Mizoram Industrial Relations Rules: full text and citation

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| Section | Description | |---|---| | Main symbol | State Emblem of India | | Top | Three visible lions | | Middle/Base | Circular ornamental base | | Center detail | Wheel (Ashoka Chakra) | | Text below | सत्यमेव जयते |

The Mizoram Gazette

EXTRA ORDINARY Published by Authority

RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 VOL-LII Aizawl, Wednesday 7.6.2023, Jyaishtha 17, S.E. 1945, Issue No. 304

NOTIFICATION

No. B. 14015/8/2022-LESDE, the 1(^{st}) June, 2023. In pursuance of the decision of the Council of Minister's conveyed by the Political & Cabinet Department vide No. J. 11011/1/2023-POL/Vol.I dt. 19.05.2023 and in exercise of the powers conferred by section 99 of the Industrial Relations Code, 2020 (35 of 2020) read with section 24 of the General Clauses Act, 1897 (10 of 1897) and in supersession of :-

i) The Mizoram Industrial Dispute Rules, 2015
ii) The Mizoram Industrial Employment (Standing orders) Rules, 2013
iii) The Mizoram Trade Union Regulations, 1992.

The Government of Mizoram is pleased to notify the Industrial Relations (Mizoram) Rules, 2023 for general information.

Lalramsanga Sailo,

Secretary to the Govt. of Mizoram, Labour, Employment, Skill Dev. & Entrepreneurship Dept.

CHAPTER-I

PRELIMINARY

1. Short title, application and commencement:-
1. These rules may be called The Industrial Relations (Mizoram) Rules, 2023.
1. They extend to the whole State of Mizoram.
1. They shall come into force on such date as the State Government may, by notification in the Official Gazatte appoint.

2. Definition:-

(1) In these rules, unless the context otherwise requires,-
(a)“Code”means the Industrial Relations Code, 2020;
(b)“section”means the section of the Code;
(c)“electronically”means any information or communication submitted by email or uploading on the designated portal or digital payment in any mode for the purpose of Code;

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(2) The words and expressions used in these rules which are not defined therein, but are defined in the Code, shall have their respective meaning as assigned to them in the Code.
1. Written Agreement for the settlement before the Conciliation Officer under clause (zi) of section 2:- The Agreement under clause (zi) of Section 2 for written agreement between the employer and worker shall be in the Form specified in Form-I and shall be signed by the parties in the agreement and a copy thereof shall be sent to the concerned Conciliation Officer.

Chapter II

BI-PARTITE FORUMS

1. Constitution of Works Committee etc. under section 3.- (1) Every employer to whom an order made under sub-section (1) of section 3 relates, shall forthwith proceed to constitute a Works Committee in the manner as is specified in the following sub-rules:-
(2) The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and class of workers engaged in, and to the sections, shops or departments of the establishment: Provided that the total number of members of the Works Committee shall not exceed twenty: Provided further that the number of representatives of the worker in the Works Committee shall not be less than the number of representatives of the employer therein. (3) Subject to the provisions of this rule, the representatives of the employer in the Works Committee shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with, or associated with, the working of the industrial establishment.
(4) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform in writing as to-(i) Number of workers as members of such Trade Union; and (ii) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the authority to be notified by Government of Mizoram, who, after hearing the parties, shall decide the matter and his decision shall be final.
(5) On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker's representative on the Committee in two following groups, namely:-
(a) Registered Trade Union may choose their representatives as members for works committee in the proportion of their membership;
(b) Where there is no registered Trade union, workers may choose amongst themselves representatives for works committee.
(6)(a) The Works 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;
(b) The Chairman shall be nominated by the employer from amongst the employer's representatives on the Works Committee and he shall, as far as possible, be the head of the industrial establishment;
(c) The Vice-Chairman shall be elected by the members, on the Works 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;

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(d) The Works 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 worker and vice versa: Provided that the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative of the employer or the worker for two consecutive years:

Provided further 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 worker and only the representatives of the worker shall be entitled to vote in such elections.

(e) In any election under clause (d), in the event of equality of votes, the matter shall be decided by a draw of lot. (7)(a) The term of office of the representatives on the Works Committee other than a member chosen to fill a casual vacancy shall be two years;
(b) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor; (c) A member who without obtaining leave from the Works Committee, fails to attend three consecutive meetings of the Committee shall forfeit his membership.
(8) In the event of worker's representative ceasing to be a member under clause (c) of sub-rule (7)or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule from the same group to which the member vacating the seat belonged. (9). The Works Committee shall have the right to co-opt in a consultative capacity, persons employed in the industrial 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 Works Committee.
(10)(a) The Works Committee may meet as often as necessary but not less than once in three months;
(b) The Works Committee shall, at its first meeting regulate its own procedure.
(11)(a) the employer shall provide accommodation for holding meetings of the Works Committee. He shall also provide all necessary facilities to the Works Committee and to the members thereof for carrying out the work of the Works Committee. The Works Committee shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representative of the worker shall be deemed to be on duty while attending the meeting;
(b) The Secretary of the Works Committee may with the prior concurrence of the Chairman, put up notice regarding the work of the Works Committee on the notice board of the industrial establishment.

5. Manner of choosing members from the employers and the workers for Grievance Redressal

Committee under sub-section (2) of section 4:-

(1) The Grievance Redressal Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed ten in total. (2) The representatives of the employer shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with or associated with the working of the industrial establishment, preferably the heads of major departments of the industrial establishment.

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(3) The representatives of the workers shall be chosen by the registered Trade Union. In case where there is no registered Trade union the member may be chosen by the workers of the industrial establishment:

Provided that there shall be adequate representation of women workers in the Grievance Redressal Committee and such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment:

Provided further that the tenure of the members of the Grievance Redressal Committee shall be co-terminus with the tenure of the members of the registered Trade Union.

Provided also that in the absence of registered Trade Union, the tenure of members of Grievance Redressal Committee shall be for a period of two years from the date of the constitution of the Grievance Redressal Committee.

(4) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to -
(a) Number of workers as members of such Trade Union; and
(b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the authority to be notified by Government of Mizoram who shall, after hearing the parties, shall decide the matter and his decision shall be final.
(5) On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker's representative on the Committee by two following groups, namely:- (a) Registered Trade Union may choose their representatives as members for Grievance Redressal Committee in the proportion of their membership.
(b) Such workers those who are not member of registered Trade Union, may choose amongst themselves representatives for the Grievance Redressal Committee.
1. Application in respect of any dispute to be filed before the Grievance Redressal Committee by any aggrieved worker under sub-section (5) of section 4:-

Any aggrieved worker may file an application stating his dispute therein before the Grievance Redressal Committee giving his name, designation, employee Code, Department where posted, length of service in years, category of worker, address for correspondence, contact number, details of grievances and relief sought. Such application may be sent electronically or manually. The Grievance may be raised within one year from the date on which the cause of action of such dispute arises.

1. Manner of filing application for the conciliation of grievance as against the decision of the Grievance Redressal Committee to the conciliation officer under subsection (8) of section 4:-

Any worker who is aggrieved by the decision of the Grievance Redressal Committee or whose grievance is not resolved by the said Committee within thirty days of receipt of the application, may file an application through online or manually within a period of sixty days from the date of the decision of the Grievance Redressal Committee or from the date on which the period specified in sub-section (6) of section 4 expires, as the case may be, to the conciliation officer through the Trade Union, of which he is a member or otherwise:

Provided that till the online portal is ready, the conciliation application may be send through registered post or speed post, the conciliation officer shall get the same digitized after the online portal is ready and enter the particulars of the application in the online mechanism under intimation to the concerned worker.

Table Summary

| Element | Description | |---|---| | Main subject | Human eye | | Color | Grayscale / muted | | Position | Slightly left of center | | Text present | None | | Image quality | Very small, low-detail |

Chapter III

TRADE UNION

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1. Payment for subscription by members of the Trade Union and donation from such members and others under clause (f) of section 7:-

The payment of minimum subscription by member of Trade Union which shall not be less than-

(i) One hundred rupees per annum for rural and unorganized sector workers;
(ii) Three hundred rupees per annum for workers in any other cases;
1. Manner of annual audit under clause (j) of section 7:-
(1) The annual audit of the account of any registered trade union or federation of union shall be conducted by an auditor authorized to audit the account of companies under section 139 of Companies Act, 2013:

Provided that where the membership of trade union did not at any time during the financial year exceed 250, annual audit of the accounts may be conducted by any two members of the union.

(2) The auditor or auditors shall be given access to all the books of the Trade Union and shall verify the annual return with the accounts and vouchers relating thereto and shall thereafter sign the auditor's declaration appended to Form II, indicating separately on that Form under his signature or their signatures, a statement showing in what respect he or they find the return to be incorrect, unvouched or not in accordance with the Act. The particulars given in this statement shall Indicate-
(a) every payment which appears to be unauthorized by the rules of the Trade Union or contrary to the provisions of the Act;
(b) the amount of any deficiency or loss which appears to have been incurred by the negligence or misconduct of any person;
(c) the amount of any sum which ought to have been but is not brought to account by any person; Provided in case of Audit of political funds of a registered Trade Union, the audit shall be carried out along with the audit of the general account of the Trade Union and by the same auditor or auditors.
1. Form of declaration to be made by an affidavit and the manner of making the same under clause (a) of sub-section (1) of section 8:-

Every application for registration of a Trade Union shall be made to the Registrar along with a declaration made regarding the authenticity of information given through an affidavit in Form III.

1. Form of general statement of the assets and liabilities of the Trade Union under sub-section (2) of section 8:-

The statement of the assets and liabilities of the Trade Union shall be submitted to the Registrar in Form IV along with a copy of annual audit report.

1. Form of application for registration under sub-section (1) of Section 8, and the form of issuing certificate of registration to be issued by the Registrar to the applicant Trade Union under sub-section (2) of section 9:-

The application for registration under subsection (1) of section 8, shall be in form V and the certificate of registration to be issued by the Registrar to the applicant under sub-section (2) of section 9 shall be in form VI.

