THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 19461 In exercise of the powers conferred by section 15, read with clause (b) of
rules · 1946 · State unknown
Parent: THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 (495f265cbbc61e416d6dd313ac97b7937810d45b)
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Rule TOC
9 · Leave_ ~(1) Holidays with pay will be allowed as provided for in '[Chapter VIII of the Factories Act, 1948]and other holidays in accordance with law, contract, custom and usage: (2) A workman who desires to obtain leave of absence shall apply to the H[employer or any otherofficer ofthe industrialestablishmentspecifiedin thisbehalfby theemployer] who shallissue orders on the application withina week ofits submission Or twodays prior to the commencement of the leave applied for, whichever is earlier, provided that if the leaveapplied foris to commence on the dateoftheapplication or within three days thereof the order shallbe given on the same day: If the leaveasked foris granted,aleave pass shall be issued to the worker: If the leave is refused or postponed, the fact of such refusal or postponement and the reasons therefor shall be recorded in writing in register to be maintained for the purpose,and ifthe worker s0 desires,a copy of the entry in the register shall be supplied to him: If the workman after proceeding on leave desires an extension thereof,he shall apply to H[employer or the office specified in this behalfby the employer] who shall send written reply either granting Or refusing extension of leave to the workmanifhisaddress isavailableandifsuch replyislikely toreachhim before theexpiry granted to him . |: of the leave originally (3) If the workman remains absent beyond the period of leave originally granted or subsequentlyextended,heshalllosehis lienon his appointmentunlesshe (a) returns within 8 days. of the expiry of the leave, and (b) explains to the satisfaction of the "[employer or the officer specified in this behalfby the employer] his inability to return before the expiry ofhis leave. In case the workman loses his lien on his appointment,he shall be entitled to ' be kept on the badli list: 10. Casual leave _A workman may be granted casual leave of absence with or withoutpaynotexceeding 10 - days: in theaggregate ina calendaryear: Such leave shallnot be for more than three days ata time except in case of sickness. Such leave is intended to meetspecial circumstances which cannotbe foreseen Ordinarily,theprevious permission of the head of the departmentin the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall,as soon as may be practicable,beinformed in writing oftheabsence fromandoftheprobabledurationofsuch absence_ 11. Paymentofwages. (1) Any wages,dueto the workmanbutnot_ paid on the usual paydayon accountoftheirbeing unclaimed,shallbe paid) by theemployer onan unclaimed wage pay day- in each week, which shall be notified on the notice boards as aforesaid: (2) All workmen willbe paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable, according as the total number of workmen employed in the establishment does not or does exceed one thousand 12. Stoppage of work: (1) The employer may, at any time, in the event of fire , catastrophe, breakdown of machinery or stoppage of power supply, epidemics, civil commotion or other cause beyond his control, stop any section or sections of the establishment; wholly or partially for any period or periods without notice: (2) In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice board in the departments concerned ?[and atthe office of the employer and atthe time-keeper' s office, ifany],assoon as practicable; when work will be resumed and whether they are to remain Or leave their place of work: The workmen shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage: If the period of detention does not exceeds one hour the workmen so detained shallnotbe paid for the period ofdetention. Ifthe 'period € ofdetention . 1. Subs. by GSR 732, dated 12th May, 1971. . . ` . 2 Subs. by GSR 824, dated 30th June, 1975. . . . .
2 · Definition.-~In these orders, unless the context otherwise requires, a) "attendance means presence of the workman concerned at the place or places where by the terms of his employment he is required to report for work and getting his attendance marked; (b) the expression 'employer and workman' shall have the meanings assigned to them in section 2(d) and (i) respectively of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946); (c) 'Manager means the manager of the mine and includes an acting manager for the time being appointed in accordance with the provisions of the Mines Act; 1952 (35 of 1952); (d) words importing masculine gender shall be taken to include females; (e) words in the singular shall include the plural and vice versa. s 3. Classification of workmen. (a) Workmen' shall be classified as permanent; ' (ii) probationers; (iii) badlis or substitutes; 4. 1[#**] . . ( .. 4. (iv) temporary; . (v) apprentices; and ` . (vi) casual , . (b) A 'permanent' workman is one who is appointed for an unlimited period or who has satisfactorily put in three months continuous service in permanent post as probationer; (c) A 'probationer' is one who is provisionally employed to fill vacancy in permanent post and has not completed three months' service in that post unless the probationary period is extended. If a permanent workman is employed as a probationer in a new post; he may, atany time, during the probationary period not exceeding three months,be reverted tohis old permanentpost unless the probationary period is extended. (d) A 'badli' or substitute is one who is appointed in thepostofa permanentworkman ora 'probationerwhois temporarily absent;buthewould cease tobea'badli' on completion ofa continuous period of service of one year (190 attendances in the case of below ground workman and 240 attendances in the caseofany other workman) in the same postor other post Or posts in the same category or earlier if the post is vacated by the permanent workman or probationer_ A badli working in place of a probationer would be deemed to be permanent after completion of the probationary period. 4.. ` . , (e) A 'temporary' workman is a workman who has been engaged for work which is ofan essentially temporary nature likely tobe finished within a limited period. The period within which itislikely tobe finished should alsobe specified butitmay be extended from time to time, if necessary (f) An ' apprentice' isalearnerwhoiseither_ "paid;. anallowance ornot paid, anyallowance during the period ofhis training, which shall inter alia be specified in his term of contract (g) A 'casual' workman is a workman who has been engaged for work which is ofan essentially casual nature . ' | $ [ ` o ' (` ` '. . 1... ' Item (iiiA) omitted by G.SR 655(E), dated 10th October, 2007 (w.ef: 10-10-2007) . Earlier . ' it was inserted by G.SR 936(E), dated 10th December, 2003 (W.e.f: 10-12-2003). Item (iiiA), before omission, stood as under: '(iiiA) : . ` ' fixed term employment; . . . .
