THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
1. Short
title, extent and application.
3. Submission
of Draft Standing Orders.
4. Conditions
of certification of Standing Orders.
5. Certification
of Standing Orders.
6. Appeals.
7. Date
of operation of Standing Orders.
8. Register
of Standing Orders.
9. Posting
of Standing Orders.
10. Duration
and modification of Standing Orders.
10-A. Payment
of subsistence allowance .
11. Certifying
officers appellate authorities to have powers of Civil Court.
12. Oral evidence in contradiction of Standing Orders not admissible.
12-A. Temporary
application of Model Standing Orders.
13-A. Interpretation,
etc., of standing Orders.
13-B. Act
not to apply to certain industrial establishments .
14. Power
to exempt.
14-A. Delegation
of powers.
THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
(Act
No. 20 of 1946) 1
[23rd April 1946]
An Act to require employers in industrial establishments formally to define conditions of employment under them.
Whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them.
STATE
AMENDMENTS
MAHARASHTRA: GUJARAT. –
(i) Substitute for the long title, the following title as under:
“An Act to provide for rules defining with sufficient precision certain conditions of employment in industrial establishments in the State of Bombay. -Bombay Act M of 1958, Sec. 2 (15th January, 1959); and further amended by Act YJ of 1960, Sec. 87 (1st May, 1960).
(ii) In the preamble, for the words, beginning with the words “to require” and ending with the words “by them”, substitute 'the words “to provide for defining with sufficient precision certain conditions of employment in industrial establishments in the State of Bombay, and for certain other matters”. -Bombay Act M of 1958, Sec. 3 (15th January, 1959).
(iii) Nothing in the Industrial Employment (Standing Orders) (Bombay Amendment) Act, -l957 (Bombay Act XXI-of 1958), shall be deemed to affect any industrial establishment in respect of which the appropriate Government is the Central Government. - Bombay Act M of 1958, sec. 21.
MADHYA PRADESH. -”4. Nothing in the Industrial Employment
(Standing Orders) Act, 1946 (XX of 1946), shall apply to any undertaken to
which this Act applies”. - M. P. Act XXVI of 1961, Sec. 4 (25th November,
1961).
1. For Statement of Objects and Reasons,
see Gazette of India, 1946, Pt. V. pp. 179, 180.
The Act has been extended to Goa, Daman
and Diu by Reg. 12 of 1962, Sec. 3 and Schedule, to Pondicherry. (w.e.f. 1st
October, 1963) by Reg. 7 of 1963, Sec. 3 and Sch. I and to Laccadive,
Minicoy and Amindivi islands (w.e.f. 1st October, 1967) by Reg. 8 of 1965, Sec.
3 and Schedule.
1. Short title, extent and
application. –
(1)
This act may be called the Industrial Employment
(Standing Orders) Act, 1946.
(2)
It extends to 1[the
whole of India 2[***].
3[(3) It applies to every industrial establishment
wherein one hundred or more workmen are
employed, or were employed on any day
of the preceding twelve months :
Provided that
the appropriate Government may, after giving not less than two month’s notice
of its intention so to do, by notification in the official Gazette, apply the
provision of this Act to any industrial establishment employing such number of
persons less than one hundred as may be specified in the notification.]
4[* *
* *]
5[(4) Nothing in
this Act shall apply to. –
(i)
Any industry to which the provisions of Chapter VII
of the Bombay Industrial Relations Act, 1946 (Bombay Act II of 1947) apply; or
(ii)
Any Industrial establishment to which the provisions
of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (Madhya
Pradesh Act 26 of 1961 apply:
Provided
that notwithstanding anything contained in
the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961
(Madhya Pradesh Act, 26 of 1961), the provision of this Act shall apply to
all industrial establishments under the control of the Central Government.]
STATE
AMENDMENTS
KARNATKA. –In sec. 1, in
its application to the State of Karnataka, for the words “one hundred”
occurring in sub-section (3) and in the proviso to it, the word “fifty” shall
be substituted. – Karnataka Act 37 of 1975
(11th July, 1977).
MAHARASHTRA: GUJARAT. – In
sub-section (3), for the words “one hundred”, substitute: fifty”. – Bombay Act
XXI of 1958, Sec. 4 (15th January, 1959), and Act XI of 1960, Sec,
87 (1st May, 1960).
1. Subs.
by the A.O. 1950, for “all the provinces of India”.
2. The
words “except the state of Jammu and Kashmir” omitted Act 51 of
1970, sec. 2 and Schedule (w.e.f. 1st September , 1971).
3. Subs.
by Act 16 of 1961, sec. 2 for sub section (3).
4. Second
proviso omitted by Act 39 of 1963, Sec. 2 (w.e.f. 23rd December,
1963).
5. Ins.
by Sec. 2 ibid.( w.e.f. 23rd
December , 1963 ).
