An Act to 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 follows:--
1.
Short title, extent and application.
1. Short title, extent and application.- (1) This Act may be
called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to the whole of India 2***
3*[(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:
Provided that the appropriate Government may, after giving not
less than two months' notice of its intention so to do, by
notification in the Official Gazette, apply the provisions of this Act
to any industrial establishment employing such number of persons less
than one hundred as may be specified in the notification.
4* * * * *
5*[(4) Nothing in this Act shall apply to--
(i) any industry to which the provisions of Chapter VII of
the Bombay Industrial Relations Act, 1946 (Bombay Act
11 of 1947.), apply; or
(ii) any industrial establishment to which the provisions of
the Madhya Pradesh Industrial Employment (Standing
Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961)
apply:
Provided that notwithstanding anything contained in the
Madhya Pradesh Industrial Employment (standing Orders)
Act, 1961 (Madhya Pradesh Act 26 of 1961),
---------------------------------------------------------------------
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of
1962, s. 3 and Sch., to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of
1963, s. 3 and Sch. I and to Laccadive, Minicoy and Amindivi Islands
by Reg. 8 of 1965, s. 3 and Sch.
Amended in Maharashtra by Maha. Act 54 of 1974.
Amended in Mysore by Mysore Act 37 of 1975.
Amended in Madras by Madras Act 24 of 1960.
Amended in Andhra Pradesh by A. P. Act 9 of 1969.
2. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971)
3. Subs. by Act 16 of 1961, s. 2, for sub-section (3).
4. Second proviso omitted by Act 39 of 1963, s. 2 (w.e.f. 23-12-
1963).
5 Ins. by s. 2, ibid, (w.e.f. 23-12-1963).
130
the provisions of this Act shall apply to all
industrial establishments under the control of the
Central Government.]
2.
Interpretation.
2. Interpretation.- In this Act, unless there is anything
repugnant in the subject or context,--
1*[(a) "appellate authority" means an authority appointed by
the appropriate Government by notification in the
Official Gazette to exercise in such area as may
be specified in the notification the functions of
an appellate authority under this Act:
Provided that in relation to an appeal pending before an
Industrial Court or other authority immediately
before the commencement of the Industrial
Employment (Standing Orders) Amendment Act, 1963
(39 of 1963), that Court or authority shall be
deemed to be the appellate authority;]
(b) "appropriate Government" means in respect of industrial
establishments under the control of the Central
Government or a 2*[Railway administration] or in a
major port, mine or oil-field, the Central Government,
and in all other cases, the State Government:
3*[Provided that where any question arises as to whether
any industrial establishment is under the control of
the Central Government, that Government may, either on
a reference made to it by the employer or the workman
or a trade union or other representative body of the
workmen, or on its own motion and after giving the
parties an opportunity of being heard, decide the
question and such decision shall be final and binding
on the parties;]
4*[(c) "Certifying Officer" means a Labour Commissioner or a
Regional Labour Commissioner, and includes any
other officer appointed by the appropriate
Government, by notification in the Official
Gazette, to perform all or any of the functions of
a Certifying Officer under this Act;]
(d) "employer" means the owner of an industrial
establishment to which this Act for the time being
applies, and includes--
(i) in a factory, any person named under
5*[clause (j) of sub-section (1) of section 7 of
the Factories Act, 1948 (63 of 1948),] as manager
of the factory;
(ii) in any industrial establishment under
the control of any department of any Government in
India, the authority appointed by such Government
in this behalf, or where no authority is so
appointed, the head of the department;
---------------------------------------------------------------------
1. Subs. by Act 39 of 1963, s. 3, for cl. (a) (w.e.f. 23-12-1963).
2. Subs. by the A. O. 1950, for "Federal railway".
3. Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
4. Subs. by Act 16 of 1961, s. 3, for cl. (c).
5. Subs. by s. 3, ibid, for "clause (e) of sub-section (1) of
section 9 of the Factories Act, 1934".
131
(iii) in any other industrial establishment,
any person responsible to the owner for the
supervision and control of the industrial
establishment;
(e) "industrial establishment" means--
(i) an industrial establishment as defined in
clause (ii) of section 2 of the Payment of Wages
Act, 1936 (4 of 1936), or
1*[(ii) a factory as defined in clause (m) of
section 2 of the Factories Act, 1948 (63 of 1948),
or]
(iii) a railway as defined in clause (4) of
section 2 of the Indian Railways Act, 1890 (9 of
1890), or
(iv) the establishment of a person who, for
the purpose of fulfilling a contract with the
owner of any industrial establishment, employs
workmen;
(f) "prescribed" means prescribed by rules made by the
appropriate Government under this Act;
(g) "standing orders" means rules relating to matters set
out in the Schedule;
(h) "trade union" means a trade union for the time being
registered under the Indian Trade Unions Act, 1926 (16
of 1926);
2*[(i) "wages" and "workman" have the meanings respectively
assigned to them in clauses (rr) and (s) of section 2 of the
Industrial Disputes Act, 1947 (14 of 1947)].
