INDUSTRIAL DISPUTES (WEST BENGAL AMENDMENT) ACT, 2016

Act No.21 of 2016

12th September, 2017

An Act to amend the Industrial Disputes Act, 1947, in its application to the State of West Bengal. Whereas it is expedient to amend the Industrial Disputes Act, 1947 (14 of 1947), in its application to the State of West Bengal, for the purposes and in the mariner hereinafter appearing; It is hereby enacted in the Sixty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:--

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S.1 Short title and Commencement

(1) This Act may be called the Industrial Disputes (West Bengal Amendment) Act, 2016.
(2) It shall come into force on the date of its publication in the Official Gazette.

S.2 Application of the Act

The Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act) shall in its application to West Bengal, be amended for the purposes and in the manner hereinafter provided.

S.3 Amendment of section 7 of Act 14 of 1947

In sub-section (3) of section 7 of the principal Act,--

after clause (g), the following clause shall be inserted:--

"(h) he is an officer of the West Bengal Legal Service with sixteen years' experience in that service.".

S.4 Amendment of section 7A

In sub-section (3) of section 7A of the principal Act,--

(i) in clause (c), for the words 'in the grade.', the words 'in the grade; or' shall be substituted;
(ii) after clause (c), the following clause shall be inserted:-- "(d) he is an officer of the West Bengal Legal Service with sixteen years' experience in that service.".

S.5 Amendment of section 25U

In section 25U of the principal Act, for the words "one thousand rupees", the words "twenty-five thousand rupees" shall be substituted.

S.6 Amendment of section 26

In sub-section (2) of section 26 of the principal Act, for the words "one thousand rupees", the words "ten thousand rupees" shall be substituted.

S.7 Substitution of new section for section 29

For section 29 of the principal Act, the following section shall be substituted:--

29. "Penalty for breach of settlement or award.- Any person who commits a breach of any terms of any settlement or award, which is binding on him under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine of ten thousand rupees or with both, and where the breach is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the breach continues after the conviction for the first, and the court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realized from him shall be paid, by way of compensation, to any person who, in its opinion has been injured by such breach.".

S.8 Amendment of section 30

In section 30 of the principal Act, for the words "one thousand rupees", the words "ten thousand rupees" shall be substituted.

S.9 Amendment of section 30A

In section 30A of the principal Act, for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted.

S.10 Amendment of section 31

In section 31 of the principal Act,--

(a) in sub-section (1), for the words "one thousand rupees", the words "twenty-five thousand rupees" shall be substituted;
(b) in sub-section (2), for the words "one hundred rupees", the words "ten thousand rupees" shall be substituted.