2. Interpretation
. –In this Act, unless there is
anything repugnant in the subject or context. -
1[(a) “Appellate authority” means an authority
appointed by the appropriate Government by notification in the official Gazette
to exercise in such area as may be specified in the notification the functions
of appellate authority under this Act:
Provided
that in relation to an appeal pending before an Industrial Court or other
authority immediately before the commencement of the Industrial Employment
(Standing Orders) (Amendment) Act, 1963 (39 of 1963), that Court or authority
shall be deemed to be the appellate authority;]
(b) “Appropriate Government”
means in respect of industrial establishments under the control of the Central Government
or a 2 [Railway
Administration] or in a major port, mine or oilfield, the Central Government,
and in all other cases, the State Government:
3[Provided that
where any question arises as to whether any industrial establishment is under
the control of the Central Government, that Government may, either on a
reference made to it by the employer or the workman or a trade union or other
representative body of the workmen, or on its own motion and after giving the
parties an opportunity of being heard, decide the question and such decision
shall be final and binding on the parties;
4[(c)
“Certifying Officer” means a Labour
Commissioner or a Regional. Labour
Commissioner, and includes any other officer appointed by the appropriate
Government, by notification in the official Gazette, to perform all or any of
the functions of a certifying officer under this Act;]
(d) “Employer” means the owner
of an industrial establishment to which this Act for the time being applies,
and includes-
(i) In a factory, any person named under 5[Cl. (t) of sub-
section (1) of Sec. 7 of the Factories Act, 1948 (63 of 1948)] as manager of
the factory;
(ii) In any industrial
establishment under the control of any department of any Government of India,
the authority appointed by such Government in this behalf, or where no
authority is so appointed, the head of department;
(iii) In any other industrial
establishment, any person responsible to the owner for the supervision and
control of the industrial establishment;
(e) “ Industrial
establishment” means. -
(i) An industrial
establishment as defined in Cl. (ii) of Sec. 2 of the Payment of Wages Act,
1936 (4 of 1936), or
6[(ii) A
factory as defined in Cl. (m) of Sec. 2 of the Factories Act, 1948 (63 of
1948), or]
(iii) A railway as defined in
Cl. (4) of Sec. 2 of the Indian Railways Act, 1890 (9 of 1890), or
(iv)
The establishment of a person who, for the purpose
of fulfilling a contract with the owner of any industrial establishment,
employs workmen;
(f)
“Prescribed” means prescribed by rules made by the
appropriate Government under this
Act;
(g) “Standing orders” means
rules relating to matters set out in the Schedule;
(h) “Trade union” means
a trade union for the time being registered under the Indian Trade Unions Act, 1926 (16 of 1926);
7
[(i) “Wages” and “workman” have the
meanings, respectively assigned to them in Cls. (rr) and (s) of Sec. 2 of the
Industrial Disputes Act, 1947 (14 of 1947).
STATE AMENDMENTS
ANDHRA PRADFSH. -In Cl. (e) of Sec. 2, after
sub-clause (iv), add the following:
“Or;
(v) Such other establishment,
as the State Government may, by notification in the Andhra Pradesh Gazette,
specify in this behalf, which does not fall within any of sub-clauses (O to
(iv) and in respect of which the State Government is the appropriate
Government”-A. P. Act IX of 1969, Sec.
2 (31st January, 1969).
GUJARAT: MAHARASHTRA. -In Sec. 2, -
(i) Before Cl. (a), add the
following new clause:
“(1-A)
'amendments' means in relation to the model standing orders, any amendments
proposed to such orders under Sec. 3 and includes any alterations, variations
or additions proposed thereto.”
(ii) In Cl. (d), for
sub-clause (iii), substitute the following:
“(iii) In any other industrial establishment,-
(a) Any person responsible to
the owner for the supervision and control of the industrial establishment;
(b) Where a person who, for
the purpose of fulfilling a contract with the owner of the industrial
establishment employs workmen on the premises of the establishment for the
execution of the whole or any part of any work which is ordinarily part of such
establishment, then in relation to such workmen, the owner of the industrial
establishment”;
(iii) In Cl. (e) omit
sub-clause (iv)
(iv) After Cl. (e), add the
following new clauses
(ee) “Model standing order”
means standing orders prescribed under Sec. 15;
(ef) “Modification” includes in
relation to a standing order, any alteration, variation, addition or deletion
in or to, such order Bombay Act XXI of 1958, Sec. 5 (15th January, 1959), and
further amended by Act 11 of 1960, Sec. 87 (1st May, 1960)”
(v) The following as new Sec.
2-A shall be added:
1. Subs.
by Act 39 of 1963, Sec. 3, for Cl. (ct) (w.e.f. 23rd December, 1963).
2. Subs.
by the A.0. 1950, “for Federal Railway”.
3. Added
by Act. 18 of 1982, Sec. 2 (w.e.f 17th May, 1982).
4. Subs.
by Act 16 of 1961, Sec. 3, for Cl. (c).