---------------------------------------------------------------------
1. Subs. by Act 16 of 1961, s. 3, for sub-clause (ii).
1934".
2. Subs. by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
132
3.
Submission of draft standing orders.
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.
4.
Conditions for certification of standing orders.
4. Conditions for certification of standing orders.- Standing
orders shall be certifiable under this Act if--
(a) provision is made therein for every matter set out in
the Schedule which is applicable to the industrial
establishment, and
(b) the standing orders are otherwise in conformity with theand it 1*[shall be the function] of the Certifying Officer or
appellate authority to adjudicate upon the fairness or reasonableness
of the provisions of any standing orders.
5.
Certification of standing orders.
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, to the workmen in such manner as may be prescribed,
together with a notice in the prescribed form requiring objections, if
any, which the workmen may desire to make to the draft standing orders
to be submitted to him within fifteen days from the receipt of the
notice.
(2) After giving the employer and the trade union or such other
representatives of the workmen as may be prescribed an opportunity of
being heard, the Certifying Officer shall decide whether or not any
modification of or addition to the draft submitted by the employer is
necessary to render the draft standing orders certifiable under this
Act, and shall make an order in writing accordingly.
---------------------------------------------------------------------
1. Subs. by Act 36 of 1956, s. 32, for "shall not be the function"
(w.e.f. 17-9-1956).
133
(3) The Certifying Officer shall thereupon certify the draft
standing orders, after making any modifications therein which his
order under sub-section (2) may require, and shall within seven days
thereafter send copies of the certified standing orders authenticated
in the prescribed manner and of his order under sub-section (2) to the
employer and to the trade union or other prescribed representatives of
the workmen.
6.
Appeals.
6. Appeals.- (1) 1*[Any employer, workman, trade union or other
prescribed representatives of the workmen] aggrieved by the order of
the Certifying Officer under sub-section (2) of section 5 may, within
2*[thirty days] from the date on which copies are sent under sub-
section (3) of that section, appeal to the appellate authority, and
the appellate authority, whose decision shall be final, shall by order
in writing confirm the standing orders either in the form certified by
the Certifying Officer or after amending the said standing orders by
making such modifications thereof or additions thereto as it thinks
necessary to render the standing orders certifiable under this Act.
(2) The appellate authority shall, within seven days of its order
under sub-section (1), send copies thereof of the Certifying Officer,
to the employer and to the trade union or other prescribed
representatives of the workmen, accompanied, unless it has confirmed
without amendment the standing orders as certified by the Certifying
Officer, by copies of the standing orders as certified by it and
authenticated in the prescribed manner.
7.
Date of operation of standing orders.
7. Date of operation of standing orders.-Standing orders shall,
unless an appeal is preferred under section 6, come into operation on
the expiry of thirty days from the date on which authenticated copies
thereof are sent under sub-section (3) of section 5, or where an
appeal as aforesaid is preferred, on the expiry of seven days from the
date on which copies of the order of the appellate authority are sent
under sub-section (2) of section 6.
8.
Register of standing orders.
8. Register of standing orders.- A copy of all standing orders as
finally certified under this Act shall be filed by the Certifying
Officer in a register in the prescribed form maintained for the
purpose, and the Certifying Officer shall furnish a copy thereof to
any person applying therefor on payment of the prescribed fee.
9.
Posting of standing orders.
9. Posting of standing orders.-The text of the standing orders as
finally certified under this Act shall be prominently posted by the
employer in English and in the language understood by the majority of
his workmen on special
---------------------------------------------------------------------
1. Subs. by Act 18 of 1982, s. 3 (w.e.f. 17-5-1982).
2. Subs. by Act 16 of 1961, s. 4, for "twenty-one days".
134
boards to be maintained for the purpose at or near the entrance
through which the majority of the workmen enter the industrial
establishment and in all departments thereof where the workmen are
employed.
10.
Duration and modification of standing orders.
10. Duration and modification of standing orders.- (1) Standing
orders finally certified under this Act shall not, except on agreement
between the employer and the workmen 1*[or a trade union or other
representative body of the workmen] be liable to modification until
the expiry of six months from the date on which the standing orders or
the last modifications thereof came into operation.