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1. Register for entering the name and other particulars of Trade Union under sub-section(3)of section 9 and Verification of application of the Trade Union under subsection (5)(i) of section 9:-
(1) The Registrar after issuing the certificate of registration shall register the name and other particulars of the Trade Union by entering in a register, to be maintained in Form-VII electronically for the purpose of sub-section(3) of section 9. (2)The certificate of registration of Trade Union issued by Registrar may be withdrawn or cancelled after the verification done by the concerned authority as notified by State Government for the purpose of sub-section (5)(i) of section 9.
(3) For the purpose of verification of Trade Union the Registrar may use Aadhaar Identification.
1. Period within which appeal is to be preferred by Trade Union to Tribunal under sub-section (1)of section 10:-

If an application is refused by the Registrar for granting registration or cancel registration under sub-section (5) of section 9, the person aggrieved may appeal to the Tribunal within the period of 30 days from the date of refusal of application or cancellation of certificate.

1. Manner of Amendment and variation in rules of Trade Unions and dissolution of Trade Unions:-
(1) Notice in writing of every change in name of the trade union or variation or rescission to the rules of the trade union, shall be signed by the Secretary and by seven members of the trade union and shall be sent to the Registrar having jurisdiction.
(2) When a registered trade union is dissolved, notice of the dissolution signed by seven members and by the secretary of the trade union shall, within fourteen days of the dissolution, be sent to the Registrar, and shall be registered by him if he is satisfied that the dissolution has been from the date of such registration.
(3) When a registered trade union is dissolved, notice of the dissolution and any amendment in rules shall be sent to the Registrar in Form - VI (A).
1. Manner of sending the communication and notices under sub-section(1) and the manner to inform the Registrar under sub-section (3) of section 11:-
(1) All communication and notices to the registered Trade Union shall be sent by the Registrar to the address of the head office of the Trade Union as entered in the register in Form VII through registered post and electronically, if possible.
(2) All communication to the Registrar by the Trade Union for the purpose of sub-section (2) and sub-section (3) of section 11 shall be preferably through electronic mode.
1. Matters on which negotiating union or negotiating council, as the case may be, in an industrial establishment may negotiate with the employer of the industrial establishment under sub- section(1) and the criteria to be followed by the employer of industrial establishment under sub-section (2) of section 14:-
(1) The negotiating union or negotiating council, as the case may be, in an industrial establishment having registered trade union for negotiating with the employer of the industrial establishment may negotiate on issues related to terms of employment or condition of workers. (2) In case where an industrial establishment has only one registered Trade Union, the employer of such industrial establishment shall recognized such registered Trade union as sole negotiating union, only if at the time of initiation of negotiation, more than 25% of the total workers of the industrial establishment is the member of that registered Trade Union

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1. Manner of verification of workers on the muster roll of the industrial establishment, under sub-sections (3) and (4) and the facilities to be provided by industrial establishment to a negotiating union or negotiating council under sub-section (7) of section 14:-
(1) The verification of workers on the muster roll of the industrial establishment, under sub- sections (3) and (4) of section 14 Shall be made in presence of authority as notified by State Government of the concerned area.
(2) The employer of the industrial establishment shall provide reasonable space for negotiation to the recognized negotiating union or negotiating council, as the case may be
1. The objects under sub-section (1) and sub-section (2) and the subscription payable under sub-section (4) of section 15:-

The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely: -

(a) the payment of salaries, allowances and expenses to office-bearers of the Trade Union;
(b) the payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds of the Trade Union;
(c) the prosecution or defence of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs;
(d) the conduct of industrial disputes on behalf of the Trade Union or any member thereof;
(e) the compensation of members for loss arising out of industrial disputes;
(f) allowances to members or their dependents on account of death, old age, sickness, accidents or unemployment of such members;
(g) the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment;
(h) the provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependents of members;
(i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such;
(j) the payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the balance at the credit of those funds at the commencement of that year; and
(k) subject to any conditions contained in the notification, any other object notified by the State Government in the official Gazette.
(2) For the purpose of sub-section (4) of section 15, provision of rule 7 shall be applied.
1. Manner of making application for adjudication before the Tribunal under subsection (1) of section 22:-

For the purpose of sub-section (1) of section 22, the application for adjudication before the Tribunal shall be made in Form VIII. The mode of making application before the Tribunal shall be decided by the State Government through Gazette notification.

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1. Manner of amalgamation under sub-section(2), and the manner of sending signed amalgamation to the Registrar of a different State under sub-section (3) of section 24:-
(1) On receipt of a notice of amalgamation under sub-section (3) of section 24, if the head office of the amalgamated trade union is in the State of Mizoram, the Registrar shall consult the Registrars of trade unions in other state so amalgamating if any, before registering the amalgamated trade union under sub-section (6) of section 24.
(2) When the amalgamated trade union is registered under sub-section (6) of section 24, it shall be assigned a number in the register in Form VII and the Registrar shall issue a new certificate in Form VI thereof. He shall also note the fact of amalgamation against the entries, if any, relating to the trade unions so amalgamated in the register in Form VII and send intimation of the registration of the amalgamated union to the Registrars of the trade unions so amalgamated in other State, if any.
1. Distribution of funds of the Trade Union on dissolution by Registrar under sub-section (2) of section 25:-

Where it is necessary for the Registrar, under sub-section (2) of section 25, to distribute the funds of a trade union which has been dissolved. He shall divide the funds in proportion to the amounts contributed by the members on roll at the time of dissolution by way of subscription to the several funds of the trade union during their membership. In the event of the death of a member of a trade union subsequent to the date of its dissolution but prior to the distribution of funds, the Registrar shall pay the sum payable to such member to his legal dependents.

1. The date before which a general statement shall be forwarded annually to the Registrar, the particulars to be contained in general statement and its Form, the person by whom and the manner in which such general statement shall be audited under clause (a) of sub-section (1) of section 26:-

The annual return to be furnished under section 26 shall be submitted to the Registrar by the 31st day of July in each year and shall be in Form IX.

1. Manner and purpose of recognition of a Trade Union or a federation of Trade Unions by the State Government as a State Trade Union at the State level and the authority and the manner of deciding dispute by it under sub-section (2) of section 27:-
(1) The State Government may recognize any Trade Union or federation of Trade union as State Trade Union if the Trade union or Federation of Union has at least a combined verified membership of Fifty Thousand or more and the membership presence is in at least four types of industries in the State. It shall be mandatory for Registrar to have the members of State Trade Union verified through Aadhar identification.
(2) The State Government may give preference to those Trade Union which are recognized as State Trade Union for the purpose of constitution of any tripartite forum formed under the provision of different codes or otherwise.
(3) In case of any dispute in relation to the recognition of State Trade Union, the Tribunal constituted in the Capital of the State under the provision of the said code, shall be the final authority for adjudicating the dispute.

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Chapter IV STANDING ORDERS

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1. Manner of forwarding information to certifying officer under sub-section (3) of section 30:-
(1) If the employer adopts the model standing order of the Central Government referred to in section 29 with respect to matters relevant to his industrial establishment or undertaking, then, he shall intimate the concerned certifying officer the specific date from which the provisions of the model standing order which are relevant to his establishment have been adopted.
(2) On receipt of information in sub-rule(1) the certifying officer within a period of thirty days from such receipt may give his observation that the employer is required to include certain provisions which are relevant to his establishment and indicate those relevant provisions of the model standing orders which have not been adopted and shall also direct the employer to amend the standing order so adopted, by way of addition, deletion or modification within a period of thirty days from the date of the receipt of such direction and ask for compliance report only in respect of provisions which the certifying officer seeks to get so amended and such report shall be sent electronically by the employer.
(3) If no observation is made by certifying officer within a period of thirty days of the receipt of the information as specified in sub-rule(1) and (2), then, the standing order shall be deemed to have been adopted by the employer.
1. Manner of choosing representatives of workers of the industrial establishment or undertaking for issuing notice by certifying officer where there is no Trade Union operating, under clause (ii) of sub-section (5) of section 30:-

Where there is no such Trade Union as is referred to in clause (i) of sub-section (5) of section 30, then, the certifying officer shall call a meeting of the workers to choose three representatives, to whom he shall, upon their being chosen, forward a copy of the standing order requiring objections, if any, which the workers may desire to make to the draft standing order to be submitted within fifteen days from the receipt of the notice.

1. Manner of authentication of certified standing orders under sub-section (8) of section 30:- Standing orders or modification in the standing orders, certified in pursuance of sub-section (8) of section 30 or the copies of the order of the appellate authority under sub-section (1) of section 33 shall be authenticated by the certifying officer or the appellate authority, as the case may be, and shall be sent within a week to all concerned, but there shall not be any requirement of certification in cases of deemed certification under sub-section (3) of section 30 and in cases where the employer has certified adoption of model standing orders.
1. Statement to be accompanied with draft standing orders under sub-section (9) of section 30:- A statement to be accompanied with-(i) draft standing order shall contain, the particulars such as name of the industrial establishment or undertaking concerned, address, e-mail address, contact number and strength and details of workers employed therein including particulars of Trade union to which such workers belong; and (ii) draft modification in the existing standing orders, shall contain the particulars of such standing orders which are proposed to be modified along with a tabular statement containing details of each of the relevant provision of standing order in force and proposed modification therein and reasons thereof and such statement shall be signed by a person authorized by the industrial establishment or undertaking.
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Conditions for submission of draft standing order in similar establishment under subsection (10)of section 30:- In cases of group of employer engaged in similar industrial establishment may submit a joint draft standing order under section 30 and for the purpose of proceedings specified in subsections (1),(5),(6),(8)and(9)thereof after consultation with the concerned Trade union. Provided that the joint draft standing orders, in cases of group of employers engaged in similar industrial establishments, will be drafted and submitted to the Labour Commissioner, LESDE Department who shall, in consultation with the concerned certifying officers, certify or refuse to certify the said joint draft standing order, after recording reasons thereof.
Manner of disposal of appeal by appellate authority under section 32:- (1) An employer or Trade Union desirous of preferring an appeal against the order of the certifying officer given under sub-section (5) of section 30 shall within sixty days of the receipt of such order shall draw up a memorandum of appeal in tabular Form stating therein the provisions of the standing orders which are required to be altered or modified or deleted or added and reasons thereof and shall be filed to the appellate authority. (2) The appellate authority as notified by State Government shall fix a date for the hearing of the appeal and direct notice thereof to be given -(a) where the appeal is filed by the employer or a worker, to Trade Union of the workers of the industrial establishment or to the representative body of the workers concerned or to the employer, as the case may be; (b) where the appeal is filed by a Trade Union, to the employer and all other Trade Unions of the workers of the industrial establishment; and (c) where the appeal is filed by the representative of the workers, to the employer and any other worker whom the appellate (3) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal. authority joins as a party to the appeal. (4) The appellate authority may at any stage of the proceeding call for any evidence, if it considers necessary for the disposal of the appeal. (5) On the date fixed under sub-rule (2) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called or consider to be relevant if produced and after hearing the parties dispose of the appeal.
The manner and the language of maintaining standing order under sub-section (1) and (2) of section 33:- (1) The standing order finally certified by certifying officer shall be sent except in the case of deemed certification under section 30. (2) The text of the standing order as finally certified or deemed to have been certified or adopted model standing order under this Chapter shall be maintained by the employer in Mizo or in English. Format order appended as Annexure-I.

