THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

1946 · State unknown · central · act_text

Sections (74)

12A · Temporary application of model standing orders.

13A · Interpretation, etc., of standing orders.

13B · Act not to apply to certain industrial establishments.

1 · . Short title, extent and application . — (1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.

4 · [(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:

6 · [(4) Nothing in this Act shall apply to—

1 · This Act has been extended to —

2 · Subs. by the A.O. 1950, for " all the Provinces of India " .

3 · The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 (w.e.f. 1-9-1971).

4 · Subs. by Act 16 of 1961, s. 2, for sub-section (3) .

5 · Second proviso omitted by Act 39 of 1963, s. 2 (w.e.f. 23-12-1963).

6 · Ins. by s. 2, ibid . (w.e.f. 23-12-1963) .

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 an appellate authority under this Act:

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;]

1 · . Subs. by Act 39 of 1963, s. 3, for cl. (a) (w.e.f. 23-12-1963).

2 · . Subs. by the A.O. 1950, for "Federal railway".

3 · Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).

4 · . Subs. by Act 16 of 1961, s.3, for cl. (c).

5 · . Subs. by s. 3, ibid ., "for clause (e) of sub-clause (1) of section 9 of Factories Act, 1934 (25 of 1934)".

1 · [(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or]

2 · [(i) " wages " and " workman " have the meanings respectively assigned to them in clauses (rr) and (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) . ]

1 · Subs. by Act 16 of 1961, s. 3, for sub-clause (ii)

2 · Subs. by Act 18 of 1982, s. 2 for cl . (i) (w.e.f. 17-5-1982).

3 · . Submission of draft standing orders . — (1) 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.

4 · . Conditions for certification of standing orders . — Standing orders shall be certifiable under this Act if— f—

5 · . Certification of standing orders . — (1) On receipt of the draft under section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there 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.

1 · Subs. by Act 36 of 1956, s. 32 for “shall not be the function” (w.e.f.17-9-1956).

6 · . Appeals . — (1) 1 [Any employer, workmen, trade union or other prescribed representatives of the workmen] aggrieved by the order of the Certifying Officer under sub-section (2) of section 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.

1 · Subs. by Act 18 of 1982, s. 3, for “Any person” (w.e.f. 17-5-1982).

2 · Subs. by Act 16 of 1961, s. 4, for "twenty-one days" .

7 · . Date of operation of standing orders . — Standing orders shall, unless an appeal is preferred under section 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 section 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 section 6.

8 · . Register of standing orders . —A —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 therefore on payment of the prescribed fee.

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.

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 1 [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 1 [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 3 *** the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen 1 [or a trade union or other representative body of the workmen] , a certified copy of that agreement shall be filed along with the application.]

4 · [(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.]

1 · Ins. by Act 18 of 1982, s. 4 (w.e.f. 17-5-1982).

2 · Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f. 17-9-1956).

3 · Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-1963).

4 · Ins. by s. 4, ibid. (w.e.f. 23-12-1963).

1 · [10A . Payment of subsistence allowance . — (1) Where any workmen 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—

11 · . Certifying Officers and appellate authorities to have powers of civil court . — 2 [(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

1 · Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982).

2 · . S. 11 renumbered as sub -section (1) thereof by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).

2 · [(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.]

12 · . Oral evidence in contradiction of standing orders not admissible . —N —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.

3 · [12A. Temporary application of model standing orders . — (1) Notwithstanding anything contained in sections 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 standing orders as finally certified under this Act come into operation under section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of section 9, sub-section (2) of section 13 and section 13A shall apply to such model standing orders as they apply to the standing orders so certified.

13 · . Penalties and procedure . — (1) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 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.

1 · Subs. by Act 18 of 1982, s. 6, for "sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 17-5-1982).

2 · Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).

3 · Ins. by Act 39 of 1963, s. 6 (w.e.f. 23-12-1963).

1 · Subs. by Act 18 of 1982, s. 7, for “a Metropolitation Magistrate or Judicial Magistrate of the second class” (w.e.f. 17-5-1982).

1 · [13A. 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 workman 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 proceeding 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.

13B · Act not to apply to certain industrial establishments . —N —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 Services) 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 36 of 1956, s. 32 (w.e.f. 10-3-1957).

2 · Ins. by Act 18 of 1982, s. 8 (w.e.f. 17-5-1982).

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 establishments from all or any of the provisions of this Act.

1 · [14A. 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 —

15 · . Power to make rules . — (1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

2 · [(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 3 [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 · Subs. by Act 39 of 1963, s. 7, for s. 14A (w.e.f. 23-12-1963).

2 · Ins. by Act 16 of 1961, s. 6.

3 · Subs. by Act 18 of 1982, s. 9, for certain words (w.e.f. 17-5-1982).

2 · Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.

5 · Conditions of, procedure in applying for, and the authority which may grant, leave and holidays.

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.

Subordinates (11)

The Rajasthan Industrial Employment (Standing Orders) Rules, 1963 (As Amended up to Date) CONSPECTUS 1 . Short title and extent Punishment f

Type: rules · UID: 013a2df0bdf494d16131b779aa971936fef8a3b0 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 19461

Type: 2ca3dfe6df219415b23adf4ad68ebc2df06aefe7 · UID: 06ef05b1d606db7eb3fd7102be05d00d09ee161f · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 19461 In exercise of the powers conferred by section 15, read with clause (b) of

Type: rules · UID: 2ca3dfe6df219415b23adf4ad68ebc2df06aefe7 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

TE %o <o Udo-33004/99

Type: notifications · UID: 5dd092f9288907141deba395105f66a3d4eefeb5 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Hkkx II—[k.M 3 —m

Type: 900181e152b62590a0affaa571b4e1437948a576 · UID: 6555967f4881a6b49f365478a32c149156dde1dd · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Hkkx II—[k.M 3 —m —mi&[k.M (i)

Type: df77c93bd2b882f10d632d1117c4278b528e5550 · UID: 6f82a53bf52f807d8099da29ef1e652b93c5e7ee · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

The Rajasthan Industrial Employment (Standing Orders) Rules,1963

Type: 013a2df0bdf494d16131b779aa971936fef8a3b0 · UID: 8571f56f01d05632e9b5eb129d5d71e172010103 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

T4 %o do "do-33004/99

Type: notifications · UID: 900181e152b62590a0affaa571b4e1437948a576 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

41z} %o_So Udo-33004/99

Type: notifications · UID: df77c93bd2b882f10d632d1117c4278b528e5550 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

rjz} ro 3to "co-33004/99

Type: notifications · UID: f58a5bd3e306575929e1277371750de454074651 · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF

Hkkx II —[ —[k.M 3 —m —mi&[k.M (ii) PART II—Section 3—Sub-section (ii) izkf/dkj ls izdkf'kr PUBLISHED BY Y AUTHORITY

Type: f58a5bd3e306575929e1277371750de454074651 · UID: f6ce2414272ee0aa2ad48c296e06039bdebbd58a · PDF: yes · Text: yes · Rule index: yes

Open subordinate page · Global

Open PDF