9 · Absence from place of work: Any workman, who after going underground or after coming tohis work in the departmentin which he is employed,is found absent from his proper place of work during working hours without "oableto besioea from the appropriate authority o without any sufficient reason shall be to be treated as absent for the period of his absence: 10.Festival holidays and leave. ~(a) There shall be seven paid festival holidays or as laid down in the agreement or an award in force: Out of these seven days, the Republic Day; Independence Dayand Mahatma Gandhi' s Birthday shallbeallowed withoutoption and the restofthe days shall be fixed by agreement or local custom. Whenever a workman has to work on any Of these holidays he Shall,athis option be entitled to either thrice the wages for the day: or twice the wages for the day e on whichhe works andin addition toavail himself of a substituted holiday with wages on any other day or as laid down in an agreement or an award in force: (b) (i) The workmen shall be entitled to leave with wages in accordance with the provision contained in Chapter VII of the Mines Act, 1952. (ii) Normally a workman will not be refused the leave applied for by him. But the employer may refuse,revoke or curtail theleave applied forby workman, iftheexigencies of work so demand Wages in lieu of leave shallbe paid toa workman, where he has been refused the leave asked forand in cases wherehe cannotaccumulate the leave any further_ Ifa workman is refused leave in a particular year in the interest of work,it would be open to him next year either to avail of leave on two occasions with the usual railway concessions Or in case he avails of leave on only one occasion, the railway fare for the unavailed trip would be paid tohim in the shape of National Savings / National Defence_ Certificates. (c) Quarantine leave shall be granted toa workman, who is prevented from attending tohis duty because of his coming into contact; through no fault of his Own, with a person suffering from contagious disease: The leave shall be granted for such period as is covered by a certificate from the Medical Officer of the mine. Payment for the period of quarantine leave shall be at the rate of 50 per cent: of the wages (basic plus dearness allowance) payable to a workman. Quarantine leave cannotbe claimed,ifa workman has refused to accept during the previous three months prophylactic treatment for the disease in question: . (d) A workman who desires to obtain leave of absence shall apply to the manager not less than fifteen days before the commencement of the leave, except where leave is required in unforeseen circumstances,and themanager shallissueorderson the application within a week of its submission or two days prior to the commencement of the leave applied for,whichever is earlier,provided thatif the leave applied for is to commence on the date of the application or within three days thereof, orders shall be given on the same day. If the leave asked for is granted, a leave-pass shall be given to the workman. If the leave is refused or postponed, the fact of such refusal or postponement and the reasons therefor shall be recorded in writing in a register to be maintained for the purpose,and if the worker s0 desires, a copY of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof, he shall apply to the manager, who shall send a written reply either granting or refusing extension ofieave to the workman. Sanction refusal of leave should be communicated to the workman in writing invariably. (e) If a workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose lien on his appointment unless he returns within ten days of expiry of his leave, and explains to the satisfaction of the manager his inability to return on the expiry of his leave: In case,the workmanloses asaforesaid,hislien on the appointment,heshallbeentitled to be kept on the 'badli list' _ (0) A workman may be granted casual leave of absence with pay not exceeding five days in the aggregate in a calendar year: Such leave shall not be for more than three days ata time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen Ordinarily, the previous permission of the head of the `" .
1 · Register Serial No. 2 Name Specimen Signature Thumb Impression Father' s or Husband' s name 5 Sex 6 _ Religion 7 . Date of Birth 8 _ Place of Birth 9_ Date of Joiviedical Certificate 10. Details of at the time of joining 11 Educational and other qualifications 12. Can Read 13. Can Write 14 Can Speak 15 . Height 16 Identification Marks 17. Category of Workman 18 . Department 19. Details of family members 20. Permanent Address 21. Local Address 22 Quarter No. 23 . Life Insurance Policy No_ 24 Provident Fund Account No: 25. Nominee for Gratuity 26. Nominee for Pension, if any 27 Employees" State Insurance No. 28. courses attended (details) 29 6 for higher jobs) 30_ tests passed 31 . Employment History Department Token No_ Designation Scale of Pay Joined 5
32 · Absence Periods