2*[(2) Subject to the provisions of sub-section (1), an employer
or workman 1*[or a trade union or other representative body of the
workmen] may apply to the Certifying Officer to have the standing
orders modified, and such application shall be accompanied by five
copies of 3*** the modifications proposed to be made, and where such
modifications are proposed to be made by agreement between the
employer and the workman 1*[or a trade union or other representative
body of the workmen], a certified copy of that agreement shall be
filed along with the application.]
(3) The foregoing provisions of this Act shall apply in respect
of an application under sub-section (2) as they apply to the
certification of the first standing orders.
4*[(4) Nothing contained in sub-section (2) shall apply to an
industrial establishment in respect of which the appropriate
Government is the Government of the State of Gujarat or the Government
of the State of Maharashtra.]
10A.
Payment of subsistence allowance.
5*[10A. Payment of subsistence allowance.-(1) Where any workman
is suspended by the employer pending investigation or inquiry into
complaints or charges of misconduct against him, the employer shall
pay to such workman subsistence allowance--
(a) at the rate of fifty per cent. of the wages which the
workman was entitled to immediately preceding the date of such
suspensions, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent. of such wages for
the remaining period of suspension if the delay in the completion
of disciplinary proceedings against such workman is not directly
attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance
payable to a workman under sub-section (1), the workman or the
employer concerned may refer the dispute to the Labour Court,
(14 of 1947) constituted under the Industrial Disputes Act, 1947,
within the local limits of whose jurisdiction the industrial
establishment wherein such workman is employed is situate and the
Labour Court to which the dispute is so referred shall, after giving
the parties an opportunity of being heard, decide the dispute and such
decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing
provisions of this section, where provisions relating to payment of
subsistence allowance under any other law for the time being in force
in any State are more beneficial than the provisions of this section,
the provisions of such other law shall be applicable to the payment of
subsistence allowance in that State.]
11.
Certifying officers and appellate authorities to have powers of CivilCourt.
11. Certifying officers and appellate authorities to have powers
of Civil Court.- 6*[(1)] Every Certifying Officer and appellate
authority shall have all the powers of a Civil Court for the purposes
of receiving evidence, administering oaths, enforcing the attendance
of witnesses, and compelling the discovery and production of
documents, and shall be deemed to be a Civil Court within the meaning
of 7*[sections 345 and 346 of the Code of Criminal Procedure, 1973
(2 of 1974)].
5*[(2) Clerical or arithmetical mistakes in any order passed by a
Certifying Officer or appellate authority, or errors arising therein
from any accidental slip or omission may, at any time, be corrected by
that Officer or authority or the successor in office of such Officer
or authority, as the case may be.]
---------------------------------------------------------------------
1. Ins. by Act 18 of 1982, s. 4. (w.e.f. 17-5-1982).
2. Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f.
17-9- 1956).
3. Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-
1963).
4. Ins. by s. 4, ibid, (w.e.f. 23-12-1963).
5. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982)
6. S. 11 re-numbered as sub-section (1) thereof by Act 39 of 1963,
s. 5 (w.e.f. 23-12-1963).
7. Subs. by Act 18 of 1982, s. 6 (w.e.f. 17-5-1982).
8. Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963)
135
12.
Oral evidence in contradiction of standing orders not admissible.
12. Oral evidence in contradiction of standing orders not
admissible.- No oral evidence having the effect of adding to or
otherwise varying or contradicting standing orders as finally
certified under this Act shall be admitted in any Court.
12A.
Temporary application of model standing orders.
1*[12A. Temporary application of model standing orders.- (1)
Notwithstanding anything contained in sections 3 to 12, for the period
commencing on the date on which this Act becomes applicable to an
industrial establishment and ending with the date on which the
standing orders as finally certified under this Act come into
operation under section 7 in that establishment, the prescribed model
standing orders shall be deemed to be adopted in that establishment,
and the provisions of section 9, sub-section (2) of section 13 and
section 13A shall apply to such model standing orders as they apply to
the standing orders so certified.
(2) Nothing contained in sub-section (1) shall apply to an
industrial establishment in respect of which the appropriate
Government is the Government of the State of Gujarat or the Government
of the State of Maharashtra.]
13.
Penalties and procedure.
13. Penalties and procedure.-(1) An employer who fails to submit
draft standing orders as required by section 3, or who modifies his
standing orders otherwise than in accordance with section 10, shall be
punishable with fine which may extend to five thousand rupees, and in
the case of a continuing offence with a further fine which may extend
to two hundred rupees for every day after the first during which the
offence continues.
(2) An employer who does any act in contravention of the standing
orders finally certified under this Act for his industrial
establishment shall be punishable with fine which may extend to one
hundred rupees, and in the case of a continuing offence with a further
fine which may extend to twenty-five rupees for every day after the
first during which the offence continues.
(3) No prosecution for an offence punishable under this section
shall be instituted except with the previous sanction of the
appropriate Government.