5. Subs.
by ibid., Sec. 3, for “Cl. (e) of sub-section (1) of Sec. 9 of the Factories
Act, 1934 5 of 19341”.
6.
Subs. by ibid., Sec. 3, for
sub-clause (ii).
7.
Subs by Act 18 of 1982, Sec.
2 (b) (w.e.f. 17th May, 1982).
“2-A. Application of model
standing orders to every industrial establishment .
–
(l) Where this Act applies to
an industrial establishment, the model standing orders for every matter set out
in the Schedule applicable to such establishment from such date as the State
Government may by notification in the official Gazette appoint in this behalf :
Provided
that nothing in this section shall be deemed to affect any standing orders
which are finally certified under this Act and have come into operation under
this Act in respect of any industrial establishment before the date of coming
into force of the Industrial Employment (Standing Orders) (Bombay Amendment)
Act, 1957. - Bombay Act XXI of 1958,
Sec. 2.
“(2) Notwithstanding anything
contained in the proviso to sub-section (1), model standing orders made in
respect of additional matters included in the Schedule after the coming into
force of the Act referred to in that proviso (being additional matters relating
probationers or badlis or temporary or casual workmen) shall, unless such model
standing orders are in the opinion of certifying officer less advantageous to
them than the corresponding standing orders applicable to them, then under the
said proviso also apply in relation to such workmen in the establishments
referred to in the said proviso from such date as the State Government may by
notification in the official Gazette, appoint in this behalf” -Maharashtra Act
LIV of 1974, Sec. 2 (2 lst November, 1974) (w.e.f. 2-10-1977).
TAMIL NADU.
-In Cl. (c) of Sec. 2, insert the following proviso
“Provided
that the State Government may, in relation to industrial establishment in respect
of which it is the appropriate Government, appoint, by notification in the
official Gazette, any officer subordinate to the Labour Commissioner to
exercise in such area as may be specified in the notification, the functions of
a certifying officer under this Act, and any officer appointed as aforesaid may
exercise those functions, whether or not the Labour Commissioner is
absent”-Madras Act XXIV of 1960, Sec. 2 (2nd November, 1960).
3. Submission
of Draft Standing Orders. -
(l) Within
six months from the date on which this Act becomes applicable to an industrial
establishment, the employer shall submit to the Certifying Officer five copies
of the draft standing orders proposed by him for adoption in his industrial
establishment.
(2) Provision shall be made in
such draft for every matter set out in the Schedule which may be applicable to
the industrial establishment, and where model standing orders have been
prescribed, shall be, so. far as is practicable, in conformity with such model.
(3) The draft standing orders
submitted under this section shall be, accompanied by a statement giving
prescribed particulars of the workmen employed in the industrial establishment
including the name of the trade union, if any, to which they belong.
(4) Subject to such conditions
as may be prescribed, a group of employers in similar industrial establishments
may submit a joint draft of standing orders under this section.
STATE AMENDMENT
MAHARASHTRA : GUJARAT. –
(i) For sub-section (1), substitute the following
:
“(1)
Within six months from the date on which the model standing orders apply to any
industrial establishment under Sec. 2-A, the employer or any workman employed
therein may submit to the Certifying Officer five copies of the draft amendment
for adoption in such industrial establishment :
Provided
that no amendment which provides for the deletion or omission of any rule in
the model standing orders relating to any matter set out in the Schedule shall
be submitted under this section,”
(ii) Omit sub-section (2) :
(iii) In sub-section (3), for
the words “draft standing orders” substitute “draft amendments”;
(iv) In sub-section (4), for
the words “draft of standing orders”, substitute “draft of amendments”;
(v) For the marginal note,
substitute the following marginal note: “Submission of amendments”-Bombay Act
XXI of 1958, Sec. 7 (15th January, 1959); Act XI of 1960, Sec. 87 (1st May, 1960).
4. Conditions
for certification of Standing Orders. -Standing orders shall be certifiable under this Act, if-
(a) Provision is made therein
for every matter set out in the Schedule which is applicable to the industrial
establishment, and
(b) The standing orders are
otherwise in conformity with the provisions of this Act;
And
it 1[shall
be the function] of the Certifying Officer or appellate authority to adjudicate
upon the fairness or reasonableness of the provisions of any standing orders.
STATE AMENDMENT
MAHARASHTRA : GUJARAT. -For its application, delete Sec. 4,-Bombay Act,
XXI of 1958, Sec. 8 (15th January, 1959) ; Act YJ of 1960, Sec. 87 (1st May, 1960).
1. Subs.
by Act 36 of 1956, Sec. 32, for “shall not be the function” (w.e.f. 17th
September, 1956).
