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INDUSRIAL EMPLOYMENT STANDING ORDERS

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INDUSTRIAL EMPLOYMENT (STANDING ORDERS)

CENTRAL RULES, 1946

No. L.R. 11 (37), date the 18th December, 1946

In exercise of the powers conferred by Section 15, read with clause (b) of Section 2 of the Industrial employment (Standing Orders) Act, 1946 (XX of 1946), the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said Section 15, namely :

  1. (1)   These rules may be called the Industrial Employment (Standing Orders) Central Rules, 1946,

1[(2) They extend to all Union territories, and shall also apply in any State (other than a Union territory) to industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oilfield].

  • In these rules, unless there is anything repugnant in the subject or context :
  • ‘Act’ means the Industrial Employment (standing Orders) Act, 1946 (XX of 1946);
  • ‘Form’ means a form set out in Schedule II appended to these rules.

2[2-A. In the Schedule to the Act, after Item 10, the following additional matters which shall be applicable to industrial establishments in coal mines only, shall be inserted ,namely :-

10-A.  Additional matters to be provided in Standing Orders relating to  industrial establishments in coal mines

  • Medical aid in case of accident.
  • Railway travel facilities.
  • Method of filling vacancies.
  • Transfers.
  • Liability of manager of the establishment or mine.
  • Service certificate.
  • Exhibition and supply of Standing Orders.”]

3[3. (1) Save as other wise provided in sub-rule (2), the Model Standing Orders for the purposes of the Act shall be those set out in Schedule I appended to these rules.

(2) The Model Standing Orders for the purposes of the Act in respect of industrial establishment in coal mines shall be those set out in Schedule I- A appended to these rules.

  • An application for certification of standing orders shall be made in Form I.
  • The prescribed particulars of workmen for purposes of sub-section (3) of Section 3 of the Act shall be-

(1)  total number employed,

  • number of permanent workmen,

(3)  number of temporary workmen,

4[(3-A)  number of casual Workmen,]

  • number of badlis or substitutes,
  • number of probationers,
  • number of apprentices,
  • name of the trade union, or trade unions, if any, to which the workmen belong,
  • remarks.

6. As soon as may be after he receives an application under Rule 4 in respect of an industrial establishment, theCertifying Officer shall-

1 Subs. By  G.S.R. No. 208,  dated 31-1-1954.

2 Subs. by G.S.R. No. 732, dated 12-5-1971.

3 Subs. by G.S.R. No. 732, dated 12-5-19714.Added byS.R.O. No. 556, dated 24-2-1956.

(a) Where there is a trade union of the workmen, forward a copy of the draft standing orders to the trade union together with a notice in Form II;

(b) where there is no such trade union, call a meeting of the workmen to elect three representatives, to whom he shall, upon their election, forward a copy of the draft standing orders together with a notice in Form II.

7. Standing orders certified in pursuance of sub-section (3) of Section 5 or sub-section (2) of Section 6 of theAct shall be authenticated by the signature and seal of office of the Certifying Officer or the appellate authority as the case maybe, and shall be forwarded by such officer or authority within a week of authentication by registered letter post to the employer and to the trade union, or, as the case may be, the representatives of the workmen elected in pursuance of Rule. 6.

5[7-A. (1) Any person desiring to prefer an appeal in pursuance of sub-section (1) of Section 6 of the Act shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments or modifications, as the case may be. 6[The memorandum of appeal shall be in Form IV set out in Schedule II to these rules.]

  • The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the Certifying Officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
  • Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing or the appeal and direct notice thereof to be given—

(a)where the appeal is filed by the employer or a workman, to trade unions of the workmen of the industrial establishments, and where there are no such trade unions to the representatives of workmen elected under clause (b) of Rule 6, or as the case may be, to the employer ;

  • where the appeal is filed by a trade union, to the employer and all other trade unions of the workmen of the industrial establishment ;
  • where the appeal is filed by the representatives of the workmen, to the employer and any other workmen whom the appellate authority joins as a party to the appeal.
  • The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
  • The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the

appeal.

  • On the date fixed under sub-rule[ (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.]

8. The register required to be maintained by Section 8 of the Act shall be in Form III and shall be properlybound, and the Certifying Officer shall furnish a copy of standing orders approved for an industrial establishment to any person applying there for on payment 7[calculated at all following rates per copy-

  • for the first two hundred words or less, seventy-five paisa ;
  • for every additional one hundred words or fraction thereof, thirty-seven paisa :

Provided that, where the said standing orders exceeds five pages, the approximate number of words per page shall be taken as the basis for calculating the total number of words to the nearest hundred, for the purpose of assessing the copying fee.]

