the dates on which and the manner in which returns shall be submitted under section 19;(j)the manner of publication of orders under section 21;(k)the manner of registration of a union for more local areas than one under section 22;(l)the form of application under section 23;(m)the officers, [members of the office staff] [and members of approved unions] to be authorised under section 25 and the manner in which and the conditions subject to which the rights under that section shall be exercised;(n)the fees to be prescribed under sub-section (6) of section 26;[(na) the procedure to be followed by the Registrar for ascertaining membership of unions for the purposes of Chapter [III, IV and V];(nb)the manner of submitting objections to such membership and the amount of deposit which the Registrar may require to be made before entering upon the inquiry;(nc)the fine which may be imposed by the Registrar for any frivolous or vexatious objections to membership;](o)the authority to be prescribed under clause (b) of sub-section (2), and the manner of determining the representative of employers under sub-section (3) of section 27;(p)the manner in which the person shall be elected under sub-section (1) recalled under sub-section (4), the period for which and the manner in which they shall function and the manner in which vacancies shall be filled under sub-section (5), of section 28;(q)the manner of authorising a Qualified or Primary Union under clause (iii) of, the manner of accepting the terms of an agreement for settlement under proviso. Secondly and the number of representatives and the manner of their election under proviso. Thirdly to, section 30;(r)the conditions subject to which the powers of entry and inspection shall be exercised under sub-section (2) of section 34;(s)the manner of submission of draft standing orders under sub-section (1), and the manner of consulting the representative of employees and other interests under sub-section (2) of section 35;(t)the form of notice and the other persons to be prescribed under subsections (1) and (2) and the manner of approach and the period to be prescribed under the proviso to sub-section (4) of section 42;(u)the other persons to be prescribed under sub-section (3) of section 43;(v)the manner of forwarding the memorandum of agreement under subsection (1) of section 44;(w)[the number of members of a Joint Committee, the manner of nomination of members by the union and the manner of giving copies of orders under sub-section (1), and] the appointment of the chairman and the manner in which he shall perform his duties under sub-section (2) of section 49;(X)the manner of conducting the proceedings of a Joint Committee under sub-section (2) of section 50;(y)the manner in which the memorandum of agreement shall be forwarded under sub-section (1), the form in which a special intimation shall be forwarded under sub-section (2), and the other persons to be prescribed under sub-section (4) of section 52;[(y-a) the manner of constituting a Council and filling of vacancies therein, the number of members of such Council, and the manner of electing the representatives of employees under sub-section (1) of section 53A;(y-b) the other things which a Council may do under clause (f) of sub-section (1) of section 53B;(y-c) the administrative functions with which a Council shall be entrusted under sub-section (3) of section 53B;(y-d) matters relating to which information shall be furnished to the Council by the employers under sub-section (4) of section 53B;(y-e) the procedure to be followed by the Council in the discharge of its duties, under sub-section (5) of section 53B;](z)the form in which the statement shall be forwarded under sub-section (1) of section 54;(aa)the manner of holding conciliation proceedings under sub-section (1) of section 56;(ab)the form in which the memorandum of settlement shall be drawn up and the manner of its publication under sub-section (1) of section 58;(ac)the manner of giving notice under sub-section (2) of section 59;(ad)the procedure to be followed by a Conciliator or Board under sub-section (1) of section 60;(ae)the manner of publication of a submission under sub-section (3) of section 66;(af)the modifications to be prescribed under sub-section (2) and manner of making the employers parties to arbitration under sub-section (3) of section 72;(ag)the manner of publication under sub-section (2) of section 74;(ah)the form and manner in which an application shall be made under sub-section (2) of section 79;[(aha) the other industrial matters and disputes under sub-section (1) of section 86C;(ahb)the rules of procedure to be followed by a Wage Board under section 86E;](ai)the manner in which the record shall be maintained under section 111;(aj)the conditions to be prescribed under sub-section (1) of section 112;(ak)the manner of giving notice under section 116;(al)the further power of the Registrar, a Conciliator, [Wage Board] or Board under sub-section (2), [and the manner of verifying information under sub-section (4) of section 118];(am)any other matter which is required to be or may be prescribed.(3)The rules made under this section shall be subject to the condition of previous publication in the Official Gazette.[(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.]