5. Certification of Standing Orders. -
(1)
On receipt of the draft under Sec. 3, Certifying
Officer shall forward a copy thereof to the trade union, if any, of the
workmen, or where is no such trade union, to the workmen in such manner as may
be prescribed, together with a notice in the prescribed form requiring objections,
if any, which the workmen may desire to make to the draft standing orders to be
submitted to him within fifteen days from the receipt of the notice
(2)
After giving the employer and the trade union or
such other representatives of the workmen as may be prescribed an opportunity
of being heard, the Certifying officer shall decide whether or not any
modification of or addition to the draft submitted by the employer is necessary
orders certifiable under this Act, and shall make an order in writing accordingly
(3) The Certifying officer
shall thereupon certify the draft standing orders, after making any
modifications therein which his order under sub-section (2) of the certified
may require, and shall within seven days thereafter send copies of the certified
standing orders authenticated in the prescribed manner and of his order under
sub-section (2) to the employer and to the trade union or other prescribed
representatives of the workmen.
STATE AMENDMENT
MAHARASHTRA: GUJARAT. –
(i) In Sub-section (1), -
(a) After the words “as may be
prescribed”, add “or the employer, as the case may be”, and after the word “workmen” where it occurs for the third
time, add “or employer”;
(b)
For the words “draft standing orders”, substitute
“draft amendments”.
(ii) In sub-section (2), -
(a) After the words “giving
the employer”, add, “the workmen submitting the amendment”;
(b) Omit the words “or addition to”;
(c) For the words “the draft
submitted by the employer is necessary, to render the draft standing orders
certifiable under this Act”, substitute “the draft submitted under subsection
(1) of Sec. 3 is necessary”.
(iii)
In sub-section (3),
(a) For the words “certify draft standing orders”, substitute
“certify the draft amendments”;
(b) For the words “certified
standing orders” substitute “model standing order together with copies of the
certified amendments thereof.
(iv) In the marginal note, for
the words “standing orders” substitute the word “amendments” . -Bombay Act XXI
of 1958, Sec. 9 (15th January, 1959); Act XI of 1960, Sec. 87 (lst May, 1960).
(1) 1[Any employer,
workman, trade union or other prescribed representatives of any workman]
aggrieved by the order of the Certifying Officer under sub-section (2) of Sec.
5 may, within 2[thirty
days] from the date on which copies are sent under sub-section (3) of that
section, appeal to the appellate authority, and the appellate authority, whose
decision shall be final, shall by order in writing confirm the standing orders
either in the form certified by the Certifying Officer or after amending the
said standing orders by making such modifications thereof or additions thereto
as it thinks necessary to render the standing orders certifiable under this
Act.
(2) The appellate authority
shall, within seven days of its order under sub-section (1), send copies
thereof to the Certifying Officer, to the employer and to the trade union or
other prescribed representatives of the workmen, accompanied, unless it has
confirmed without amendment the standing orders as certified by the Certifying
Officer, by copies of the standing orders as certified by it and authenticated
in the prescribed manner.
STATE AMENDMENT
MAHARASHTRA: GUJARAT. –
(i) In
sub-section (1) of Sec. 6, for the portion beginning with the words “confirm
the standing orders” and ending with 9 certifiable under this Act”, substitute
the following:
“Confirm the amendment either in the form certified by the Certifying
Officer or after further modifying the same as the appellate authority thinks
necessary”.
(ii) In sub-section (2),
(a) For the words “unless it
has confirmed without amendment the standing orders”, substitute “unless it has
confirmed without further modifications the amendments”;
(b) For the words “by copies
of the standing orders”, substitute “by copies of the model standing orders
together with the amendments “, -Bombay Act
XI of 1958, Sec. 10 (15th
January, 1959), Act XI of 1960,See. 87 (1st May, 1960)
1. Subs.
by Act 18 of 1982, Sec. 3 (w.e.f. 17th May, 1982).
2. Subs.
by Act 16 of 196 1, Sec. 4, for “twenty-one days”.
7. Date
of operation of Standing Orders.
-Standing orders shall, unless an appeal is preferred under Sec. 6, come into
operation on the expiry of thirty days from the date on which authenticated
copies thereof are sent under sub-section (3) of Sec. 5, or
where an appeal as aforesaid is preferred, on the expiry of seven days from the
date on which copies of the order of the appellate authority are sent under
sub-section (2) of Sec. 6.
STATE AMENDMENTS
MAHARASHTRA: GUJARAT. -In Sec. 7 and in the marginal note thereto
after the words “standing orders”, add the words “or amendments”. -Bombay Act
XXI of 1958, Sec. 11 (15th January, 1959), Act YJ of 1960, Sec. 87
(1st May, 1960).
SAURASHTRA: GUJRAT. -In its application the
Saurashtra area of the State of Bombay, in Sec. 7, sub-section (2), inserted by
the Industrial Employment (Standing Orders) (Saurashtra Amendment) Act, 1953,
shall be deleted, and Sec. 7 (1) shall be renumbered as Sec. 7 of the said Act:
Provided that any model standing orders in respect of any industrial establishment referred to in the said sub-section (2) of Sec. 7 deleted as aforesaid, and in operation on the date of the coming into force of this Act, shall be deemed to be the model standing orders prescribed under Sec. 15 of the said Act and applied to the industrial establishment under Sec. 2-A, and the provisions of the said Act shall apply thereto as they apply to the model standing orders duly applied under the said Sec. 2-A.-Bombay Act XXI of 1958, Sec. 20 (I 5th January, 1959) ; Act XI of 1960, Sec. 87 (15th May, 1960).