SCHEDULE I

8[MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING

INDUSTRIAL ESTABLISHMENTS IN COAL MINES]

1.   These orders shall come into force on………….

  • Ins by C.S.R 1166, dated 28th June 1963
  • Ins. by G.S.R. No. 732, dated 12-5-1971.
  • Subs. by Noti. No.G.S.R. 1573, dated 10-10-1967.

8 Subs. by G.S.R. No. 732, dated 12-5-1971

2.   Classification of workmen.–(a) Workmen shall be classified as —

  • permanent,
  • Probationers,
  • badlis,
  • temporary,
  • casual,

apprentices

3. Tickets.–(1) Every workman shall be given a permanent ticket unless he is a probationer,badli, temporaryworker or apprentice.

  • Publication of working time.–The periods and hours of work for all classes of workers in each shift shall beexhibited in English and in the principal languages of workman employed in the establishment on notice-boards maintained at or near the main entrance of the establishment and at the time-keeper’s office, if any.
  • Publication of holidays and pay-days.—Notices specifying (a) the days observed by the establishment asholidays, and (b) pay-days shall be pasted on the said notice-boards.
  • Publication of wage rates.—Notices’ specifying the rates of wages payable to all classes of workman and forall classes of work shall be displayed on the said notice-boards.

7. Shift working.–

7-A.    Notice of changes in shift workin

8. Attendance and late coming.–All workmen shall be at work at the time fixed and notified under Paragraph

9. Leave.–(1) Holidays with pay will be allowed as provided for in11[Chapter VIII of the Factories Act, 1948], and other holidays in accordance with law, contract, custom, and usage.

10. Casual leave

11. Payment of wages

12. Stoppage of work

13. Termination of employment

14. Disciplinary action for misconduct

15. Complaints

16. Certificate on termination of service

17. Liability of 17[employer]

18. Exhibition of standing orders

FORM

( See Standing Order 7-A)

Notice of discontinuance re-starting of a shift working to be given by an employer

Name of employer…………………………………………………………………………………….

Address………………………………………………………………………………………………..

Dated the…………………………………….day of………………………..19

In accordance with Standing Order No…………………………..of the standing order certified and approved in respect of my/our industrial establishment. I/we hereby give notice to all concerned that it is my our intention to discontinue re-start the shift working specified in the Annexure, with effect from………………………………

Signature……………………………..

Designation……………………………..

ANNEXURE

(Here specify the particulars of change in the shift working proposed to be effected.)

Copy forwarded to—

  • The Secretary of Registered Trade Union, if any
  • Conciliation Officer ( Central), (here enter office address of the Conciliation Officer in the local area concerned).
  • Regional Labour Commissioner (Central)……………Zone.
  • Chief Labour Commissioner (Central), New Delhi.

22[SCHEDULE I – A]

MODEL STANDING ORDERS FOR INDUSTRIAL ESTABLISHMENT IN COAL MINES

  1. These orders shall come into force on…………
  • 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 ;

  • The expression ‘employer’ and ‘workman’ shall have the meanings assigned to them in Section 2(d) and
  • respectively of the Industrial Employment (Standing Orders) Act, 1946 ;
  • ‘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 ;
  • words importing masculine gender shall be taken to include females ;
  • words in the singular shall include the plural and vice versa.
  • Classification of workmen.–(a) “Workmen” shall be classified as
  1. permanent ; (ii) Probationers ; (iii) badlis or substitute ; (iv) temporary ; (v) apprentices (vi) casual.

4. Every workman shall be given a ticket appropriate to his classification at the time of his appointment and shall, on being required to do so, show it to the person authorized by the employer in that behalf.

5. Display of notices.

6. Payment of wages

7. Shift working

8. Attendance

9. Absence from place of work

10. Festival holidays and leave

11. Medical aid in case of accident

12. Railway travel facilities

13. Termination of services

14. Stoppage of work and re-opening

15. Method of filling vacancies

16. Transfers

17. Disciplinary action for misconduct

18. Time-limit for making complaints, appeals, etc

19. Liability of manager of the mine

20. Service certificate

21. Entry and exit

22. Exhibition and supply of Standing Orders

23[SCHEDULE I-B

Model Standing Orders on additional items applicable to all industries

(1)  SERVICE RECORD

(2)  CONFIRMATION

(3)  AGE OF RETIREMENT

(4)  TRANSFER

(5)  MEDICAL AID IN CASE OF ACCIDENTS

(6)  MEDICAL EXAMINATION

(7)  SECRECY

(8) EXCLUSIVE SERVICE

SCHEDULE II

FORM I

[ Industrial Employment (Standing Orders) Act, 1946-Section 3]

Dated………………………………………………………………………………………………………………………………………………………………………. 20

To

The Certifying Officer

[Vide Notification No. L.R. 11(98), dated 25th July, 1953]. (Area)

(Place)

Sir,

Under the provisions of Section 3 of the Industrial Employment (Standing Order) Act, 1946, I enclose five copies of the draft Standing Orders proposed by me for adoption in

(Name)

(Place)                                                                                 (Postal address)

an industrial establishment owned/controlled by me, with the request that these orders may be certified under the term of the Act. I also enclose a statement giving the particulars prescribed in Rule 5 of the Industrial Employment (Standing Orders) Central Rules, 1946.