(4) No Court inferior to that of 2*[a Metropolitan Magistrate or
Judicial Magistrate of the second class] shall try any offence under
this section.
13A.
Interpretation, etc., of standing orders.
3*[13A. Interpretation, etc., of standing orders.-If any question
arises as to the application or interpretation of a standing order
certified under this Act, any employer or workman 4*[or a trade union
or other representative body of the workman] may refer the question
to any one of the Labour Courts constituted under the Industrial
Disputes Act, 1947 (14 of 1947), and specified for
---------------------------------------------------------------------
1. Ins. by Act 39 of 1963, s. 6 (w.e.f. 23-12-1963).
2. Subs. by Act 18 of 1982, s. 7 (w.e.f. 17-5-1982).
3. Ins. by Act 36 of 1956, s. 32 (w.e.f. 10-3-1957).
4. Ins. by Act 18 of 1982), s. 8 w.e.f. 17-5-1982).
136
the disposal of such proceeding by the appropriate Government by
notification in the Official Gazette, and the Labour Court to which
the question is so referred shall, after giving the parties an
opportunity of being heard, decide the question and such decision
shall be final and binding on the parties.
13B.
Act not be apply to certain industrial establishments.
13B. Act not be apply to certain industrial establishments.-
Nothing in this Act shall apply to an industrial establishment in so
far as the workmen employed therein are persons to whom the
Fundamental and Supplementary Rules, Civil Services (Classification,
Control and Appeal) Rules, Civil Services (Temporary Service) Rules,
Revised Leave Rules, Civil Service Regulations, Civilians in Defence
Service (classification, Control and Appeal) Rules or the Indian
Railway Establishment Code or any other rules or regulations that may
be notified in this behalf by the appropriate Government in the
Official Gazette, apply.]
14.
Power to exempt.
14. Power to exempt.- The appropriate Government may by
notification in the Official Gazette exempt, conditionally or
unconditionally any industrial establishment or class of industrial
establishments from all or any of the provisions of this Act.
14A.
Delegation of powers.
1*[14A. Delegation of powers.- The appropriate Government may by
notification in the Official Gazette, direct that any power
exercisable by it under this Act or any rules made thereunder shall,
in relation to such matters and subject to such conditions, if any, as
may be specified in the direction, be exercisable also--
(a) where the appropriate Government is the Central
Government, by such officer or authority subordinate to
the Central Government or by the State Government or by
such officer or authority subordinate to the State
Government, as may be specified in the notification;
(b) where the appropriate Government is a State Government,
by such officer or authority subordinate to the State
Government as may be specified in the notification.]
15.
Power to make rules.
15. Power to make rules.- (1) The appropriate Government may,
after previous publication, by notification in the Official Gazette
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may--
(a) prescribe additional matters to be included in the
Schedule, and the procedure to be followed in modifying
standing.
---------------------------------------------------------------------
1. Subs. by Act 39 of 1963, s. 7 (w.e.f. 23-12-1963), for s. 41A
ins. by Act 16 of 1961, s. 5.
136A
orders certified under this Act in accordance with any
such addition;
(b) set out model standing orders for the purposes of this
Act;
(c) prescribe the procedure of Certifying Officers and
appellate authorities;
(d) prescribe the fee which may be charged for copies of
standing orders entered in the register of standing
orders;
(e) provide for any other matter which is to be or may be
prescribed:
Provided that before any rules are made under clause (a)
representatives of both employers and workmen shall be consulted by
the appropriate Government.
1*[(3) Every rule made by the Central Government under this
section shall be laid as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of
thirty days which may be comprised in one session or 2*[ in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid ] both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so however that nay such modification or annulment
shall be without prejudice to the validity of anything previously done
under that rule.]
SCHE
THE SCHEDULE
THE SCHEDULE
[See sections 2 (g) and 3 (2).]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER THIS ACT
1. Classification of workmen, e. g., whether permanent,
temporary, apprentices, probationers, or badlis.
2. Manner of intimating to workmen periods and hours of work,
holidays, pay-days and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority
which may grant, leave and holidays.
---------------------------------------------------------------------
1. Ins. by Act 16 of 1961, s. 6.
2. Subs. by Act 18 of 1982, s. 9 (w.e.f. 17-5-1982)
136B
6. Requirement to enter premises by certain gates, and liability
to search.
7. Closing and reopening of sections of the industrial
establishment, and temporary stoppages of work and the rights and
liabilities of the employer and workmen arising therefrom.
8. Termination of employment, and the notice thereof to be given
by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions
which constitute misconduct.
10. Means of redress for workmen against unfair treatment or
wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.
THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946,
#
ACT NO. 20 OF 1946 1*
$
[23rd April, 1946.]
