THE MADHYA PRADESH INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1963

rules · 1946 · Chhattisgarh

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Parent: The INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 (14c45066785fda643c1e0e3e44ab563c8bd36f31)

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• THE MADHYA PRADESH INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1963 [Published by Labour Department Notification No. 9556-9727-XVI, dated the 26th December; 1962, vide M.P. Gazette; dated 1st February 1963, (Port IV-G}, page56] And as amended subsequently by the following notifications :- NOTE : In the footnotes appearing hereinafter, refere1,1ce to amending Notifications is made by Serial No. as given to them above. Short title.- These rules may be called the Madhya Pradesh Industrial Employment (Standinii Orders) Rules, 1963. Defi,nitions.- In these rules the context otherwise requires,- (i) "Act" means the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (No. 26 of 1961); (ii) "Annexure" means an aruiexure appended to these rules; (iii) "Form''. means a form appended to these rules; and (iv) "Section" means a section of the Act. RELEVANT NOTES Indore Development Authority Vs. Indore Development Authority Dally Wages SubEngineers Union, 2000 (2) JU 190. Chhayo Bhopotkor Vs. Stole of Madhya Pradesh, 2001 · ( (4)MPHT 238.Englneer-ln-chlef. PHED Vs. B11dhaRaoMaganle, 2001 (2) JLJ 399,State o/M.P. Vs. Har/ram, 2008 (3) JU 41. Procedure for submission of amendment.-· (I) An application for submission of amendment under sub-section (I) of section 7 shall be in Form A. (2) Tho particulani of tho employees for the purpose of subsection (2) of section 7 sball, in addition to those mentioned in Form A, be u follows : (a) number of employees employed; (b) number of employees employed through contractors);. (c) namo of the trado union or trado uniona, if any, to which the employees bolons; and (d) if the application is by II trade union, tho latest figure of its membership. A sroup of employee a or representatives of employees in tho se.mo industry dcsirou1 o

Rule TOC

7 · s~I apply in Form A through a person authorised in this behalf by such group or representatives, as the case may be, and shall in addition to the particulars mentioned in sub-section (2), fumisb the following particulars along with the draft:

1 · (6-A. Additional matter included in the Schedule.- In the Schedule to the Act after item xiv,· the following item· shall be added namely : ·

2 · 2. Substituted by No. 2 (26-3-71).

1n · the matter of certification of amendments to the standing orders for (name and address of the undertakillg) ............... ..

1 · [ (ii) A 'pennanent seasonal employee· is an who has completed service for a period equal to ']J3 of the duration or a season or three months whichever is less in a clear vacancy and shall be deemed to be a permanent employee for the purposes of these orders);

2 · ["(vii) ''fixed term employment's employee" means an employee who has been · engaged on the basis of contract of employment for a fixed period. However, his working hours, wages, allowances and olhcr benefits shall not be less than that of a permanent employee. He shall also be eligible for all statutory benefits available to a permanent employee proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.'1

1 · Substituted by No. 1 (28-5-1965].

2 · Added by Notfn. No. F-4 (E) 2-2004-A-XVI, Dated 17-3-2005.

2 · Inserted by No. 2 (26-3-71 ].

1 · ((3) (i) Eveiy badli employee shall be provided with a 'badli card'; on which shall be entered, the days on which he bas worked in the undertaking and which shall be surrendered if he obtains permanent employment.

4 · - Recruitment.- The manager may after .consulting the Employment Exchange lay down' the procedure for recruitment of employees and notify it on the notice board on. which standing orders are exhibited. ·· · .-, · · _. · ··

1 · Ins. by No. 2 126-3-711).

6 · Shift Working.- (a) Shift working shall be regulated in accordance with the Factories Act, 1948 (No. 68 of 1948), wherever applicable and subject as aforesaid in accordance with any agr~. settlements or awards.

7 · Attendance and late coming.- (a) All employees shall be at work in the undertaking at the times fixed .and notified. Employees attending late may be ·shut out and treated as absent provided that no employee wlio_atteruls within 5 minutes of the starting time shall be shut out. Employee coming late shall ilot be treated as absent without leave but may be given whatever leave may .be .due to them.

8 · Condition and procedure in applying for, and authority which may grant leave and holidays.- (a) Holidays and leave with or without pay or leave of any other kind shall be regulated by the provisiohs ·of die law applicable to the undertaking and subject to the minimum prescrilied under it by custom, usage,

1 · (8-A.-Holidays.- The employees shall be tntitled to three days national holidays, namely. Republic Day, Independence Day, and Gandhi Jayanti and five days fe!jtival holiday with .full wages every year. [The festival holidays shall be determined. by the employer in consultation with the representatives of employees and a notice indicating the days fixed shall be past4l on the Notice Board:

2 · [''.(e) subject fa ·the provisions of the bldusttjal Di·:,utes Act,. 1947 (14 of .1947), no temporary.employee, whether moot\tly ratec1·or ·Weekly rated or piece·

2 · Added by Nolfn. NO'. F-4.(E) 2·2004·A·XVI','Dated 17-3-2005.

1 · [(p~l) Obiamlng financial assistance-.from.the- Employees. State hisuran~ . Corporation OQ the basis of tax on foiged -doc:uments.] • .-. ·

1 · ((6)..i\n, employer shall not be comp'Ctcnt to initiate pro<;cedings against an employee-:-. · ·· . . · . · . .. . ..

4 · .•. Durationofemploym,1:11tfromdate ....... : : .. ... : : .. ............... t to ......... , ,_ . ......... : : . ... .

16 · Liability or the Manai:er.-' The MiUJa.Ser of the undenaking or in case -i_( the,c is no manager, the Maoagi~g Agents, the Managing Oiree1or o~ the Prop·rietor. or any person who has the ultimate control over the management of the· µndertaking sbail be held responsi~le .for the proper and faithful observance of these standing

17 · ~ ~ {~) Notice to be exhibited or given der thes~ standing orders ,shall be ih : a language understood by majority of emplo. ees, · ·