1. Register for final certified copy of Standing Order under section 34:-
(1) The certifying officer shall maintain a register of all standing orders certified or deemed to have been certified or adopted model standing orders of all the concerned industrial establishments, inter-alia, containing the details of -
(a) the unique number assigned to each standing order;
(b) name of industrial establishment;
(c) nature of industrial establishment;
(d) date of certification or deemed certification or date of adoption of model standing order by each establishment or undertaking;
(e) the areas of the operation of the industrial establishment; and

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(f) such other details as may be relevant and helpful in retrieving the standing orders and create a data base of such of all standing orders.
(2) The certifying officer shall furnish a copy of the certified standing orders or deemed certifying orders to any person applying there for on payment of two rupees per page of the certified standing orders or deemed certified standing orders, as the case may be. The payment for such purpose can also be made through electronic mode.
1. Application for modification of Standing Order under sub-section (2) of section 35:- The application for modification of an existing standing order under sub-section (2) of section 35 shall be submitted and contain the particulars of such standing orders which are proposed to be modified along with a tabular statement containing details of each of the relevant provisions of standing order in force, and proposed modifications therein, reasons thereof and the details of registered Trade union(s) operating therein, and such statement shall be signed by a person authorized by the industrial establishment or undertaking.

CHAPTER-V

NOTICE OF CHANGE

1. The manner of giving of notice for change proposed to be effected under clause (i) of section 40:-
(1) Any employer intending to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule to the Code, shall give notice in Form-X to such worker affected by such change.
(2) The notice referred in sub-rule (1) shall be displayed conspicuously by the employer on the notice board at the main entrance of the industrial establishment and the office of the concerned Manager of the industrial establishment:

Provided that where there is a registered Trade Union or registered Trade Unions relating to the industrial establishment, a copy of such notice shall also be served on the Secretary of such Trade Union or each of the Secretaries of such Unions, as the case may be.

Chapter VI

VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION

1. Form of arbitration agreement and the manner thereof under sub-section (3) of section 42:- (1) Where the employer and workers agree to refer the dispute to arbitration, the Arbitration Agreement shall be in Form-XI and shall be signed by the parties to the agreement. The agreement shall be accompanied by the consent either in writing or electronically of arbitrator or arbitrators.
(2) The Arbitration Agreement referred to in sub-rule (1) shall be signed. -
(i) In case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other officer of the corporation authorized for such purposes;
(ii) In the case of the workers by the officer of the registered Trade Union authorized in this behalf or by three representatives of the workers duly authorized in this behalf at a meeting of the concerned workers held for such purpose;
(a) In the case of an individual worker, an individual worker by the worker himself or by an officer of registered Trade Union of which the worker is a member:

Explanation:-

(1) In this rule, the expression 'officer' means any officer of a registered Trade Union or an association of the employer authorized for such purpose;

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(2)In this rule 'officer' means any of the following officers, namely:-
a)the President;
b) the Vice-President;
c) the Secretary (including the General Secretary);
d) a Joint Secretary; and
e) any other officer of the Trade Union authorized in this behalf by the President and Secretary of the union.
1. Manner of issue of notification under sub-section (5) of section 42:-

Where an industrial dispute has been referred to arbitration and the State Government is satisfied that the persons making the reference represent the majority of each party, it shall publish a notification in this behalf in the Official Gazette and electronically for the information of the employers and workers who are not parties to the arbitration agreement butare concerned in the dispute and they may present their case before the arbitrator or arbitrators appointed for such purpose.

Manner of choosing representatives of workers where there is no Trade Union under subsection (5) of section 42:- Where there is no Trade Union, the representative of workers to present their case before the arbitrator or arbitrators in pursuance of clause (c) of the proviso to sub-section (5) of section 42, shall be chosen by a resolution passed by the majority of concerned workers in Form-XII authorizing therein to represent the case. Such workers shall be bound by the Acts of representatives who have been authorized to represent before the arbitrator or arbitrators, as the case may be.

CHAPTER-VII

MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTE

1. Manner of filling up of the vacancy under sub-section (9) of section 44 and procedure for selection, salaries and allowances and other terms and condition of Judicial Member of the Industrial Tribunal under sub-section (5) of section 44.-
(1) The Judicial member of the Industrial Tribunal shall be appointed by the State Government on the recommendation of a Search Cum Selection Committee (SCSC) specified in sub- rule(2).
(2) The Search Cum Selection Committee shall comprise of the following members, namely:-
(i) Chief Justice of Guwahati High Court or a Judge of Guwahati High Court nominated by him-Chairperson;
(ii) Sitting Judicial Member of the other Industrial Tribunal -Member;
(iii) Secretary to the Government of Mizoram, LESDE Department - Member; and
(iv) Secretary to the Government of Mizoram, Industry Department -Member.
(3) The Search-cum-Selection Committee (SCSC) shall determine its procedure for making its recommendation and, after taking into account qualification, suitability, record of past performance, integrity as well as adjudicatory experience keeping in view of the requirement of the National Industrial Tribunal recommend a panel of two or three persons as it deems fit for appointment to each post.
(4) No appointment of a Judicial Member shall be declared invalid merely by reason of a vacancy or absence of any member in the Search-cum-Selection Committee.
(5) A Judicial Member shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixty five years, whichever is earlier.

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(6) In case of casual vacancy in the office of Judicial Member, the Central Government shall appoint the Judicial Member of the other National Industrial Tribunal to officiate as Judicial Member.
(7) The Minimum prescribed qualification for Administrative member under the prosvo of section 44(4) of the Industrial Relation Code 2020， the pay of Administrative member should be equivalent to that of Joint Secretary in the Govt. of India and the same may apply to the Judicial member. The Judicial Member shall be appointed on part time basis at a fixed salary of Rs. 1,00,000/-per month plus siting allowance @ Rs. 4,000/-per day of sitting.
(8) In case of retired High Court Judges, they shall be entitled to join Contributory Provident Fund Scheme as per rules during the period of their re-employment and additional gratuity shall not be paid for the service rendered in the National Industrial Tribunal. (9) A Judicial Member shall be entitled for rent free furnished accommodation or house rent allowance at the rate as admissible to an officer of the Government of India holding Group A post carrying the same pay.
(10) The State Government shall be the leave sanctioning authority for the Judicial Member. (11) Health facilities equivalent to Central Government Health facilities as admissible to an officer of the Government of India holding Group A post carrying the same pay shall be applicable. (12)(a) Travelling allowance to a Judicial member shall be admissible as per entitlement of an officer of the Government of India holding Group A post carrying the same pay.
(b) In case of retired High Court Judges, transfer travelling allowance for joining the Industrial Tribunal from home town to head quarter and vice-versa at the end of assignment shall also be admissible as entitlement of an officer of the Government of India holding Group A post carrying the same pay.
(13) A Judicial Member shall be entitled for leave travel concession as admissible to an officer of the Government of India holding Group A post carrying the same pay.
(14) A Judicial Member shall be entitled for transport allowance as admissible to an officer of the Government of India holding Group A post carrying the same pay.
(15) No person shall be appointed as Judicial Member unless he is declared medically fit by an authority specified by the State Government in this behalf.
(16)(a) If a written and verifiable complaint is received by the State Government, alleging any definite charge of misbehavior or incapacity to perform the functions as Judicial Member, it shall make a preliminary scrutiny of such complaint.
(b) If on preliminary scrutiny, the State Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehaviour or incapacity of a Judicial Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry. (c) The Search-Cum-Selection Committee shall complete the inquiry within six months time or such further time as may be specified by the Central Government.
(d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the State Government stating therein its findings and the reasons thereof on each of the charges separately with such observations on the whole case as it may think fit.
(e) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry.
(17) A Judicial Member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the State Government: Provided that the Judicial Member

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shall, unless he is permitted by the State Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of the office, whichever is earlier.

