Industrial Relations Act, 1946

Making of employment regulation orders.

43.—(1) Where the Court receives from a joint labour committee proposals under subsection (1) or subsection (2) of section 42 of this Act or under both those subsections, the Court shall consider them and thereupon the following provisions shall have effect—

(a) the Court may, if it thinks fit, refer the proposals back to the committee with such observations thereon as the Court thinks proper, and in that case, the committee shall reconsider the proposals having regard to such observations and may, if it thinks fit, re-submit the proposals to the Court either without amendment or with such amendments as it thinks fit having regard to those observations;

(b) if the Court does not so refer the proposals back to the committee or, having so referred them back, the committee re-submit them to the Court with or without amendment, the Court shall publish in the prescribed manner a notice setting out—

(i) that the proposals have been submitted,

(ii) the place where copies of the proposals may be obtained, and

(iii) that representations with respect to the proposals may be made to the committee within the period of thirty days after the date of such publication;

(c) where the said notice is published and any representations with respect to the proposals are made to the committee within the said period, the committee shall consider the representations and may, if it thinks fit, re-submit the proposals with or without amendment to the Court;

(d) where the said notice is published and either no representations are so made within the said period or the committee re-submits the proposals under paragraph (c) of this subsection, the Court may, as it thinks fit, either make an order giving effect to the proposals as from such date (subsequent to the date of the order) as the Court thinks proper and specifies in the order or refuse to make an order.

(2) As soon as the Court makes an employment regulation order, it shall publish notice of the making of the order and the contents thereof in the prescribed manner.

(3) An employment regulation order shall not prejudice any rights as to rates of remuneration or conditions of employment conferred on any worker by another Part of this Act or by any other Act.

(4) An employment regulation order may amend or revoke any previous employment regulation order.

(5) An employment regulation order may contain different provisions for different descriptions of workers.