+
An Act to 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 follows:--
1.
Short title, extent and application.
1. Short title, extent and application.- (1) This Act may be
called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to the whole of India 2***
3*[(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:
Provided that the appropriate Government may, after giving not
less than two months' notice of its intention so to do, by
notification in the Official Gazette, apply the provisions of this Act
to any industrial establishment employing such number of persons less
than one hundred as may be specified in the notification.
4* * * * *
5*[(4) Nothing in this Act shall apply to--
(i) any industry to which the provisions of Chapter VII of
the Bombay Industrial Relations Act, 1946 (Bombay Act
11 of 1947.), apply; or
(ii) any industrial establishment to which the provisions of
the Madhya Pradesh Industrial Employment (Standing
Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961)
apply:
Provided that notwithstanding anything contained in the
Madhya Pradesh Industrial Employment (standing Orders)
Act, 1961 (Madhya Pradesh Act 26 of 1961),
---------------------------------------------------------------------
1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of
1962, s. 3 and Sch., to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of
1963, s. 3 and Sch. I and to Laccadive, Minicoy and Amindivi Islands
by Reg. 8 of 1965, s. 3 and Sch.
Amended in Maharashtra by Maha. Act 54 of 1974.
Amended in Mysore by Mysore Act 37 of 1975.
Amended in Madras by Madras Act 24 of 1960.
Amended in Andhra Pradesh by A. P. Act 9 of 1969.
2. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971)
3. Subs. by Act 16 of 1961, s. 2, for sub-section (3).
4. Second proviso omitted by Act 39 of 1963, s. 2 (w.e.f. 23-12-
1963).
5 Ins. by s. 2, ibid, (w.e.f. 23-12-1963).
130
the provisions of this Act shall apply to all
industrial establishments under the control of the
Central Government.]
2.
Interpretation.
2. Interpretation.- In this Act, unless there is anything
repugnant in the subject or context,--
1*[(a) "appellate authority" means an authority appointed by
the appropriate Government by notification in the
Official Gazette to exercise in such area as may
be specified in the notification the functions of
an appellate authority under this Act:
Provided that in relation to an appeal pending before an
Industrial Court or other authority immediately
before the commencement of the Industrial
Employment (Standing Orders) Amendment Act, 1963
(39 of 1963), that Court or authority shall be
deemed to be the appellate authority;]
(b) "appropriate Government" means in respect of industrial
establishments under the control of the Central
Government or a 2*[Railway administration] or in a
major port, mine or oil-field, the Central Government,
and in all other cases, the State Government:
3*[Provided that where any question arises as to whether
any industrial establishment is under the control of
the Central Government, that Government may, either on
a reference made to it by the employer or the workman
or a trade union or other representative body of the
workmen, or on its own motion and after giving the
parties an opportunity of being heard, decide the
question and such decision shall be final and binding
on the parties;]
4*[(c) "Certifying Officer" means a Labour Commissioner or a
Regional Labour Commissioner, and includes any
other officer appointed by the appropriate
Government, by notification in the Official
Gazette, to perform all or any of the functions of
a Certifying Officer under this Act;]
(d) "employer" means the owner of an industrial
establishment to which this Act for the time being
applies, and includes--
(i) in a factory, any person named under
5*[clause (j) of sub-section (1) of section 7 of
the Factories Act, 1948 (63 of 1948),] as manager
of the factory;
(ii) in any industrial establishment under
the control of any department of any Government in
India, the authority appointed by such Government
in this behalf, or where no authority is so
appointed, the head of the department;
---------------------------------------------------------------------
1. Subs. by Act 39 of 1963, s. 3, for cl. (a) (w.e.f. 23-12-1963).
2. Subs. by the A. O. 1950, for "Federal railway".
3. Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
4. Subs. by Act 16 of 1961, s. 3, for cl. (c).
5. Subs. by s. 3, ibid, for "clause (e) of sub-section (1) of
section 9 of the Factories Act, 1934".
131
(iii) in any other industrial establishment,
any person responsible to the owner for the
supervision and control of the industrial
establishment;
(e) "industrial establishment" means--
(i) an industrial establishment as defined in
clause (ii) of section 2 of the Payment of Wages
Act, 1936 (4 of 1936), or
1*[(ii) a factory as defined in clause (m) of
section 2 of the Factories Act, 1948 (63 of 1948),
or]
(iii) a railway as defined in clause (4) of
section 2 of the Indian Railways Act, 1890 (9 of
1890), or
(iv) the establishment of a person who, for
the purpose of fulfilling a contract with the
owner of any industrial establishment, employs
workmen;
(f) "prescribed" means prescribed by rules made by the
appropriate Government under this Act;
(g) "standing orders" means rules relating to matters set
out in the Schedule;
(h) "trade union" means a trade union for the time being
registered under the Indian Trade Unions Act, 1926 (16
of 1926);
2*[(i) "wages" and "workman" have the meanings respectively
assigned to them in clauses (rr) and (s) of section 2 of the
Industrial Disputes Act, 1947 (14 of 1947)].