(18) The State Government shall, on the recommendation of Search-Cum-Selection Committee, remove from office any Judicial Member, who-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such a Judicial Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Judicial Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that where a Judicial Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against (19) Every person appointed as Judicial Member shall, before entering upon his office, make him and given an opportunity of being heard in respect of those charges. and subscribe an oath of office and secrecy in the Form-XIII annexed to these rules.
(20) Matter relating to the terms and conditions of services of the Judicial Member with respect to which no express provisions has been made in these rules, shall be referred by the Industrial Tribunal to the State Government for its decision, and the decision of the State Government thereon shall be binding. (21) The State Government shall have power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in writing.
1. Manner of filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Administrative Member of the Industrial Tribunal under sub-section (5) of Section 44:-
(1) The Administrative Member shall be appointed by the State Government on the recommendation of a Search Cum Selection Committee (SCSC) specified in sub-rule (2) of this rule. (2) The Search Cum Selection Committee shall comprise of the following members, namely:-
(i) Chief Justice of Gauhati High Court or a Judge of Gauhati High Court nominated by him-Chairperson; (ii) Sitting Member of the other Industrial Tribunal - Member;
(iii) Secretary to the Government of Mizoram, LESDE Department - Member; and
(3) The Search-cum-Selection Committee (SCSC) shall determine its procedure for making its (iv) Secretary to the Government of Mizoram, Industry Department - Member. recommendation and, after taking into account qualification, suitability, record of past performance, integrity as well as experience keeping in view of the requirement of the Industrial Tribunal and recommend a panel of two or three persons as it deems fit for (4) No appointment of Administrative Member shall be declared invalid merely by reason of appointment to the said post. one vacancy or absence of any Member in the Search-cum-Selection Committee.
(5) An administrative Member shall hold office for a term of four years or till he attains the age of sixty five years, whichever is earlier. (6) In case of casual vacancy in the office of Administrative Member, the State Government shall appoint the Administrative Member of the other Industrial Tribunal to officiate as Administrative Member.
15- Ex-304/2023 (7) The Minimum prescribed qualification for Administrative member under the prosvo of section 44(4) of the Industrial Relation Code 2020， the pay of Administrative member should be equivalent to that of Joint Secretary in the Govt. of India and the same may apply to the Judicial member. The Administrative Member shall be appointed on part time basis at a fixed salary of Rs. 1,00,000/-per month plus siting allowance @ Rs. 4,000/-per day of sitting. (8)(a) In case of serving Government Officer, the service rendered in Industrial Tribunal shall be counted for pension to be drawn in accordance with the extant rules of the service which he belong and shall be governed by General Provident Fund Rules (Central Service), 1960. (b) In case of retired Government Officers, they shall be entitled to join Contributory Provident Fund Scheme as per extant rules during period of their re-employment. Additional gratuity shall not be admissible for the service rendered by the Administrative Member in the Industrial Tribunals. (9) Administrative Member shall be entitled for rent free furnished accommodation or house rent allowance at the rate as admissible to an officer of the Government of India holding Group A post carrying the same pay. (10)(a) In case of serving Government Officer, leave shall be admissible in accordance with the extant rules of the service which he belongs. (b) In case of retired Government Officers, leave shall be admissible as are admissible to an officer of the Government of India holding a post carrying the same pay. (11)(a) The State Government shall be the leave sanctioning authority for the Member. (b) The State Government shall be the sanctioning authority for foreign travel to the Administrative Member. (12) Health facilities equivalent to Central Government Health facilities as admissible to an officer of the Government of India holding Group A post carrying the same pay shall be applicable. (13)(a) Travelling allowance to an Administrative Member shall be admissible as per entitlement an officer of the Government of India holding Group A post carrying the same pay. (b) In case of retired Government Officer, transfer travelling allowance for joining the Industrial Tribunal from home town to head quarter and vice-versa at the end of assignment shall also be admissible as entitlement of an officer of the Government of India holding Group A post carrying the same pay. (14) An Administrative Member shall be entitled for leave travel concession as admissible to an officer of the Government of India holding Group A post carrying the same pay. (15) An Administrative Member shall be entitled for transport allowance as admissible to an officer of the Government of India holding Group A post carrying the same pay. (16) No person shall be appointed as an Administrative Member, unless he is declared medically fit by an authority specified by the State Government in this behalf. (17)(a) If a written and verifiable complaint is received by the State Government, alleging any definite charge of misbehaviour or incapacity to perform the functions as Administrative Member, it shall make a preliminary scrutiny of such complaint. (b) If on preliminary scrutiny, the State Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehaviour or incapacity of an Administrative Member, it shall make a reference to the Search- Cum-Selection Committee to conduct the inquiry. (c) The Search-Cum-Selection Committee shall complete the inquiry within six months time or such further time as may be specified by the State Government. (d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the State Government stating therein its findings and the reasons thereof

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on each of the charges separately with such observations on the whole case as it may think fit.

(e) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry.
(18) An Administrative Member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the State Government: Provided that the Administrative Member shall, unless he is permitted by the State Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of the office, whichever is earlier.
(19) The State Government shall, on the recommendation of the Search-Cum- Selection Committee, remove from office any Administrative Member, who-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as an Administrative Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that where an Administrative Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges. (20) Every person appointed as Administrative Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in the Form-XIII annexed to these rules.
(21) Matter relating to the terms and conditions of services of the Administrative Member with respect to which no express provisions has been made in these rules, shall be referred by the Industrial Tribunal to the State Government for its decision, and the decision of the State Government thereon shall be binding.
(22) The State Government shall have power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in writing.
1. Manner of holding conciliation proceedings under sub-section (1), full report under sub- section (4), and application and the manner of deciding such application under sub-section (6) of section 53:-
(1) Where any industrial dispute exists or is apprehended or a notice under section 62 has been given, the conciliation officer on receipt of such application shall examine the application and if he finds that the dispute pertains to the jurisdiction of Concerned Government shall transfer the dispute to the concerned authority. In other cases, he will issue first notice to the parties concerned declaring his intention to commence conciliation proceedings.
(i) The employer or the workers representative in the first meeting shall submit their respective statement in the matter of said dispute.
(ii) The conciliation officer shall hold conciliation proceedings for the purpose of bringing about a settlement of the dispute and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement.
(2) If no such settlement is arrived at in the conciliation proceeding referred to in sub-rule (1), the conciliation officer shall submit a report within seven days from the date on which the conciliation proceedings are concluded.

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(3) The report referred to in sub-rule (2) shall be accessible to the parties concerned.
(4) The report referred to in sub-rule (2) shall contain inter-alia the submissions of the employer, worker or Trade union, as the case may be, and it shall also contain the efforts made by the conciliation officer to bring the parties to the amicable settlement, reasons for refusal of the parties to resolve the dispute and the conclusion of the conciliation officer.
(5) Any dispute which is not settled during the conciliation proceedings, then, either of the concerned party may make an application in Form-XIV, before the Tribunal within ninety days. days from the date of the report under sub-rule (2).
(6) In case of an industrial dispute which has not been settled during the conciliation proceedings, an application may be made before the Tribunal by either of the parties concerned for adjudication. The Tribunal shall direct the party raising the dispute to file a statement of claim with complete details along with relevant documents, list of supporting documents and witnesses within thirty days from the date on which application is filed. A copy of such statement may be sent to each of the opposite parties in the dispute.
(7) The Tribunal after ascertaining that the copies of statement of claim and other related documents are furnished to the other side by the party raising the dispute, the Tribunal shall fix the first hearing as soon as possible and within a period of one month from the date of receipt of the application. The opposite party or parties shall file their written statement together with supporting documents and the list thereof and list of witnesses, if any, within a period of thirty days from the date of first hearing and simultaneously forward a copy thereof to the opposite party or parties for service.
(8) Where the Tribunal finds that the party raising the dispute, despite its directions, did not forward the copy of the statement of claim and other documents to the opposite party or parties, it shall give directions to the concerned party to furnish the copy of the statement to the opposite party or parties, granting extension of fifteen days for filing the statement, if the Tribunal finds sufficient cause for not filing the statement of claim and other documents within time.
(9) Evidence shall be recorded either in Tribunal or may be filed on affidavit but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affidavit. Where the oral examination of each witness proceeds, the Tribunal shall make a memorandum of the substance of what is being deposed. While recording the oral evidence the Tribunal shall follow the procedure laid down in rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).
(10) On completion of evidence, arguments may be heard immediately or a date may be fixed for arguments, which shall not be beyond a period of fifteen days from the closure of evidence.
(11) The Tribunal shall not ordinarily grant an adjournment for a period exceeding a week at a time, but not in any case more than three adjournments in all, at the instance of the parties to the dispute, shall be granted: Provided that the Tribunal for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but not in any case more than three adjournments, at the instance of any one of the parties to the dispute, shall be granted.
(12) In case any party defaults or fails to appear at any stage, the Tribunal may proceed with the case ex-parte, and decide the application in the absence of the defaulting party:

Provided that the Tribunal may on the application of either party filed before the submission of the award, revoke the order that the case shall proceed ex- parte, if it is satisfied that the absence of the party was on justifiable grounds, and proceed further to decide the matter as contested.

(13) The Tribunal shall communicate its Award electronically to the parties concerned and the State Government and upload on the online portal within one month from the date of the pronouncement of the award.

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(14)The Tribunal may summon and examine any person whose evidence appears to it to be material for deciding the case and shall be deemed to be a civil court within the meaning of sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (1 of 1974).
(15)Where assessors are appointed to advise a Tribunal under sub-section (5) of section 49 in relation to proceeding before it, the Tribunal shall obtain the advice of such assessors, but such advice shall not be binding.
(16)A party in an award, who wants to obtain a copy of the award or other document, may obtain a copy of the award or other document after depositing the fee electronically in the Tribunal, as the case may be, in the following manner, namely :-
(a)Fee for obtaining a copy of an award or the document filed in any proceedings of Tribunal be charged at the rate of Rs. Two per page.
(b) For certifying a copy of any such award or order or document, a fee of Rs. Five per page shall be payable.
(c)Copying and certifying fees shall be payable electronically.
(d) Where a party applies for immediate delivery of a copy of any such award or document, an additional fee equal to one-half of the fee leviable under this rule shall be payable.
(17)The representatives of the parties appearing before a Tribunal shall have the right of examination, cross-examination and of addressing the Tribunal when evidence has been called.
(18) The proceedings before Tribunal shall be held in open court: Provided that the Tribunal may direct any proceeding before it to be held by video conferencing. Provided further that Tribunal may at any stage direct that any witness shall be examined or its proceedings be held in-camera.

Chapter VIII

STRIKES AND LOCK-OUTS

1. Number of persons by whom the notice of strike shall be given, the person or persons to whom such notice shall be given and the manner of giving such notice under sub-section (4) of section 62:-

The notice of strike referred to in sub-section (1) of section 62 shall be given to the employer of an industrial establishment in Form-XV which shall be duly signed by the Secretary and five elected representatives of the registered Trade Union relating to such industrial establishment endorsing the copy thereof electronically to the concerned conciliation officer of the district and Labour Commissioner, LESDE Department.

1. Manner of giving notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62:-
(1) The notice of lock-out referred to in sub-section (2) of section 62 shall be given by the employer of an industrial establishment in Form-XVI to the Secretary of every registered Trade Union relating to such industrial establishment endorsing a copy thereof to the concerned conciliation officer of the district and to the Labour Commissioner. The notice shall be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment.
(2) If the employer of an industrial establishment receives from any person employed by him any notice of strike as referred to in sub-section (1) of section 62 then he shall within five days from the date of receiving of such notice, intimate the same to the concerned conciliation officer of the district and to the Labour Commissioner.

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(3) If the employer gives to any person employed by him a notice of lock-out, then he shall within five days from the date of such notice, intimate the same to the concerned conciliation officer of the district and Labour Commissioner.