8. Register
of Standing Orders. -A
copy of all standing orders as finally certified under this Act shall be filed
by the Certifying Officer in a register in the prescribed form maintained for
the purpose, and the Certifying Officer shall furnish a copy thereof to any person
applying therefor on payment of the prescribed fee.
STATE AMENDMENT
MAHARASHTRA: GUJARAT. –
(i) After the words “all standing orders”, add
the words “or model standing orders together with all the amendments” ;
(ii) In the marginal note,
after the words “standing orders”, add “and model standing orders together with
all certified amendments”.-Bombay Act XXI of 1958, Sec. 13 (15th
January, 1959) ; Act XI of 1960, Sec. 87 (1st May, 1960).
9. Posting
of Standing Orders. -The
text of the standing orders as finally certified under this Act shall be
prominently posted by the employer in English and in the language understood by
the majority of his workmen on special boards to be
maintained for the purpose at or near the entrance through which the majority
of the workmen enter the industrial establishment and in all departments
thereof where the workmen are employed.
STATE AMENDMENT
MAHARASHTRA: GUJARAT. –
(i) After the words “all standing orders”, add
the words “or model standing orders together with all the amendments” ;
(ii) In the marginal note, after
the words “standing orders”, add the words “and model standing orders together
with all certified amendments”.-Bombay Act XXI of 1958, Sec. 13 (15th
January, 1959) ; Act XI of 1960, Sec. 87 (1st May, 1960).
10. Duration
and modification of Standing Orders. –
(1) Standing orders finally
certified under this Act shall not, except on agreement between the employer
and the workmen l[or
a trade union or other representative body of the workmen] be liable to
modification until the expiry of six months from the date on which the standing
orders or the last modifications thereof came into operation.
2[(2) Subject to the provisions of sub-section
(1), an employer or workman 3[or
a trade union or other representative body of the workmen) may apply to the Certifying
Officer to have the standing orders modified, and such application shall be
accompanied by five Copies Of 4[*
* *] the modifications proposed to be made, and where such modifications are
proposed to be made by agreement between the employer and the workmen 3[or a trade union
or other representative body of the workmen] a certified copy of that agreement
shall be filed along with the application.]
(3) The foregoing provisions
of this Act shall apply in respect of an application under sub-section (1) as
they apply to the certification of the first standing orders.
5[(4)
Nothing contained in sub-section (2)
shall apply to an industrial establishment in respect of which the appropriate
Government is the Government of the State of Gujarat or the Government of the
State of Maharashtra.
STATE AMENDMENTS
MAHARASHTRA : GUJARAT. –
(i) In
sub-section (1), -
(a) After the words “standing
orders” at both the places where they occur, add
the words “or model standing orders together with all the amendments”;
(b) After the words “came into
operation”, insert the following:
“And where model standing orders
have not been amended as aforesaid, the model standing orders shall not be
liable to such modification until the expiry of one year from the date on which
they were applied under Sec. 2-A”;
(ii) For sub-section (2),
substitute the following:
“(2)
Subject to the provisions of sub-section (1), an employer, workman or any
prescribed representatives of workmen desiring to modify the standing orders or
the model standing orders together with the amendments, as finally certified
under this Act, or the model standing orders applied under Sec.2-A, as the case
may be, shall make an application to the Certifying Officer in that behalf, and
such application shall be accompanied by five copies of the standing orders, or
the model standing orders, together with all amendments thereto as certified
under this Act or model standing orders in which shall be indicated the
modifications proposed to be made and where such modifications are proposed to
be made by agreement between the employer and workmen, a certified copy of the
agreement shall be filed along with the application”. -Bombay Act XXI of 1958,
Sec. 14 (15th January, 1959), Act M of 1960, Sec. 87 (1st May,
1960).
1. Ins.
by Act 18 of 1982, Sec. 4 (a) (w.e.f 17th May, 1982).
2. Subs.
by Act 36 of 1456, Sec. 32, for the original sub-section (w.e.f. 17th
September, 1956).
3. Ins.
by Act 18 of 1982, Sec. 4 (b) (w.e.f. 17th May, 1982).
4. The
words “the standing orders in which shall be indicated” omitted by Act 39 of
1963, Sec. 4 (w.e.f 23rd December, 1963).
5.
Ins. by Act 39 of 1963, Sec. 4
(w.e.f. 23rd December, 1963).