---------------------------------------------------------------------
1. Subs. by Act 16 of 1961, s. 3, for sub-clause (ii).
1934".
2. Subs. by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
132
3.
Submission of draft standing orders.
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.
4.
Conditions for certification of standing orders.
4. Conditions for certification of standing orders.- Standing
orders shall be certifiable under this Act if--
(a) provision is made therein for every matter set out in
the Schedule which is applicable to the industrial
establishment, and
(b) the standing orders are otherwise in conformity with the
provisions of this Act;
and it 1*[shall be the function] of the Certifying Officer or
appellate authority to adjudicate upon the fairness or reasonableness
of the provisions of any standing orders.
5.
Certification of standing orders.
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, to the workmen in such manner as may be prescribed,
together with a notice in the prescribed form requiring objections, if
any, which the workmen may desire to make to the draft standing orders
to be submitted to him within fifteen days from the receipt of the
notice.
(2) After giving the employer and the trade union or such other
representatives of the workmen as may be prescribed an opportunity of
being heard, the Certifying Officer shall decide whether or not any
modification of or addition to the draft submitted by the employer is
necessary to render the draft standing orders certifiable under this
Act, and shall make an order in writing accordingly.
---------------------------------------------------------------------
1. Subs. by Act 36 of 1956, s. 32, for "shall not be the function"
(w.e.f. 17-9-1956).
133
(3) The Certifying Officer shall thereupon certify the draft
standing orders, after making any modifications therein which his
order under sub-section (2) may require, and shall within seven days
thereafter send copies of the certified standing orders authenticated
in the prescribed manner and of his order under sub-section (2) to the
employer and to the trade union or other prescribed representatives of
the workmen.
6.
Appeals.
6. Appeals.- (1) 1*[Any employer, workman, trade union or other
prescribed representatives of the workmen] aggrieved by the order of
the Certifying Officer under sub-section (2) of section 5 may, within
2*[thirty days] from the date on which copies are sent under sub-
section (3) of that section, appeal to the appellate authority, and
the appellate authority, whose decision shall be final, shall by order
in writing confirm the standing orders either in the form certified by
the Certifying Officer or after amending the said standing orders by
making such modifications thereof or additions thereto as it thinks
necessary to render the standing orders certifiable under this Act.
(2) The appellate authority shall, within seven days of its order
under sub-section (1), send copies thereof of the Certifying Officer,
to the employer and to the trade union or other prescribed
representatives of the workmen, accompanied, unless it has confirmed
without amendment the standing orders as certified by the Certifying
Officer, by copies of the standing orders as certified by it and
authenticated in the prescribed manner.
7.
Date of operation of standing orders.
7. Date of operation of standing orders.-Standing orders shall,
unless an appeal is preferred under section 6, come into operation on
the expiry of thirty days from the date on which authenticated copies
thereof are sent under sub-section (3) of section 5, or where an
appeal as aforesaid is preferred, on the expiry of seven days from the
date on which copies of the order of the appellate authority are sent
under sub-section (2) of section 6.
8.
Register of standing orders.
8. Register of standing orders.- A copy of all standing orders as
finally certified under this Act shall be filed by the Certifying
Officer in a register in the prescribed form maintained for the
purpose, and the Certifying Officer shall furnish a copy thereof to
any person applying therefor on payment of the prescribed fee.
9.
Posting of standing orders.
9. Posting of standing orders.-The text of the standing orders as
finally certified under this Act shall be prominently posted by the
employer in English and in the language understood by the majority of
his workmen on special
---------------------------------------------------------------------
1. Subs. by Act 18 of 1982, s. 3 (w.e.f. 17-5-1982).
2. Subs. by Act 16 of 1961, s. 4, for "twenty-one days".
134
boards to be maintained for the purpose at or near the entrance
through which the majority of the workmen enter the industrial
establishment and in all departments thereof where the workmen are
employed.
10.
Duration and modification of standing orders.
10. Duration and modification of standing orders.- (1) Standing
orders finally certified under this Act shall not, except on agreement
between the employer and the workmen 1*[or a trade union or other
representative body of the workmen] be liable to modification until
the expiry of six months from the date on which the standing orders or
the last modifications thereof came into operation.