Chapter IX

LAY-OFF, RETRENCHMENT AND CLOUSURE

1. Manner of serving notice before retrenchment of the worker under clause (c) of section 70:- If any employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year under him then, such employer shall give notice of such retrenchment, in Form-XVII to the State Government, and the concerned authority of concerned areas notified by the State Government.
1. Manner of giving an opportunity for re-employment to the retrenched workers under section 72:-

Where any vacancy occurs in an industrial establishment and there are workers of such industrial establishment retrenched within one year prior to the proposal for filling up such vacancy, then, the employer of such industrial establishment shall offer an opportunity at least 10 days before by registered post or speed post and through e-mail to such retrenched workers who are citizens of India. If such workers give their willingness for employment then, the employer shall give them preference over other persons in filling up of such vacancy.

1. Manner of serving notice by the employer for intended closure under subsection (1) of section 74:-

If an employer intends to close down an industrial establishment he shall give notice of such closure in Form-XVII to the State Government and a copy thereof to the concerned authority of concerned areas notified by State Government by e-mail and registered post or speed post.

Chapter X

SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS

1. Manner of making application to the State Government by the employer for the intended lay- off and the manner of serving copy of such application to workers under sub- section (2) of section 78:-

An application for permission under sub-section (1) of section 78 shall be made by the employer in Form- XVIII stating clearly therein the reasons for the intended lay off and a copy of such application shall be served simultaneously to the worker concerned. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance of the industrial establishment.

1. Manner for applying for permission from the State Government to continue the lay-off under sub-section (3) of section 78:-

The employer shall in case of an industrial establishment being a mine specified in sub- section (3) of section 78 where the workers (other than Badli workers or casual workers) have been laid-off under sub-section (1) of section 78 for reasons of fire, flood or excess of inflammable gas or explosion, within a period of thirty days from the date of commencement of such lay-off, apply to the State Government in Form- XVIII electronically or by registered or speed post with a copy to the concerned authority of concerned areas notified by State Government for permission

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to continue the lay-off specifying the number of days; intimating the number of workers to be laid off, the total number of workers employed in the industrial establishment, the date of lay off and the reasons for continuation of such lay off.

1. Time-limit for review under sub-section (7) of section 78:-

The State Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub- section (4) of the section 78 within a period of thirty days from the date on which such order is made.

1. Manner of making application to the State Government by the employer for the intended retrenchment and manner of serving copy of such application to workers under sub-section (2)of section 79:-

An application for permission referred to in subsection (1) of section 79 shall be made by the employer in Form- XVIII stating clearly therein the reasons for the intended retrenchment and a copy of such application shall also be sent to workers electronically and by registered post or speed post. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment.

1. Time-limit for review under sub-section (6) of section 79:-

The State Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub- section (3) of section 79 within a period of thirty days from the date on which such orders is made.

1. Manner of making application to the State Government by the employer for intended closing down of an industrial establishment and the manner of serving copy of such application to the representatives of workers under sub-section (1) of section 80:-

An employer who intends to close down an industrial establishment to which Chapter X of the Code applies shall apply electronically in Form XVIII for prior permission at least ninety days before the date on which intended closure is to become effective to the State Government, stating clearly therein the reasons for the intended closure of the industrial establishment and simultaneously a copy of such application shall also be sent to the representatives of the workers electronically and by registered or speed post.

1. Time-limit for review under sub-section (5) of section 80:-

The State Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub- section (2) of section 80 within a period of thirty days from the date on which such order is made.

Chapter XI

WORKER RE-SKILLING FUND

1. Contribution from such other sources to be made to the worker re-skilling fund under clause (b) of sub-section (2) of section 83:-
(1) The State Government may contribute to worker re-skilling fund for the purpose of re- skilling of workers.
(2) The corporate bodies may contribute to the worker re-skilling fund as Corporate Social Responsibility.
(3) Any individual may contribute to re-skilling fund.

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1. Manner of utilization of fund under sub-section (3) of section 83:-

Every employer who has retrenched a worker or workers under this Code, shall, within ten days, at the time of retrenching a worker or workers shall transfer an amount equivalent to fifteen days of last drawn wages of such retrenched worker or workers in the account (name of the account shall be displayed on the website of the Labour Department) to be maintained by the State Government. The fund so received shall be transferred by the State Government to each worker or workers' account electronically within forty five days of receipt of funds from the employer and the worker shall utilize such amount for his re-skilling. The employer shall also submit the list containing the name of each worker retrenched the amount equivalent to fifteen days of wages last drawn in respect of each worker along with their bank account details to enable the State Government to transfer the amount in their respective account.

Chapter XII

OFFENCES AND PENALTIES

1. Manner of composition of offence by a Gazetted Officer specified under sub-section(1) of section 89 and the manner of making application for the compounding of an offence specified under sub-section (4) of section 89:-
(1) The officer notified by the State Government for the purposes of compounding of offences under subsection (1) of section 89 (hereinafter referred to as the compounding officer), shall in the offences in which prosecution is not instituted, if the compounding officer is of the opinion that any offence under the Code for which the compounding is permissible under section 89, he shall send a notice through electronically and registered and speed post to the accused in Form XIX consisting of three parts. In part I of such Form, the compounding officer shall interalia specify the name of the offender and his other particulars, the details of the offence and in which section the offence has been committed, the compounding amount required to be paid towards the compounding of the offence. Part II of the Form shall specify the consequences if the offence is not compounded and part III of the Form shall contain the application to be filed by the accused if he desires to compound the offence. Each notice shall have a continuous unique number containing alphabets or numeric and other details such as officer sending notice, year, place, type of inspection for the purpose of easy identification.
(2) The accused to whom the notice referred to in sub-rule (1) is served, may send the part III of the Form duly filled by him to the compounding officer electronically and deposit the compounding amount electronically, within fifteen days of the receipt of the notice, in the account specified by the compounding officer in the notice.
(3) Where the prosecution has already been instituted against the accused in the competent Court, he may make an application to the Court to compound the offence against him and the Court, after considering the application, may allow compounding of the offence by the compounding officer in accordance with provisions of section 89.
(4) If the accused ccmpllies with the requirement of sub-rule (2), the compounding officer shall compound the offence for the amount of money deposited by the accused and-
(a) if the offeniceis compounded before the prosecution, then no complaint for prosecution shall be i nstituted against the accused; and
(b) if the offenceis compounded after institution of prosecution under sub-rule (3)with the permission of the Court, then, the compounding officer shall treat the case as closed as if no prosecution had been launched and will proceed in accordance with compounding as under clause (a) and intimate the compounding of offence to the

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competent Court in which the prosecution is pending and after receiving such intimation, the Court shall discharge the accused and close the prosecution.

(5) The compounding officer shall exercise the powers to compound the offence under this rule, subject to the direction, control and supervision of the State Government.

Chapter XIII

MISCELLANEOUS

1. Protected workers under sub-section (3) and (4) of section 90:-
(1) Every registered Trade Union connected with an industrial establishment, to which the Code applies, shall communicate to the employer before the 30th April of every year, the names and addresses of such of the officers of the Union who are employed in that establishment and who, in the opinion of the Union should be recognised as protected workers. Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change. (2) The employer shall, subject to sub-section (3) and sub-section (4) of section 90, recognise such workers to be protected workers for the purposes of section 90 and communicate to the Union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workers recognised as protected workers for the period of twelve months from the date of such communication. (3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workers, admissible for the industrial establishment, under sub-section (4) of section 90, the employer shall recognise as protected workers only such maximum number of workers: Provided that where there is more than one registered Trade Union in the industrial establishment, the maximum number shall be so distributed by the employer among the Unions that the numbers of recognised protected workers in individual Unions bear practicably by the same proportion to one another as the membership figures of the Unions. The employer shall in that case intimate in writing to the President or the Secretary of the each concerned Union the number of protected workers allotted to it: Provided further that where the number of protected workers allotted to a Union under this sub-rule falls short of the number of officers of the Union seeking protection, the union shall be entitled to select the officers to be recognised as protected workers. Such selection shall be made by the Union and communicated to the employer within five days of the receipt of the employer's letter in this regard. (4) When a dispute arises between an employer and any registered Trade Union in any matter connected with the recognition of 'protected workers' under this rule, the dispute shall be referred to Registrar or any authority notified by the State Government whose decision thereon shall be final.

Manner of making complaint by an aggrieved worker under section 91:- (1) Every complaint under section 91 of the Code shall be made electronically in Form-XIV

and shall be accompanied by as many copies as there are opposite parties mentioned in the complaint.
(2) Every complaint under sub-rule (1) shall be verified by the worker making the complaint or by authorized representative of the worker proved to the satisfaction of the conciliation officer, arbitrator, Tribunal or the Industrial Tribunal, as the case may be, to be acquainted with the facts of the case.

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1. Manner of authorization of worker for representing in any proceeding under sub-section(1) of section 94:-

Where the worker is not a member of any Trade Union, then, any member of the executive or other office-bearer of any Trade Union connected with or by any other worker employed in the industry in which the worker is employed may be authorized by such worker to represent him in any proceeding under the Code relating to a dispute in which the worker is a party in Form-XII.

1. Manner of authorization of employer for representing in any proceeding under sub-section (2) of Section 94:-

Where the employer, is not a member of any association of employers, may authorize in Form-XII an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged to represent him in any proceeding under the Code relating to a dispute in which the employer is a party.

1. Manner of holding an enquiry under sub-section (1) of section 85.- (1) Complaint.- On receipt of a complaint of the offence committed under sub-sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the same shall be enquired by an officer having rank equivalent to the level of Under-Secretary of Government of India or above as notified by the State Government under sub-section(1) of section 85 (hereinafter referred to as the enquiry officer).
(2) Issue of Notice.- If the complaint filed is admitted by the Enquiry officer, he shall call upon the person or persons through a notice to be sent electronically and a copy of the same to be posted on Online Portal to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the complainant of the date so specified.
(3) If the person or his representative fails to appear on the specified date, the Enquiry Officer may proceed to hear and determine the complaint ex-parte.
(4) If the complainant fails to appear on the specified date without any intimation to the Enquiry officer on two consecutive dates, the complaint may be dismissed. Provided that not more than three adjournments may be given on the joint application made by complainant and the opposite party.

Provided further that the enquiry officers shall at his discretion permit hearing the parties or any of the party, as the case may be, through video conferencing.

