Industrial Employment (Standing Orders)
[Act No. 20 of 1946 As Amended by Acts Nos. 3 of 1951, 36 of 1956, 16 of 1961, 39 or 19632, 51 of 1970 and 18 of 19823]
[23rd April, 1946]
An Ac4t require employers in industrial establishments formally to define conditions of employment under them
Whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them.
It is hereby enacted as follow :
1. Short title, extent and application.- (1) This act may be called theIndustrial Employment (Standing Orders) Act, 1946.
(2) It extends to5[the whole of India 6[* * *].]
7[(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:
History of the Act.- The Act has been amended by the Indian Independence(Adaptation of Central Acts and Ordinances ) Order, 1943; The A.O. 1950; Act 3 of 1951; Act 36 of 1956; Act 16 of 1961; Act 39 of 1963; 51 of 1970 and 18 of 1982,
2. Interpretation.- In this Act, unless there is anything repugnant in the subject or context
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 this industrial establishment.
4. Conditions for certification of standing orders.–Standing orders shall becertifiable under this Act if–
- Subs. by S. 3, ibid, for “cl. (e) of sub- section (1) of S. 9, the Factories Act, 1934”.
- Subs. by Act No. 16 of 1961, S. 3, for sub clause (ii)
16 Subs by Act No. 18 of 1982 (w.e.f. 17-5-1982).
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
6. Appeals.–(1)18[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
7. Date of operation of standing orders.–Standing orders shall unless an appeal is preferred under Section 6
- Subs, by Act No. 36 of 1956, S. 32, for ‘shall not be the function”. (w.e.f. 17-9-1956),
- Subs, by Act No. 18 of 1982 (w.e.f. 17-5-1982).
- Subs, by Act No. 1 of 1961, s. 4, for twenty-one days”.
8. Register of standing orders
9. Posting of standing orders
10. Duration and modification of standing orders
10-A. Payment of subsistence allowance
- Ins. by Act No.18 of 1982 (w.e.f.17-5-1982).
- Subs, by Act No. 36 of 1956, S. 32, for the original sub-section (w.e.f. 17-9-956).
- Ins. by Act No.18 of 1982 (w.e.f.17-5-1982).
- Omitted by Act No. 39 of 963.
- Added by ibid.
Ins. by Act No. 18 of 1982 (w.e.f. 17-5-1982).
11. Certifying Officers and appellate authorities to have powers of Civil Court
12. Oral evidence in contradiction of standing orders not admissible
12-A. Temporary application of model standing orders
Added by ibid.
- The original S. 11 renumbered as sub-section (1) and sub-section (2) added by Act No. 39 of 1963
- Added by Act No. 39 of 1963.
13. Penalties and procedure
13-A. Interpretation, etc., of standing orders
13-B. Act not to apply to certain industrial establishments
- Sub., by Act no. 18 of 1982 (w.e.f. 17-5-1982)
- Ins. by Act No. 36 of 1956, S. 32 (w.e.f. 10.3.1957).
- Ins. by Act No.18 of 1982 (w.e.f. 17-5-1982).
14. Power of exempt
14-A. Delegation of powers
15. Power to make rules
32 Ins. by Act No. 16 of 1961, S. 5, and sub. by Act No. 39 of 1963.
- Ins.by S. 6 of Act No. 16 of 1961.
- Sub. By Act No. 18 of 1982 (w.e.f. 17-5-1982).
[See Sections 2 (g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER
- Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
- Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
- Shift working.
- Attendance and late coming.
- Conditions of, procedure in applying for, and the authority which may grant leave and holidays.
- Requirement to enter premises by certain gates, an liability to search.
- Closing and reporting of sections of the industrial establishment, temporary stoppages of work and the rights and liabilities of he employer and workmen arising there from.
- Termination of employment, and the notice thereof to be given by employer and workmen.
- Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
- Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
- Any other matter which may be prescribed.