FORM III

[Industrial Employment (Standing Orders) Act, 1946-Section 8]

Register-Part I

Industrial Establishment

Serial Date of the Date of Date and Amendment Date of the Any notice Rwsult
No. dispatch of the filling appeal nature of make on dispatch of subsequently  
  copy of standing   decision appeal, if any the copy of given or  
  orders       the standing received of  
  authenticated       orders as any  
  under Section 5 for       settled on amendment  
  the first  time       appeal    
               

Part II

(Should contain the authenticated copy of the Standing Orders) 26[FORM IV]

[See Rule 7-A (1)]

(To be furnished in respect of each clause appealed against, separately)

  • Draft of the Standing Orders under appeal as submitted by the employers.
  • Objection made/modification suggested, if any, to the Draft Standing Order under appeal, by the Trade Union/Representatives of workmen.
  • Standing Order under appeal, as certified by the Certifying Officers.
  • Grounds of appeal by the employers/trade union/workmen’s representatives.]

27 [From IV-A

(See Standing Order 7-A of Schedule -I)

Notice of discontinuance/restarting of a shift working to be given by the /an employer.

Name of employer………………………………….

Address……………………………………………….

Date the ………………….day of ……………………20……………..

In accordance with Standing Order No…………………of the Standing Orders certified and approved in respect of my/our

industrial establishment, I/we hereby give notice to all concerned that it is my/our intention to discontinue/restart the shift working

specified in the Annexure with  effect from………………

Signature……………………..

Designation………………….

Annexure

(here specify the particulars of change in the shift working proposed to be effected). Copy forwarded to:-

  • The Secretary of registered trade union, if any.
  • The Assistant Labour Commissioner (Central)/Labour Employment Officer (Here enter officer address of the Assistant Labour Commissioner (Central)/ Labour Employment Officer in the local area concerned.)
  • The Regional  Labour Commissioner (Central) Zone.
  • The Chief Labour Commissioner (Central), New Delhi.]
  • Ins. by G.S.R. 732, dated 12-5-1971
  • 22a Ins. by G.S.R. 910, dated 10-8-1984

2328 [FORM V

(See Standing Order I, Schedule I-B)

Service Card

Name of Estt./Factory/

Ticket /Token No.

  1. Register Serial No.
  • Name
  • Specimen Signature/Thumb Impression.
  • Father’s or Husband’s name
  • Sex
  • Religion
  • Date of Birth
  • Place of Birth
  • Date of Joining
  1. Details of Medical certificate at the time of joining
  1. Educational and other qualifications
  1. Can Read
  1. Can Write
  1. Can Speak
  1. Height
  1. Identification Marks

17   Category of Workman

  1. Department
  1. Details of family members
  • Permanent Address
  • Local Address
  • Quarter No.
  • Life Insurance Policy No.
  • Provident Fund Account No.
  • Nominee for Gratuity
  • Nominee for pension, if any
  • Employees State Insurance No.
  • Training courses attended (details)
  • (Eligibility for higher jobs)
  • Proficiency tests passed.

31. EMPLOYMENT HISTORY

Department Token  No. Designation Scale of Pay Joined Left ( Reason)
1 2 3 4 5 6
           
      32. ABSENCE PERIODS
       
Form To Reason Medical reports regarding suitability
      for continued employment
       
  • Sick Leave
  • Earned Leave
  • Any other Leave

28 Ins. by G.S.R. 30(E), dated 17–1983.

  • Maternity Benefit
  • Workmen’s Compensation

Details of accidents :

  • Details of Disciplinary Action
  • Promotions
  • Details
  • Awards
  • Issue of Certificate of commendation
  • Date of superannuation
  • Any other matter.]

STATES RULES

For State Rules of Andhra Pradesh, Gujarat, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Punjab, Rajasthan and Tamil Nadu, see K.D. Srivastava’s Commentaries on Industrial Employment (Standing Orders) Act, 1946, 2nd Edn., 1982.

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