(5) Authorisation.- The authorisation to appear on behalf of any person, under section sub- section (2) of section 85 shall be given by a certificate or electronic certificate, as the case may be, which shall be presented to the Enquiry Officer during the hearing of the complaint and shall Form part of the record.
(6) Permission to appear.- Any person who intends to appear in the proceeding on behalf of complainant shall present before the Enquiry Officer and submit a brief written statement explaining the reason for his appearance. The Enquiry officer shall record an order on the statement and in the case of refusal shall include reasons for the same, and incorporate it in the record.
(7) Presentation of documents.- Complaint or other documents relevant to the complaint may be presented in person to the Enquiry Officer at any time during hours fixed by the Enquiry Officer, or may be sent to him electronically or by registered post or speed post.
(8) The Enquiry Officer shall endorse, or cause to be endorsed, on each document the date of the presentation or receipt, as the case may be. If the documents have been submitted electronically, no such endorsement shall be necessary.
(9) Refusal to entertain complaint.-

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(i) The Enquiry Officer may refuse to entertain a complaint presented under sub-section (1) of section 85 if after giving the complainant an opportunity of being heard, the Enquiry Officer is satisfied, for reasons to be recorded in writing that--
(a) The complainant is not entitled to present the complaint; or
(b) The complainant is barred by limitation under the provisions of this Code
(c) The complainant fails to comply the directions given by the Enquiry Officer under sub-section (2) of section 85.
(ii) The Enquiry Officer may refuse to entertain complaint which is otherwise incomplete. He may ask complainant to rectify the defects and if the Enquiry Officer thinks that the complaint cannot be rectified he may return the complaint indicating the defects and, if he, so refuses shall return it at once indicating the defects. If the complaint is presented again, after the defects have been rectified, the date of representation shall be deemed to be the date of presentation for the purpose of sub-section (1) of section 85.
(10) Record of proceedings.- The Enquiry Officer shall in all cases mention the particulars at the time of passing of order containing the details, i.e., date of complaint, name and address of the complainant, name and address of the opposite party or parties, section-wise details of the offence committed, plea of the opposite party, findings and brief statement of the reason and penalty imposed with signature, date and place.
(11) Exercise of powers.- In exercise of the powers of a Civil Court, conferred under the Code of Civil Procedure, 1908, the Enquiry Officer shall be guided in respect of procedure by relevant orders of the First Schedule of the Code of Civil Procedure, 1908, with such alterations as the Enquiry Officer may find necessary, not affecting their substance, for adapting them to the matter before him, and save where they conflict with the express provisions of this Code or these rules.
(12) Order or direction when to be made.- The Enquiry Officer, after the case has been heard, shall make the order or direction on a future date to be fixed for this purpose.
(13) Inspection of documents.- Any person, who is either a complainant or an opposite party or his representative, or any person permitted under sub-rule (3) shall be entitled to inspect any complaint, or any other document filed with the Enquiry Officer be, in a case to which he is a party.
1. Submission of a copy each of the Form to the office of Director General, Labour Bureau under clause (zzf) of sub-section 2 of section 99:-

A copy each of Form XV (notice of strike), Form XVI (notice of lockout), Form XVII (notice of lockout). (notice for intimation of retrenchment or closure to the State Government), Form XVII (Application for permission of lay-off or retrenchment or closure). for permission of lay-off or retrenchment or closure), and Form XIX (compounding of offences), shall be shared electronically with Director General, Labour Bureau in auto-mode.

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Form-I

(See Rule 3)

(ivsbfA to not)

(Memorandum of settlement arrived at during conciliation/ or settlement arrived at

between the employer and his workers otherwise than in the course of conciliation proceeding)

Ex-304/2023 -26- FORM-III (See rule-10) (Form of Affidavit) I, S/OSh. Age yrs. R/o do hereby solemnly affirm and declare as under: -

That I am the elected /designated..... (post) of (Name of Trade Union) with its Head Office situated at (Address of Trade Union).
That to the best of my knowledge and belief no Union / Association by the name of " Union (Name of Union)" is registered in Bihar or anywhere in India.
That in case of any legitimate claimant of union's name, we will surrender the certificate and change name of the union as per directions of the Registrar Trade Unions, Bihar.
That no member or office bearer has ever been convicted by Courts of India for any offence involving moral turpitude and sentenced to imprisonment.
That all particulars supplied as per Forms and Schedules as well as other documents are true.
That the scope of the Union shall be for the employees of (Name of Establishment)
That there are employees are working in (Name of Establishment) and out of which employees are members of our union.
That I shall furnish such other documents and/or information as required by the Registrar for the purpose of this application.
That this is my true statement and it conceals nothing and that no part of it is false.
That the authority shall be at liberty to take appropriate action against me if any information/ document furnished is found to be false, frivolous or incorrect.
That the list of Trade Union Member along with attested Aadhar Number for verification is appended with the affidavit and no member has been compelled or force to share the Aadhar. DEPONENT Verification:- Verified at (Place)on (Date)that the contents of the above affidavit are true and correct to the best of my knowledge and belief.

Deponent.

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FORM-IV

(See rule -11)

(Statement of Assets and Liabilities) SCHEDULE III

Statement of Liabilities and Assets on the ..... day of ..... 20..... [This need not be filled in if the Union came into existence less than one year before the date of application] for registration.]

| Liability | Rs. P. | Assets | Rs. | | --- | --- | --- | --- | | Amount of general fund Amount of political fund Loans from Other liabilities (to be specified) Total liabilities | | Cash In hands of Treasurer In hands of Secretary In hands of ................. In the .................Bank In the .................Bank | | | | | Securities as per list below Unpaid subscriptions due Loans to..................... Immoveable property........ | | | | | Goods and furniture ............ Other assets (to be specified) Total Assets | |

| List of Securities | | | | | --- | --- | --- | --- | | Particulars | Nominal value | Market Value | In hands of | | | | | | | Signed: | | | | | 1 | | | | | 2 | | | | | 3 | | | | | 4 | | | | | 5 | | | | | 6 | | | | | 7 | | | |

FORM-V

(See rule 12) Application for Registration of Trade Union.

Dated the.....

day of 20.....

1. We hereby apply for the registration of a trade union under the name of
1. The address of the head office of the union is
1. The union came into existence on the ..... day of ..... 20.....
1. The union is a union of employer/ workers engaged in the industry (or profession).
1. Every application for registration of a Trade Union shall be made to the Registrar electronically. or otherwise and be accompanied by—*

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Text

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(a) a declaration to be made by an affidavit in such Form and manner as may be prescribed;

(b) copy of the rules of the Trade Union together with a copy of the resolution by the members of the Trade Union adopting such rules;
(c) a copy of the resolution adopted by the members of the Trade Union authorising the applicants to make an application for registration; and
(d) in the case of a Trade Union, being a federation or a central organisation of Trade Unions, a copy of the resolution adopted by the members of each of the member Trade Unions, meeting separately, agreeing to constitute a federation or a central organisation of Trade Unions.
(e) list of all members of Trade Union along with.
6. We have been duly authorized to make this application by**

| | Signature | Occupation | | --- | --- | --- | | Signed | | | | 1 | | | | 2 | | | | 3 | | | | 4 | | | | 5 | | | | 6 | | | | 7 | | | | * Explanation. — For the purposes of this clause, resolution adopted by the members of the Trade Union means, in the case of a Trade Union, being a federation or a central organization of Trade Unions, the resolution adopted by the members of each of the member Trade Unions, meeting separately. ** State here whether the authority was given by a resolution of a general meeting of the union, or if not, in what other way it was given. FORM VI. (See rule 12) CERTIFICATE OF REGISTRATION OF TRADE UNION. No........................ It is hereby certificate that the ........................, has been registered under the Industrial Relation Code, 20........... this day of .................... 20..... | | |

Seal. to sma 19bnu noim abm to noimigor sh ol yqqs yderod w ai noinn su to soito basd su to zssibbs onT

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FORM-VI(A)

(See rule 15)

Notice of the Dissolution or amendment in rules of a Trade Union

Name of Trade Union : Registration number : Dated the day of 20

To,

The Registrar of Trade Unions, Mizoram

Notice is hereby given that the above-mentioned trade Union was dissolved in pursuance of the Rules thereof on the day of 20. Or

Notice is hereby given that the following rules of the trade union given under Schedule I are proposed to be amended in pursuance of the rules thereof on the ..... Day of ..... 20.

We have been duly authorized by the union to forward this notice on its behalf, such authorization consisting of a resolution passed at a general meeting on the * ..... Day of 20....., copy of which is enclosed.

(Signed) 1.

*Here insert the date, or, if there was no such resolution, state I n which other way the authorization was given.

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Schedule I

AMENDMENT IN RULES

The amendment in the rules for the matters detailed in column (1) and (2) are given in column (3) as follows:-

| | Matter | Original | Amendment | | --- | --- | --- | --- | | | (1) | Rules(2) | proposed (3) | | 1 | Name of Union | | | | 2 | Trade whole of the object for which the union has been established | | | | 3 | The whole of the purposes for which the general funds of the union shall be applicable | | | | 4 | The maintenance of a list of members | | | | 5 | The facilities provided for the inspection of the list of members by officers and members | | | | 6 | The admission of ordinary members | | | | 7 | The admission of honorary or temporary members | | | | 8 | The conditions under which members are entitled to benefits assured by the Rules | | | | 9 | The conditions under which fines or forfeitures can be imposed or varied | | | | 10 | The manner in which the Rules shall be amended, varied or rescinded | | | | 11 | The manner in which the members of the executive and the other officers of the union shall be appointed and removed | | | | 12 | The safe custody of the funds. | | |

Signature of the Applicant(s)

FORM VII

[See rule 13(1)]

1. Serial number.
1. Date of registration.
1. (a) Name of the members making the application. (b)Occupations of members making the application.
(c) Addresses of the members making the application.
1. Name of trade Union.
1. Address of the head office of trade Union.
1. Date of establishment of Trade Union.

| | of establishment of Trade Union. | | --- | --- | | 7. | Officers of Trade Union- Title Name Age Occupation Address | | 8. | Signature of the Registrar. | | 9. | (a) Whether provision has been made for |

1. (a) Whether provision has been made for a separate fund under section 16 and, if so, from what date. (b) initial of the Registrar.
1. (a) Date of intimation for alteration of rules
(b) Date of Registration of alteration of rules and its notification to the Secretary of the Trade Union. (c) Initials of the Registrar,
1. (a) Date of registration of change of address of registered office.

