Section 40: Application of Act to State trade disputes.

(1) In this section, "State trade dispute" means a trade dispute between any one of the following authorities and workers employed by it, that is to say,
(a) the Governor of a State;
(b) a local authority in a State;
(c) any corporation, council, board or committee established by or under any law (including an edict of the Governor of a State); and
(d) the proprietor of any school who receives grants in respect of the school out of the public revenue of the State.
(2) This Act applies to a State trade dispute as it applies to other trade disputes with the modifications mentioned in the following subsections of this section.
(3) The Minister may, with the consent of the Governor of a State and in respect of State trade disputes arising in that State, by order published in the Federal Gazette delegate either generally or in respect of any particular State trade dispute, his powers under this Act to the appropriate State Commissioner.
(4) While an order made under subsection (3) of this section is in force-
(a) the functions of the Minister under this Act shall in the case of a State trade dispute be discharged by the appropriate State Commissioner;
(b) the appropriate State Commissioner may with the approval of the Commissioner for Finance in the Government of that State, pay to an arbitrator or assessor appointed in any arbitration held under this Act in a State trade dispute such remuneration, if any, as he thinks fit;
(c) the remuneration, if any, to be paid to persons for acting as assessors in relation to any proceedings before the Court in a State trade dispute shall be determined by the Court and paid out of the Consolidated Revenue Fund of the State concerned;
(d) a board of enquiry for the purpose of a State trade dispute may be appointed by the Governor of the State concerned and shall be constituted in the same manner as a board of enquiry appointed under section 33 of this Act and shall enquire into the matter or matters referred to it and report thereon to the Governor of the State;
(e) the said Governor may payout of the Consolidated Revenue Fund of the State to any member of such board such remuneration as he thinks fit;
(f) no remuneration, fees or allowances shall be paid to any public officer under sub-paragraphs (b), (c) or (d) of this subsection other than such allowances for expenses as are approved for the grade of the officer concerned in the public service to which he belongs;
(g) the Civil Service Commission of a State may appoint at such remuneration and on such terms and conditions as it may determine such officers and servants as may be necessary for carrying this Act into effect in so far as it relates to State trade disputes;
(h) any expenses in addition to those mentioned in the preceding sub-paragraphs of this subsection in carrying this Act into effect in relation to State trade disputes shall, in so far as they are approved by the Commissioner for Finance in the government of that State be paid out of the Consolidated Revenue Fund of the State;
(i) in the case of State trade disputes the panel of employers' and the panel of workers' representatives to be drawn up from time to time and revised under section 44 of this Act for the purposes of sections 9(3), 27 and 28 of this Act shall be drawn up and revised by the appropriate State Commissioner.
(5) While an order under subsection (3) of this section is in force, the appropriate State Commissioner shall, in respect of every State trade dispute, send to the Minister not later than fourteen days after the dispute is settled or finally disposed of in accordance with this Act, a report setting out the circumstances of the dispute and the manner in which it was finally settled or disposed of.
(6) Nothing in this section shall be construed as preventing the Minister from exercising any power delegated under subsection (3) of this section, but before exercising any such power the Minister shall consult the appropriate State Commissioner.
(7) In this section-
"the appropriate State Commissioner", in respect of any State, means the Commissioner in the Government of that State charged with responsibility for matters relating to the welfare of labour.