2*[(2) Subject to the provisions of sub-section (1), an employer
or workman 1*[or a trade union or other representative body of the
workmen] may apply to the Certifying Officer to have the standing
orders modified, and such application shall be accompanied by five
copies of 3*** the modifications proposed to be made, and where such
modifications are proposed to be made by agreement between the
employer and the workman 1*[or a trade union or other representative
body of the workmen], a certified copy of that agreement shall be
filed along with the application.]
(3) The foregoing provisions of this Act shall apply in respect
of an application under sub-section (2) as they apply to the
certification of the first standing orders.
4*[(4) Nothing contained in sub-section (2) shall apply to an
industrial establishment in respect of which the appropriate
Government is the Government of the State of Gujarat or the Government
of the State of Maharashtra.]
10A.
Payment of subsistence allowance.
5*[10A. Payment of subsistence allowance.-(1) Where any workman
is suspended by the employer pending investigation or inquiry into
complaints or charges of misconduct against him, the employer shall
pay to such workman subsistence allowance--
(a) at the rate of fifty per cent. of the wages which the
workman was entitled to immediately preceding the date of such
suspensions, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent. of such wages for
the remaining period of suspension if the delay in the completion
of disciplinary proceedings against such workman is not directly
attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance
payable to a workman under sub-section (1), the workman or the
employer concerned may refer the dispute to the Labour Court,
(14 of 1947) constituted under the Industrial Disputes Act, 1947,
within the local limits of whose jurisdiction the industrial
establishment wherein such workman is employed is situate and the
Labour Court to which the dispute is so referred shall, after giving
the parties an opportunity of being heard, decide the dispute and such
decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing
provisions of this section, where provisions relating to payment of
subsistence allowance under any other law for the time being in force
in any State are more beneficial than the provisions of this section,
the provisions of such other law shall be applicable to the payment of
subsistence allowance in that State.]
11.
Certifying officers and appellate authorities to have powers of CivilCourt.
11. Certifying officers and appellate authorities to have powers
of Civil Court.- 6*[(1)] Every Certifying Officer and appellate
authority shall have all the powers of a Civil Court for the purposes
of receiving evidence, administering oaths, enforcing the attendance
of witnesses, and compelling the discovery and production of
documents, and shall be deemed to be a Civil Court within the meaning
of 7*[sections 345 and 346 of the Code of Criminal Procedure, 1973
(2 of 1974)].
5*[(2) Clerical or arithmetical mistakes in any order passed by a
Certifying Officer or appellate authority, or errors arising therein
from any accidental slip or omission may, at any time, be corrected by
that Officer or authority or the successor in office of such Officer
or authority, as the case may be.]
---------------------------------------------------------------------
1. Ins. by Act 18 of 1982, s. 4. (w.e.f. 17-5-1982).
2. Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f.
17-9- 1956).
3. Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-
1963).
4. Ins. by s. 4, ibid, (w.e.f. 23-12-1963).
5. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982)
6. S. 11 re-numbered as sub-section (1) thereof by Act 39 of 1963,
s. 5 (w.e.f. 23-12-1963).
7. Subs. by Act 18 of 1982, s. 6 (w.e.f. 17-5-1982).
8. Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963)
135
12.
Oral evidence in contradiction of standing orders not admissible.
12. Oral evidence in contradiction of standing orders not
admissible.- No oral evidence having the effect of adding to or
otherwise varying or contradicting standing orders as finally
certified under this Act shall be admitted in any Court.
12A.
Temporary application of model standing orders.
1*[12A. Temporary application of model standing orders.- (1)
Notwithstanding anything contained in sections 3 to 12, for the period
commencing on the date on which this Act becomes applicable to an
industrial establishment and ending with the date on which the
standing orders as finally certified under this Act come into
operation under section 7 in that establishment, the prescribed model
standing orders shall be deemed to be adopted in that establishment,
and the provisions of section 9, sub-section (2) of section 13 and
section 13A shall apply to such model standing orders as they apply to
the standing orders so certified.
(2) Nothing contained in sub-section (1) shall apply to an
industrial establishment in respect of which the appropriate
Government is the Government of the State of Gujarat or the Government
of the State of Maharashtra.]
13.
Penalties and procedure.
13. Penalties and procedure.-(1) An employer who fails to submit
draft standing orders as required by section 3, or who modifies his
standing orders otherwise than in accordance with section 10, shall be
punishable with fine which may extend to five thousand rupees, and in
the case of a continuing offence with a further fine which may extend
to two hundred rupees for every day after the first during which the
offence continues.
(2) An employer who does any act in contravention of the standing
orders finally certified under this Act for his industrial
establishment shall be punishable with fine which may extend to one
hundred rupees, and in the case of a continuing offence with a further
fine which may extend to twenty-five rupees for every day after the
first during which the offence continues.