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(b) Address of the Trade Union as changed.
(c) If the changed address is in another State whether extracts of registration sent to the Registrar of the other province.
(d) Initial of the Registrar.
1. (a) Date of registration of change of name.
(b) Name of the Trade Union as changed.
(c) Initials of The Registrar.
1. (a) Date registration of amalgamation.
(b) Name of the amalgamated union.
(c) Registration number of the amalgamated Union.
(d) Initials of the Registrar.
1. (a) Date of application for cancellation of registration under section 9(5)(i).
(b) Date of giving notice for cancellation or withdrawal under proviso of section 9(5)(iii).
(c) Date of issue of order withdrawing or cancelling registration.
(d) Initials of the registrar.
1. (a) (1) Names of the members applying for dissolution.
(2) Occupation of the members applying for dissolution.
(3) Address of the members applying for dissolution.
(b) Date of registration of dissolution and issue of certificate to that effect.
(c) Number and date of Registrar's proceedings ordering distribution of fund under section 25(2) if any.
(d) Initials of the Registrar.

FORM VIII

(See rule 20)

(Application to be submitted before the Tribunal in the matter not settled) by the Conciliation Officer)

Before ..... (here mention the name of the Tribunal having jurisdiction over the area) In the matter of:

Applicant

Address

Versus

Opposite party (ies)

Address

The abovementioned applicant begs to state as follows: - (Here set out the relevant facts and circumstances of the case).

The applicant prays that the instant dispute may please be admitted for adjudication and request to pass appropriate Award.

Date ..... Place .....

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FORM IX.

(See rule 23).

PART A.

Annual returns prescribed under section 26 of the Industrial Relation Code, 2020 for the year ending 31st July, 20....

1. Name of the union
1. Address of the union
1. Registered Head office
1. Number and date of certificate of registration
1. Classification of Industry to be shown as per schedule of industries attached. Dated, the .....
1. Classification of industry (to be shown to which of the following four categories the Union belongs :-
(a) Public Sector - Central Sphere;
(b) Public Sector - State Sphere;
(c) Private Sector - Central Sphere; and
(d) Private Sector - State Sphere).
1. Name of the All-India Body/ Federation to which affiliated.
1. Affiliation Number.
1. Affiliation fee paid during the year.
1. Number and date of receipt for payment of affiliation fee.
1. Membership fee per month
1. No. of members on books at the beginning of the year.
1. No of members admitted during the year.
1. No. of members who left during the year.

| 15. | No. of members on book at the end of the year (i.e., 03 31st march 19)- | | | --- | --- | --- | | | Male | - .............................. | | | Female | - .............................. |

| Total | - .................................... | | --- | --- |

1. No. of member contributing to political Fund.
1. No. of members who paid their subscription for the whole year.
1. A copy of the rules of the Trade Union corrected up to the date of dispatch of this return is appended.
1. Part B of return has been duly completed.

Secretary

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PART B

Statement of Liabilities and Assets on the 31st day of July 20.........

| Other liabilities (to be specified) | Immovable Property | | --- | --- | | | Good and furniture | | | Other assets (to be specified) |

| Liabilities | Rs. | P. | Assects- | Rs. | P. | | --- | --- | --- | --- | --- | --- | | Amount of General Fund | | | Cash- | | | | Amount of Political Fund | | | In hands of Treasurer | | | | Loans from | | | In hands of Secretary | | | | | | | In hands of- | | | | | | | In the ......... Bank | | | | | | | In the ......... Bank | | | | | | | Securities as per list | | | | | | | Below-Unpaid subscription due for- | | | | Debts due to | | | *(a) the year | | | | | | | *(b) previous yearLoans to- | | | | | | | | | | | | | | *(a) Officers | | | | | | | *(b) Members | | | | | | | *(c) Other | | | | Total assets ............. | | | | | |

Total liabilities List of Securities.

| Particulars | Face value. | Cost price. | Market price at date on which accounts have been made up. | In hand of. | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | | | Rs. | Rs. | Rs. | | | | | | | |

Office appointed

Treasurer.

| Name | Date of Birth | Private address | Personal occupation | Title of position held in Union | Date on which appointment in column 5 was taken up | Other office held in addition to membership of executive date | | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | |

Elections.

Date of last election of office-bearers

Date of next election of office bearers

Secretary

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FORM-X

[See rule 34(i)]

(Notice of change of service conditions proposed by an employer)

Name of employer Address Dated the day of.....20.....

In accordance with section 40(1) of Industrial Relation code I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from in the conditions of service applicable to workers in respect of the matters specified in the Third Schedule to this code.

Signature.....

Designation.....

ANNEXURE

(Here specify the change/changes intended to be effected)

Copy forwarded to:

1. The Secretary of registered Trade Union, if any.
1. Registrar Trade union.

FORM-XI

(Agreement for voluntary arbitration) [See rule 35 (1)]

BETWEEN

Name of the parties representing employer (s) And

Representing worker

It is hereby agreed between the parties to refer the following dispute to the arbitration of [here specify the name(s) and address(es) of the arbitrator (s).

(i) Specific matters in dispute.
Details of the parties to the dispute including the name and address of the establishment or undertaking involved.
(iii) Name of the worker in case he himself is involved in the dispute or the name of the union, if any, representing the worker or workers in question.
(iv) Total number of workers employed in the undertaking affected.
(v) Estimated number of workers affected or likely to be affected by the dispute. *We further agree that the majority decision of the arbitrators) shall be binding on us in case the arbitrator(s) are equally divided in their opinion they shall appoint another person as umpire whose award shall be binding on us.

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The arbitrator(s) shall make his (their) award within a period of..... (Here specify the period agreed upon by the parties) from the date of publication of this agreement in the Official Gazette by the central Government or within such further time as is extended by mutual agreement between us in writing.

In case, the award is not made within the period afore mentioned, the reference to the arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitrator.

Signature of the parties Representing employer / Representing worker / workers.

Witnesses 1 2

Copy to: (i) The Conciliation Officer [here enter office address of the Conciliation Officer for the area concerned].

(ii) The Labour Commissioner, LESDE Department.

FORM-XII

(See rules 37, 58, 59)

(Authorization by a worker, group of worker, employer, group of employer to be represented in a proceeding before the authority under this Code). Before the Authority

(Here mention the authority concerned)

In the matter of: (mention the name of the proceeding) workers Versus I/we hereby authorise Shri / Smt (if representatives are more than one)

1.....2.....3.....to represent me/us in the above matter.

Dated this.....day of .....20.....

Signature of person(s)nominating the representative(s) Address Accepted

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FORM-XIII

[See rule 38 (19) and 39 (20)]

Form of Oath of Office for Judicial Member or Administrative Member (whichever is applicable)

of Industrial Tribunal

I..... having been appointed as Judicial Member/Administrative Member (whichever is applicable) of I Industrial Tribunal (Name of the Tribunal) do solemnly affirm/ do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Judicial Member/Administrative Member of Industrial Tribunal (Name of the Tribunal) to the best of my ability, knowledge and judgment, without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws of the land.

Place: Date:

FORM-XIV

[See rule 40 (5)] (Complaint under Section 91 of the Industrial Relation Code, 2020)

Before the Conciliation officer/ Arbitrator/ Tribunal or, National Tribunal In the matter of: ..... Reference No .....

A..... Complainant(s); Versus B.....Opposite Party(ies);

Address:

The petitioner(s) begs/beg to complain that the Opposite Party(ies) has/have been guilty of a contravention of the provisions of section 90 of the Industrial Relation code, as shown below:

(Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act of the management is challenged.) The complainant(s) accordingly prays/pray that the Conciliation officer/ Arbitrator/ Industrial Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper. The number of copies of the complaint and its annexure required under rule 91 of the Industrial Relation Code are submitted herewith.

Dated this..... day of ..... 20 .....Signature of the Complainant(s) Verification I do solemnly declare that what is stated in paragraph ..... above is true to my knowledge and that what is stated in paragraphs ..... above is stated upon information received and believed by me to be true. This verification is signed by me at ..... on

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Visible Object

The object looks somewhat like a rounded or oval white device or component.
There is a dark circular or oval area near its center or upper surface.
A thin dark line or cable-like shape appears to extend from one side.

Form-XV

[See rule 41 and 61]

(Notice of Strike to be given by Union (Name of Union)/ Group of Workers)

Name of five elected representatives of workers ..... Dated the ..... day of .....20 .....

(The name of the employer).

Dear Sir/Sirs,

In accordance with the provisions contained in sub-section (1) of section 62 of the Industrial Relation code I/We hereby give you notice that I propose to call a strike / we propose to go on strike on 20.....for the reasons explained in the annexure.

Yours faithfully, (Secretary of the Union)

Five representatives of the workers duly elected at a meeting held on (date), vide resolution attached.]

Copy to;

1. DLEO of the concerned area.
1. Labour Commissioner, Mizoram

ANNEXURE

Statement of the Case.

FORM-XVI

[See rule 42 (1) and 61]

(Notice of Lock-out to be given by an employer of an industrial establishment)

Name of employer ..... Address ..... Dated the ..... day of ..... 20 .....

In accordance with the provisions of 62(6) of this code, I/we hereby give notice to all concerned that it is my/our intention to effect lock out in....., department(s), section(s) of my/our establishment with effect from ..... for the reasons explained in the annexure.

Signature..... Designation.....