MAHARASHTRA AND GUJARAT STATES. -In this section, -
(a) In sub-section (1):
(i) After the words “standing
orders” at both the places where they occur, the words “or the amendments”
shall be inserted ;
(ii) After the words “came
into operation”, the following shall be inserted, namely: “and where model
standing orders have not been amended as aforesaid, the model standing orders
shall not be liable to such modification until the expiry of one year from the
date on which they were applied under Sec. 2-A”;
(b)
For sub-section (2), the following shall be
substituted, namely:
“(2)
Subject to the provisions of sub-section (1) an employer, workman or any
prescribed representatives of workmen desiring to modify the standing orders or
the model standing orders together with the amendments as finally certified
under this Act, or model standing orders applied under Sec. 2-A, as the case
may be, shall make an application to the Certifying Officer in that behalf and
such application shall be accompanied by five copies of the standing orders or
the model standing orders together with all amendments thereto as certified
under this Act or model standing orders in which shall be indicated the
modifications proposed to be made and where such modifications are proposed to
be made by agreement between the employers, a certified copy of the agreement
shall be filed along with the application” ;
(c) In sub-section (3), for
the words “standing orders”, the word “amendments” shall be substituted.-Bombay
Act XXI of 1958.
(d) In sub-section (4), the
words “or the Government of the State of Maharashtra” shall be
deleted-Maharashtra Act No. LIV of 1974, Sec. 3 (21st November, 1974).
1[ 10-A. Payment
of subsistence allowance. –
(1) Where any workman is
suspended by the employer pending investigation or inquiry into complaints or
charges of misconduct against him, the employer shall pay to such workman
subsistence allowance. -
(a) At the rate of fifty
percent of the wages which the workman was entitled to immediately preceding
the date of such suspension, for the first ninety days of suspension ; and
(b) At the rate of
seventy-five per cent. of such wages for the remaining period of suspension if
the delay in the completion of disciplinary proceedings against such workman is
not directly attributable to the conduct of such workman.
(2) If any dispute arises
regarding the subsistence allowance payable to a workman under subsection (1),
the workman or the employer concerned may refer the dispute to the Labour Court
constituted under the Industrial Disputes Act, 1947 (14 of 1947) within the
local limits of whose jurisdiction the industrial establishment wherein such
workman is employed is situate and the Labour Court to which the dispute is so
referred shall, after giving the parties an opportunity of being heard, decide
the dispute and such decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing provisions
of this section, where provisions relating to payment of subsistence allowance
under any other law for the time being in force in any State are more
beneficial than the provisions of this section, the provisions of such other
law shall be applicable to the payment of subsistence allowance in that State].
1. Ins.
by Act 18 of 1982, Sec. 5 (w.e.f 17th May, 1982).
11. Certifying officer and appellate to have powers of Civil Court. –
1 [(1)] Every
Certifying officer and appellate authority shall have all the powers of a Civil
Court for the purposes of receiving evidence, administering oaths, enforcing
the attendance of witnesses, and compelling the discovery and production of
documents, and shall be deemed to be a Civil Court within the meaning of 2[Secs. 345 and 346
of the Code of Criminal Procedure, 1973 (2 of 1974)].
1[(2) Clerical or arithmetical mistakes in any
order passed by a Certifying Officer or appellate authority, or errors arising
therein from any accidental slip or omission may, at any time, be corrected by
that officer or authority, or the successor in office of such officer or
authority, as the case may be].
1. Section
11 re-numbered as sub-section (1) thereof and sub-section (2) ins. by Act 39 of
1963 , Sec. 5 (w.e.f. 23rd
December , 1963 .
2. Subs.
by Act 18 of 1982, Sec 6 (w.e.f. 17th May, 1982).
12. Oral
evidence In contradiction of Standing Orders not admissible. -No oral evidence having the effect of adding to or
otherwise varying or contradicting standing orders as finally certified under
this Act shall be admitted in any Court.
STATE AMENDMENT
MAHARASHTRA :
GUJARAT. -
(i) For the words “standing
orders as finally certified under this
Act” substitute the words “standing orders or the model standing orders with
all the amendments as finally certified under
this Act, as the case may be”;
(ii) In the marginal note, for
the words “standing orders”, substitute standing order”, etc.-Bombay Act XXI of
1958, Sec. 15 (15th January, 1959) ; Act XI of 1960, Sec. 87 (1st
May, 1960).
1[12-A. Temporary application of Model Standing
Orders. -
(1) Notwithstanding anything
contained in Sees. 3 to 12, for the period commencing on the date on which this
Act becomes applicable to an industrial establishment and ending with the date
on which the 9't5nding orders as finally certified under this Act come into
operation under Sec. 7 in that establishment, the prescribed model standing
orders shall be deemed to be adopted in that establishment, and the provisions
of See. 9, sub- section (2) of Sec. 13 and Sec. 13-A shall apply to such model
standing orders as they apply to the standing orders so certified.
(2) Nothing contained in
sub-section (1) shall apply to an industrial establishment in respect of which the
appropriate Government is the Government of the State of Gujarat or 'the
Government of the State of Maharashtra.]
1. Ins. by act 39
of 1963, Sec. 6 (w.e.f. 23rd
December, 1963).
