Section 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.
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.
(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.
Substitution of section 3 . — For section 3 of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as the principal Act), the following shall be substituted, namely:--
" 3. Submission of Standing Orders . — (1) Within six months from the date on which the Industrial Employment (Standing Orders) (Karnataka Amendment) Act, 2005 becomes applicable to an industrial establishment, the employer shall prepare the Standing Orders proposed by him for adoption in his industrial establishment.
(2) The Standing Order prepared as required under sub-section (1) shall refer to 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 Standing Order.
(3) The Standing Orders so prepared shall be discussed with the Trade unions existing in the Industrial establishment or representatives of the workmen, before adoption and the employee providing proof thereof:
Provided no Standing Order adopted under this sub-section shall be effective unless a copy thereof as adopted is sent to the Certifying Officer by Registered Post Acknowledgement due and the acknowledgement therefor is received and filed.
(4) If there is no dispute with regard to the clauses and matters set out in the Standing Orders drafted by the employer of the Industrial Establishment, then it shall be adopted in the Industrial Establishment as if it is certified under this Act and a copy thereof shall be sent immediately to the Certifying Authority by Registered Post Acknowledgement Due.
(5) If there is any dispute or disagreement with regard to the adoption of any clauses or matter set out in the schedule between the employer and the trade Union or workmen representatives, then such Standing Orders drafted by the employer shall be submitted to the Certifying Officer notified under the rules with thirty days from the date of dispute, for adoption in the Industrial establishment."
[Vide Karnataka Act 12 of 2014, s. 2]
Amendment of section 3 of Act XX of 1946 . — In section 3 of the said Act, --
(a) for sub-section (1), the following shall be substituted, namely:--
"(1) Within six months from the date on which the model standing orders apply to any industrial establishment under section 2A, the employer or any workman employed therein may submit to the Certifying Officer five copies of the draft amendments 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;"
(b) sub-section (2) shall be deleted.
(c) in sub-section (3), for the words "draft standing orders, substitute "draft amendments" shall be substituted.
(d) in sub-section (4), for the words "draft of standing orders", substitute "draft of amendments".
(e) for the marginal note, the marginal note "Submission of amendments." Shall be substituted.
[Vide Bombay XXI of 1958, s. 7]