ANNEXURE

| 1 | Statement of reasons | | --- | --- | | Copy forwarded to: (1) The Secretary of the Registered Union, if any (2) Conciliation officer of the concerned area. (3) Labour Commissioner, Mizoram | |

To the office of DG Labour Bureau

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Form-XVII

(See Rules 43, 45 and 61)

(Notice of Intimation of Retrenchment/ Closure to be given by an employer tothe State Government under the provisions of Chapter IX of the Industrial Relations Code, 2020 and rules made there under)

(To be submitted online. In case of exigencies, on paper in the prescribed Format below)

Name of Industrial Establishment /Undertaking/ Employer................................................................
Labour Identification Number/ Registration Number ................................. Dated ........................
(Note: The intimation for Closure/Retrenchment to the appropriate government shall be served 60 days
and 30 days before commencement of Closure/Retrenchment respectively)

To,

The Labour Commissioner LESDE Department, Mizoram

1.(Retrenchment)(a)Under Section 70(C)of this Code, I/ we hereby intimate you that I*/we*have decided to retrench ..... workers** out of a total of..... Workers** with effect from ..... (DD/MM/YYYY)

(Closure)(b)Under Section 74(1)of this Code, I/ wehereby intimate you that I*/we* have decided to close down, ..... (name of the industrial establishment or undertaking)with effect from.....(DD/MM/YYYY). The number of workers whose services would be terminated on account of the closure of the undertaking is ..... (number of workers)

1. The reason for Retrenchment / Closure is.....
1. - The worker(s)* concerned were given on the ..... (DD/MM/YYYY) one month's notice in writing as required under section 70(a)/ section 75(1) of this Code.

The worker(s) concerned have been given on the ..... (DD/MM/YYYY) one month's pay in lieu of the notice as required under section 70(a)/ section 75(1) of this Code.

1. 1/We* hereby declare that the worker(s) concerned have been*/will be* paid all their dues along with the compensation due to them under section 70*/ section 75* of this Code before or on the expiry of the notice period.

I/Wehereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/Employer, and that I*/we* will pay all the dues along with the compensation due to them under concerned laws.

1. (Retrenchment) I/we* hereby declare that the worker(s) concerned have been* / will be*
1. I*/ we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have been Annexed.
1. I*/ we* hereby declare that the above information given by me*/us* in this notice and the Annexures is true, I*/we* am*/ are* solely responsible for its accuracy and no facts/ materials has been suppressed in the matter.

Yours faithfully, (Name of Employer/ ***Authorized Representative with Seal)

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(* Strike off which is not applicable.)

(** Indicate number in figures and words both) (**Copy of Authorization letter issued by the employer shall be enclosed)

Copy to:

(1) To the Office of DG Labour Bureau, Ministry of Labour and Employment, (Only for statistical purpose.)
(2) Labour Commissioner of the concerned area.
(3) To the Registered Unions/ Authorised Representatives of Workers operating in the establishments or undertakings.

FORM-XVIII

[See rule 46, 47, 49 and 51]

[Application for permission of Lay-off/ Continuation of Lay-off/ Retrenchment/

Closure to be given by an employer / Industrial establishment /Undertaking to the State Government under the provisions of Chapter X of the Industrial Relations Code, 2020 and rules made there under]

(To be submitted online. In case of exigencies on paper in the prescribed Format below)

Name of Industrial Establishment or Undertaking or Employer ..... Labour Identification Number ..... Dated .....

(Note: The application to the Central Government shall be served as indicated below: Lay-off: at least 15 days before the intended Lay-off Continuation of Lay-off - at least 15 days before the expiry of earlier Lay-off Retrenchment - at least 60 days before the intended date of Retrenchment Closure - at least 90 days before the intended date of Closure)

To,

The Labour Commissioner LESDE Department, Mizoram

(Lay-off) (a). Under section 78(2) of the Industrial Relations Code, 2020, 1/we* hereby apply for —permission to lay-off workers** out of total of workers** employed in my*/our* establishment (details to be given in Annex-I) with effect from

(DD/MM/YYYY).

(Continuation of lay-off) (b) Under section 78(3) of the Industrial Relations Code, 2020, I/we* hereby apply for permission to continue the Lay-off workers** out of total of laid off workers** in my*/our* establishment (details to be given in Annex-I) with effect from ..... (DD/MM/YYYY).

(Retrenchment) (c) Under section 79(2) of the Industrial Relations Code, 2020, I/we* hereby apply for permission for intended retrenchment of workers out of total of workers** employed in my*/our* establishment (details to be given in Annex-I) with effect from ..... (DD/MM/YYYY).

Ex-304/2023

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(Closure)(d)Under section 80(1) of the Industrial Relations Code, 2020, I/we hereby inForm you thatI / ^ { * } / w e ^ { * } intended to close down the undertaking..... (name of the industrial establishment or undertaking or employer)(details to be given in Annex-1) with effect from..... (DD/MM/YYYY). The number of workers whose services would be terminated on account of the closure of the undertaking is.....(number of workers)

2.(Lay-off/Continuation of Lay-off) The worker(s) concerned were given on..... (DD/MM/YYYY) notice in writing as required under section 78(2)/section 78(3) of this Code.

(Retrenchment/ Closure) The worker(s) concerned were given on..... (DD/MM/YYYY) one month's notice in writing as required under section 79/ section 80* of this Code.

(Retrenchment/ Closure) The worker(s) have been given on.....(DD/MM/YYYY) one month's pay in lieu of notice as required under section 79/ section 80* of this Code.

The details of affected worker(s) is at Annexure II.
(Retrenchment)I / ^ { * } / w e ^ { * } hereby declare that the workers concerned will be retrenched in compliance to the Section 71 and section 72 of this Code.
I/We hereby declare that the worker(s) concerned have been*/will be* paid all the dues and compensation due to them under section 67, read with section 78(10)/ section 79/ section 80* of this Code before or on the expiry of the notice period.

*I/We hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/Employer, and that I / ^ { * } / w e ^ { * } will pay all the dues along with the compensation due to them under concerned laws.

I/ we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have been Annexed.
I/ we hereby declare that the above information given by me/ us* in this notice and enclosures is/are* true, I/we am/ are solely responsible for its accuracy and no facts/ materials has been suppressed in the matter.

The permission sought for may please be granted.

(* Strike off which is not applicable.)

Yours faithfully, (Name of Employer/**Authorised Representative with Seal)

(** Indicate number in figures and word both)

(**Copy of Authorization letter issued by the employer shall be enclosed)

Ex-304/2023

-41-

ANNEXURE I

(Please give replies against each item)

1 Name of the undertaking with complete postal address, email, mobile and land line. To be annexed
2 Status of undertaking— (i) Whether Central public sector/State public sector/etc, (ii) Whether a private limited company/ partnership firm/partnership firm (ii) Whether the undertaking is Licensed/registered and if so, name of licensing/ registration authority and licence/registration certificate numbers.
3 (a) MCA Number (b) GSTN Number
4 (i) Annual production, item wise for preceding three years (ii) Production figures, month-wise, for the preceding twelve months,
5 Audit report of establishment/ undertaking including Balance sheets, profit and loss accounts for the last three years.
6 Names of the inter-connected companies or companies under the same management.
7 Details of lay-off/ Retrenchment resorted to in the last three years including the periods of such lay-offs/ Retrenchment the number of workmen involved in each such lay-off/ Retrenchment / continuation of lay off
8 Any other relevant details which have bearing on lay-off/ continuation of lay off/Retrenchment /closure.

ANNEXURE II

(Details of affected workers)

| Sl. No. | UAN/ CMPFO | Name of the Workers | Categories (Highly Skilled/ Skilled / Semi- skilled / Unskilled) | Date from which in service in/ with the said establishment/ Undertaking/ Employer | Wage as on date of Application | Remark | | --- | --- | --- | --- | --- | --- | --- | | 1 | | | | | | | | 2 | | | | | | | | 3 | | | | | | |

-42-

Ex-304/2023

FORM -XIX

(See rule 55)

Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under sub-section (4) of section 89,

The undersigned and the Compounding Officer under sub-section 1 of section 89 of the Industrial Relation Code, 2020 hereby intimates that the allegation has been made against you for committing offence for the violation of various provision of this Code as per the details given below;-

PART-I

| 1. | Name and Address of the offender Employer- ................................................................. | | --- | --- | | 2. | Address of the Establishment ................................................................................. | | 4. | Particulars of the offence ..................................................................................... | | 5. | Section of the Code under which the offence is committed ................................................. | | 6. | Compounding amount required to be paid towards composition of the offence ............................ |

PART-II

You are advised to deposit the above mentioned amount within fifteen days from the date of issue of this notice for compounding the offence as per section 89 (1) of the Industrial Relation Code, 2020, along with an application dully filled in part - III of this notice. In case you fail to deposit the said amount within the specified time, no further opportunity shall be given and necessary direction for filing of prosecution under section shall be issued.

Date:

Place:

(Signature of the Compounding Officer)

PART-III

Application under sub-section (4) of section 89 for compounding of offence

Name of applicant (name of the employer who committed the offence under the Industrial Relation Code 2020 to be mentioned .....
Address of the applicant .....
Particulars of the offence .....
Section of the Code under which the offence has been committed .....
Details of the compounding amount deposited (electronically generated receipt to be attached)
Details of the prosecution, if filed for the violation of above mentioned offences may be given .....
Whether the offence is first offence or the applicant had committed any other offence prior to this offence, if committed, then, full details of the offence .....
Any other information which the applicant desires to provide Applicant (Name and signature) Dated: Place:

Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

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Mizoram Industrial Relations Code Rules

Full rule text

Table

The Mizoram Gazette

NOTIFICATION

CHAPTER-I

2. Definition:-

Chapter II

5. Manner of choosing members from the employers and the workers for Grievance Redressal

Table Summary

Chapter III

-9-

CHAPTER-V

Chapter VI

Explanation:-

CHAPTER-VII

MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTE

Chapter VIII

Chapter IX

Chapter X

Chapter XI

Chapter XII

Chapter XIII

Form-I

(ivsbfA to not)

FORM-IV

(See rule -11)

FORM-V

Text

Ex-304/2023

FORM-VI(A)

Notice of the Dissolution or amendment in rules of a Trade Union

Schedule I

FORM VII

[See rule 13(1)]

FORM VIII

FORM IX.

PART A.

PART B

FORM-X

[See rule 34(i)]

ANNEXURE

FORM-XI

BETWEEN

FORM-XII

FORM-XIII

Form of Oath of Office for Judicial Member or Administrative Member (whichever is applicable)

FORM-XIV

Visible Object

Form-XV

[See rule 41 and 61]

ANNEXURE

FORM-XVI

[See rule 42 (1) and 61]

ANNEXURE

Form-XVII

FORM-XVIII

[See rule 46, 47, 49 and 51]

[Application for permission of Lay-off/ Continuation of Lay-off/ Retrenchment/

ANNEXURE I

ANNEXURE II

FORM -XIX

PART-I

PART-II

PART-III

Official gazette PDF