13. Penalties
and procedure. –
(l) An employer who fails to
submit draft standing orders as required by Sec. 3, or who modifies his
standing orders otherwise than in accordance with Sec. 10, shall be punishable
with fine which may extend to five thousand rupees, and in the case of a
continuing offence with a further fine which may extend to two hundred rupees
for every day after the first during which the offence continues.
(2) An employer who does any
act in contravention of the standing orders finally certified under this Act
for his industrial establishment shall be punishable with fine which may extend
to one hundred rupees, and in the case of a continuing offence with a further
fine which may extend to twenty-five rupees for every day after the first
during which the offence continues.
(3) No prosecution for an offence
punishable under this section shall be instituted except with the previous
sanction of the appropriate Government.
(4) No Court inferior to that
of 1[a
Metropolitan Magistrate or Judicial Magistrate of the second class] shall try
any offence under this section.
1. Subs.
by Act 18 of 1982, Sec. 7 (w.e.f 17th May, 1982).
STATE AMENDMENTS
MADHYA PRADESH. -After sub-section (4), add the following
sub-section:
“(5) A Court taking cognizance
of an offence under sub-section (2) shall state upon the summons to be served
on the accused person that he. -
(a) May appeal by pleader and
not in person; or
(b) May, by a specified date
prior to the hearing of the charge, plead guilty to the charge by registered
letter acknowledgment due and remit to the Court such sum as the Court may,
subject to the maximum limit of fine prescribed for the said offence, specify.
“(6) Where an accused person
pleads guilty and remits the sum in accordance with the provisions of
sub-section (5), no further proceedings in respect of the offence shall be
taken against him.
“(7) Nothing contained in
this section shall apply to the continuing offence referred to in sub-section
(2).”-M.P. Act XVIII of 1967, Sec. 2 (1st June, 1968).
MAHARASHTRA: GUJARAT. –
(i) In sub-section (1),-
(a) For the words and figure
“who fails to submit draft standing orders as required by Sec. 3, or who
modifies his standing orders”, substitute the words “who modifies the standing
orders, model standing orders or amendments”;
(b) For the word and figures
“Sec. 10”, substitute the words “the provisions of this Act”;
(c) For the words “shall be
punishable”, substitute the words “shall, on conviction, be punished”.
(ii) In sub-section (2), for
the words “the standing orders finally certified under this Act for his
industrial establishment shall be punishable,” substitute the words “the
standing orders, model standing orders or the amendments, as finally certified
under this Act for his industrial establishment, as the case may be, shall, on
conviction, be punished.”
(iii) After sub-section (2),
add the following new sub-sections
“(2-A)
Whoever contravenes the provisions of this Act or of any rule made thereunder
in cases other than those falling under sub-section (1) or sub-section (2),
shall, on conviction, be punished with fine which may extend to one hundred
rupees and in the event of such person being previously convicted of an offence
under this Act, with fine which may extend to two hundred rupees and in the
case of a continuing offence with a further fine which may extend to
twenty-five rupees for every day after the first during which the offence
continues.
(2-B)
The Court convicting an employer under sub-section (1) or sub-section (2) may
direct such employer to pay such compensation as it may determine to any
workman directly and adversely affected by the modifications or contravention
of the standing orders, model standing orders or amendments, as the case may be.
(2-C)
The compensation awarded under sub-section (2-B) may be recovered as if it were
a fine and if it cannot be so recovered, the person by whom it is payable shall
be sentenced to imprisonment of either description for a term not exceeding
three months as the Court thinks fit.-Bombay Act XXI of 1958, Sec. 16 (15tli
January, 1959) ; Act XI of 1960, Sec. 87 (1st May, 1960).
1 [13-A. Interpretation, etc. of Standing Orders .
–If any question arises as to the application or interpretation of
a standing order certified under this Act, any employer or workmen 2[or
a trade union or other representative body of the workmen] may refer the
question to any one of the labour
Courts constituted under the
Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of
such proceedings by the appropriate Government by notification in the official
Gazette, and the Labour Court to which the question is so referred shall, after
giving the parties an opportunity of being heard, decide the question and such
Decision shall be final and binding on the parties.]
STATE AMENDMENT
MAHARASHTRA : GUJARAT. -In this section, after
the words “standing order” and in the marginal note thereto after the words
“standing orders”, add the words “model standing orders or amendments” ; and
after the word workman” add “or any prescribed representatives of workmen”.
-Bombay Act XXI of 1958, Sec. 17 (15th January, 1959), Act )U of 1960, Sec. 87
(1st May, 1960).
1. Ins.
by Act 36 of 1956, Sec.32 (w.e.f. 10th March, 1957).
2. Ins.
by Act 18 of 1982, Sec.8 (w.e.f. 17th May, 1982).
