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Section 9A - Notice of Change : Industrial Disputes Act 1947

 

What is Notice of Change? Section 9A of Industrial Disputes Act 1947

Section 9A of Industrial Disputes Act 1947 : "Notice of Change"

No, employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,

(a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or

(b) within twenty-one days of giving such notice:

Provided that no notice shall be required for effecting any such change

(a) where the change is effected in pursuance of any settlement or award; or

(b) where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.

STATE AMENDMENTS

ANDHRA PRADESH
In clause (b) of section 9A for the words "within twenty-one days" the words "within forty-two days" shall be substituted - Andhra Pradesh Act 32 of 1987.

WEST BENGAL
In clause (b) of section 9A for the words "within twenty-one days" the words "within forty-two days" shall be substituted. - West Bengal Act No. 57 of 1980.

MAHARASHTRA
In section 9A of the principal Act, in the proviso,-

(a) in clause (b), the word "; or" shall be added at the end;

(b) after clause (b), the following clause shall be added, namely :-

"(c) where the change is effected due to updating or replacing of the existing machinery, computerization or increase in the immov­able property and increase in production and that,-

(i) such change shall not effect the total wages of the workmen and their hours of work; and

(ii) the employer provides all the legitimate and required facilities such as trainings, etc., to the workmen to acquire the skill of new job.". - Maharashtra Act No. XXIII of 2006.

 

INDUSTRIAL DISPUTES ACT 1947

Section 2 - Definitions

Section 2A - Dismissal, etc., of an individual workman to be deemed to be an industrial dispute

CHAPTER II - AUTHORITIES UNDER THIS ACT

Section 3 - Works Committee

Section 4 - Conciliation officers

Section 5 - Boards of Conciliation

 

 

Section 6 - Courts of Inquiry

Section 7 - Labour Courts

Section 7A - Tribunals

Section 7B - National Tribunals

Section 7C - Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals

Section 8 - Filling of vacancies

 

 

Section 9 - Finality of orders constituting Boards, etc

CHAPTER IIA - NOTICE OF CHANGE

Section 9A - Notice of Change

Section 9B - Power of Government to exempt

CHAPTER IIB GRIEVANCE REDRESSAL MACHINERY

Section 9C - Setting up of Grievance Redressal Machinery

Section 10 - Reference of disputes to Boards, Courts or Tribunals

 

 

Section 10A - Voluntary reference of disputes to arbitration

CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

Section 11 - Procedure and powers of conciliation officers, Boards, Courts and Tribunals and National Tribunals

Section 11A - Powers of Labour Courts, Tribunals and National Tribunals to give appro­priate relief in case of discharge or dismissal of workmen

Section 12 - Duties of conciliation officers

Section 13 - Duties of Board

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