BIRA 104 — ¹³[Fine] for instigating etc., illegal strikes ¹⁴[lock-outs, closures and stoppages]

Bombay Industrial Relations Act (extended to Gujarat), 1946

Statutory text

Any person who instigates or incites other to take part in, or otherwise acts in furtherance of a lock-out [or a closure] for which an employer is punishable under section 102 or a strike [or a stoppage] for which any employee is punishable under section 103, shall on conviction be punishable [with a fine which shall not be less than five lakh rupees but which may extend to ten lakhs rupees]:

Provided that no person shall be punishable under this section where the Court trying the offence is of opinion that in the circumstances of the case a reasonable doubt existed at the time of the commission of the offence about the legality of the [strike, lock-out, closure or stoppage], as the case may be. Explanation I.— For the purpose of this section, a person who contributes, collects or solicits funds for the purposes of any such [strike, lock-out, closure or stoppage] shall be deemed to act in furtherance thereof. Explanation II.— A person shall be deemed to have committed an offence under this section if before an illegal [strike, lock-out, closure or stoppage] has commenced, he has instigated or incited others to take part in, or otherwise acted in furtherance of such [strike, lock-out, closure or stoppage].

Back to BIRA