(3) No prosecution for an offence punishable under this section
shall be instituted except with the previous sanction of the
appropriate Government.
(4) No Court inferior to that of 2*[a Metropolitan Magistrate or
Judicial Magistrate of the second class] shall try any offence under
this section.
13A.
Interpretation, etc., of standing orders.
3*[13A. Interpretation, etc., of standing orders.-If any question
arises as to the application or interpretation of a standing order
certified under this Act, any employer or workman 4*[or a trade union
or other representative body of the workman] may refer the question
to any one of the Labour Courts constituted under the Industrial
Disputes Act, 1947 (14 of 1947), and specified for
---------------------------------------------------------------------
1. Ins. by Act 39 of 1963, s. 6 (w.e.f. 23-12-1963).
2. Subs. by Act 18 of 1982, s. 7 (w.e.f. 17-5-1982).
3. Ins. by Act 36 of 1956, s. 32 (w.e.f. 10-3-1957).
4. Ins. by Act 18 of 1982), s. 8 w.e.f. 17-5-1982).
136
the disposal of such proceeding by the appropriate Government by
notification in the Official Gazette, and the Labour Court to which
the question is so referred shall, after giving the parties an
opportunity of being heard, decide the question and such decision
shall be final and binding on the parties.
13B.
Act not be apply to certain industrial establishments.
13B. Act not be apply to certain industrial establishments.-
Nothing in this Act shall apply to an industrial establishment in so
far as the workmen employed therein are persons to whom the
Fundamental and Supplementary Rules, Civil Services (Classification,
Control and Appeal) Rules, Civil Services (Temporary Service) Rules,
Revised Leave Rules, Civil Service Regulations, Civilians in Defence
Service (classification, Control and Appeal) Rules or the Indian
Railway Establishment Code or any other rules or regulations that may
be notified in this behalf by the appropriate Government in the
Official Gazette, apply.]
14.
Power to exempt.
14. Power to exempt.- The appropriate Government may by
notification in the Official Gazette exempt, conditionally or
unconditionally any industrial establishment or class of industrial
establishments from all or any of the provisions of this Act.
Delegation of powers.
1*[14A. Delegation of powers.- The appropriate Government may by
notification in the Official Gazette, direct that any power
exercisable by it under this Act or any rules made thereunder shall,
in relation to such matters and subject to such conditions, if any, as
may be specified in the direction, be exercisable also--
(a) where the appropriate Government is the Central
Government, by such officer or authority subordinate to
the Central Government or by the State Government or by
such officer or authority subordinate to the State
Government, as may be specified in the notification;
(b) where the appropriate Government is a State Government,
by such officer or authority subordinate to the State
Government as may be specified in the notification.]
15.
Power to make rules.
15. Power to make rules.- (1) The appropriate Government may,
after previous publication, by notification in the Official Gazette
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may--
(a) prescribe additional matters to be included in the
Schedule, and the procedure to be followed in modifying
standing.
---------------------------------------------------------------------
1. Subs. by Act 39 of 1963, s. 7 (w.e.f. 23-12-1963), for s. 41A
ins. by Act 16 of 1961, s. 5.
136A
orders certified under this Act in accordance with any
such addition;
(b) set out model standing orders for the purposes of this
Act;
(c) prescribe the procedure of Certifying Officers and
appellate authorities;
(d) prescribe the fee which may be charged for copies of
standing orders entered in the register of standing
orders;
(e) provide for any other matter which is to be or may be
prescribed:
Provided that before any rules are made under clause (a)
representatives of both employers and workmen shall be consulted by
the appropriate Government.
1*[(3) Every rule made by the Central Government under this
section shall be laid as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of
thirty days which may be comprised in one session or 2*[ in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid ] both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so however that nay such modification or annulment
shall be without prejudice to the validity of anything previously done
under that rule.]
SCHE
THE SCHEDULE
THE SCHEDULE
[See sections 2 (g) and 3 (2).]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER THIS ACT
1. Classification of workmen, e. g., whether permanent,
temporary, apprentices, probationers, or badlis.
2. Manner of intimating to workmen periods and hours of work,
holidays, pay-days and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority
which may grant, leave and holidays.
---------------------------------------------------------------------
1. Ins. by Act 16 of 1961, s. 6.
2. Subs. by Act 18 of 1982, s. 9 (w.e.f. 17-5-1982)
136B
6. Requirement to enter premises by certain gates, and liability
to search.
7. Closing and reopening of sections of the industrial
establishment, and temporary stoppages of work and the rights and
liabilities of the employer and workmen arising therefrom.
8. Termination of employment, and the notice thereof to be given
by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions
which constitute misconduct.
10. Means of redress for workmen against unfair treatment or
wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.
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