1[13-B. Act not to apply to certain Industrial
establishments. -
Nothing in this Act shall apply to an industrial establishment in so far as the
workmen employed therein are persons to whom the Fundamental and Supplementary
Rules, Civil Services (Classification, Control and Appeal)
Rules, Civil “Services (Temporary Service) Rules, Revised Leave Rules, Civil
Service Regulations, Civilians in Defence Service (Classification, Control and
Appeal) Rules or the Indian Railway Establishment Code or any other rules or
regulations that may be notified in this behalf by the appropriate Government
in the official Gazette, apply.]
1. Ins.
by Act 18 of 1982, Sec.8 (w.e.f. 17th May, 1982).
14. Power
to exempt. -The
appropriate Government may, by notification in the official Gazette, exempt
conditionally or unconditionally, any industrial establishment or class of
industrial establishment from all or any of the
provisions of this Act.
1[ 14-A. Delegation of powers. -The appropriate Government may, by
notification in the official Gazette, direct that
any power exercisable by it under this Act or any rules made thereunder shall,
in relation to such matters and subject to such conditions, if any, as may be
specified in the direction, be exercisable also-
(a) Where the appropriate
Government is the Central Government, by such officer or authority subordinate
to the Central Government or by the State Government or by such officer or
authority subordinate to the State Government, as may be specified in the
notification ;
(b) Where the appropriate
Government is a State Government, by such officer or authority subordinate to
the State Government as may be specified in the notification.]
1. Subs.
by Act 39 of 1963, Sec. 7, for Sec. 14-A (w.e.f. 23rd December, 1963).
(l) The appropriate
Government may, after previous publication, by notification, in the official
Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without
prejudice to the generality of the foregoing power, such rules may-
(a) Prescribe additional
matters to be included in the Schedule, and the procedure to be followed in
modifying standing orders certified under this Act in accordance with any such
addition ;
(b) Set out model standing
orders for the purposes of this Act
(c) Prescribe the procedure of
Certifying Officers and appellate authorities;
(d) Prescribe the fee, which
may be charged for copies of standing orders entered in the register of
standing orders ;
(e) Provide for any other
matter, which is to be or may be prescribed
Provided
that before any rules are made under Cl. (,a) representatives of both employers
and workmen shall be consulted by the appropriate Government,
1[(3)
Every rule made by the Central
Government under this section shall be laid as soon as may be after it is made,
before each House of Parliament while it is in session for a total period of
thirty days which may be comprised in one session or 2[in two or more
successive sessions, and, if, before the expiry of the session immediately
following the session or the successive sessions aforesaid) both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be ; so however that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
1. Ins.
by Act 16 of 196 1, Sec. 6.
2. Subs.
by Act 18 of 1982, Sec. 9 (w.e.f. 17th May, 1982).
STATE AMENDMENT
MAHARASHTRA: GUJARAT. –
(a) In Cl. (a) of sub-section
(2), after the words standing orders”, add the words “or amendments” ;
(b) In Cl. (d) of sub-section
(2), for the words “copies of standing orders entered in the register of
standing orders”, substitute “copies of standing orders or model standing
orders together with all the amendments filed in the register under Sec. 8. “.
-Bombay Act XXI of 1958, Sec. 18 (15thJanuary, 1959): Act YJ of 1960, Sec. 87 (1st May, 19.60).
THE
SCHEDULE
[See Secs. 2 (g) and 3 (2)]
MATTERS
TO BE PROVIDED IN STANDING ORDER UNDER THIS ACT
1. Classification of workmen,
e.g. whether permanent, temporary, apprentices, probationers, or badlis.
2. Manner of intimating to
workmen periods and hours of work, holidays, pay-days and wage rates.
3. Shift working.
4. Attendance and late
coming.
5. Conditions of procedure in
applying for, and the authority which may grant, leave and holidays.
6. Requirement to enter
premises by certain gates, and liability to search.
7. Closing and re-opening of
sections of the industrial establishment, and temporary stoppages of work and
the rights and liabilities of the employer and workmen arising therefrom.
8. Termination of employment,
and the notice thereof to be given by employer and workmen.
9. Suspension or dismissal
for misconduct, and acts or omissions, which constitute misconduct.
10. Means of redress for
workmen against unfair treatment or wrongful exactions by the employer or his
agents or servants.
11. Any other matter, which may
be prescribed.
STATE AMENDMENT
MAHARASHTRA: GUJARAT. –
(i) In the heading of the Schedule-
(a) For “Secs. 2 (g) and 3
(2),” substitute the word, figure and letter “Sec. 2-A”.
(b) After the words “standing
orders”, add the words “model standing order and amendments”.
(ii) After item I 0, add the
following new items :
“10-A. Age for retirement or Superannuation”.
-Bombay Act XXI of 1958, Sec. 19 (15th January, 1959) ; Act )U of 1960, Sec. 87
(1st May, 1960).
“10-B. Employment or re-employment of probationers
or badlis or temporary or casual workmen, and their conditions of service.
“Maharashtra Act XLIV of 1974, Sec. 4 (21st November, 1974).