the industrial employment standing orders act, 1946 - copy

7/27/2019 The Industrial Employment Standing Orders Act, 1946 - Copy

1/23

THE INDUSTRIAL

EMPLOYMENT STANDING

ORDERS ACT, 1946

NIDHI SHUKLA

XISS


2/23

Importance No uniform practice governing the conditions

of service of workers

No clarity of rights and obligations of theemployer

in respect of terms of employment,friction/dispute between management and

worker Demand for statutory service conditions

raised by Bombay Cotton Textile workers in1927-28

The Bombay Industrial Disputes Act of 1938for the first time provided for statutorystanding orders.

The Labour Investigation Committeeemphasized the workers right to know the

terms & conditions of employment


3/23

Object of the Act

To require employers to define theconditions of work

To bring about uniformity in terms and

conditions of employment

To minimise industrial conflicts

To foster harmonious relations between

employers and employees.

To provide statutory sanctity andimportance to standing orders


4/23

Scope and Application

Section 1 Extends to the whole of India To every establishment wherein 100 or

more workmen are employed

On any day preceding twelve months

Once applicable to the establishment thenit continuous if the no. of workmenemployed gets reduced to less than 100

Provided that the app. Govt may, after

giving two months notice may apply theprovisions of the act to any industrialestablishment employing less than 100persons by notification in the off.gaz


5/23

Exemptions

Nothing in this Act shall apply toi) Any industry to which the provisions

of chapter VII of the BombayIndustrial Relations Act, 1946 apply

ii) Any industrial establishment towhich the Madhya PradeshIndustrial employment (standingorders) Act 1961 apply

Section 14 : the appropriate Govt. mayby not. In the off.gaz exempt ,conditionally on unconditionally, anyIndust. Est. or class of IA from all orany of the provisions of the Act.


6/23

Section 13-B

Act not to apply to certain IEs if toworkmen employed therein , the

Fundamental and Supplementary

Rules, or other Civil ServicesRules apply


7/23

Important Definitions

Section 2

Appropriate Government: StateGovernment, Central Government.

Certifying Officer: means LabourCommissioner/Regional LabourCommissioner and includes anyother officer appointed by theappropriate Government, bynotification in the Official Gazette to

perform such duties. Employer: owner of the

establishment


8/23

Industrial Establishment-2(e)

A factory defined in Section-2 (m) ofthe Factories Act, 1948 A railway defined in Railways Act,

1939 Establishment defined in thePayment of Wages Act, 1936Standing Orders The term Standing Orders meansrules relating to matters set out in

the Schedule of the Act.


9/23

Submission of Draft Standing Orders

Section 3

Obligatory on the part of an employer or a groupof employers to furnish 5 copies of the draftstanding orders

Within 6 months of the application of the Act theemployer shall submit the draft standing orders

Copies to be given to the certifying officer Draft has to enclose the prescribed particulars of

the workmen

The status and name of the trade unions to begiven.

It has to take all matters set out in the Schedule.

Subject to such conditions as may be prescribed,a group of employers in similar IEs may submit ajoint draft of SOs


10/23


11/23

ScheduleMatters to be contained in the Standing Orders Classification of the workmen : temporary, casual,apprentices Manner of intimating to workmen Shift working Attendance and late coming Conditions of, procedure in applying for, and the authoritywhich may grant leave and holidays Requirements to enter premises by certain gates andliability to search Closing and reopening of sections of the establishments,

temporary stoppages Suspension or dismissal for misconduct Acts and omissions which constitute misconduct Means of redress for workmen against unfair treatmentand wrongful exactions Any other matter specified by the app. govt


12/23

Procedure for Certification of Standing

Orders

Section 5

Copy of draft standing orders to be sent totrade union/workmen

Opportunity of hearing to tradeunion/workmen to be provided

Certification Certified standing orders have the force of

law and the violation of any provision shall betaken action

Standing orders to be applicable to all

present and future workmen Standing orders must confirm the model

standing order


13/23

Section 6- Appeal

Appeal Any employer, workman, trade union aggrieved by theorder of the certifying officer as per section 5(2) may,within 30 days from the date on which copies of thecertified standing orders sent to them, appeal to theAppellate Authority who makes an order in writing to eitherconfirm or modify and render the SO certifiable The AO within 7 days of its order being made, shall sendcopies thereof to CO , to the employer and to the TUDate of Operation of the Act (Section7)On the expiry of 30 days of the certification given bycertifying officerOrAfter the expiry of 7 days of the decision given by appellateauthority.


14/23

Section 8 & 9

8:- Register of SO : a copy of all SO scertified under the Act shall be filed bythe CO in a register in the prescribedform which shall be furnished on

applying therefor, on payment ofprescribed fee.

9: Posting of SO : the text of certified SOshall be prominently posted by theemployer in English and in the language

understood by the majority of hisworkmen on special boards maintainedfoe the purpose, at or near the entranceand in all departments where theworkmen are employed.


15/23

Section 10- duration and

modification1)SO, finally certified, shall not, except onagreement b/w the employer and the

workmen/TU/other representative body ofworkmen, be liable to modification, until theexpiry of six months from the date on whichthe SO or the last modification thereof cameinto operation

2) Modifications to be made only onagreement application along with theagreement to be made to the CO

3) Process of modification same as process ofcertification

4) For IE to which the app. Govts are the govtsof Gujarat & Maharastra the provisions ofSS(2) shall not apply

P t f S b i t


16/23

Payment of Subsistence

allowance

Section 10-A Payment of subsistence

allowance by an employer to aworkman who has been

suspended by the employer andhis investigation is pending

the allowance shall be at the rateof 50% of the wage for the first 90

days of suspension The allowance shall be 75% of the

wage after 90 days if theinvestigation is delayed due to

employer


17/23


18/23


19/23

Section 12

No oral evidence having the effectof adding to or otherwise varying

or contradicting SO as finally

certified under this Act shall be

admitted in any Court

12-A

1) temporary application of Model

Standing Orders

2) Ss 1) not to apply in case of

states of Gujarat and Maharastra


20/23

Section 13Penalties & Procedure:

1) An employer who fails to submit draftSO or modifies his SO otherwise than inaccordance with section 10fine up to5000/- ; continuing offence, up to 200/-for every day

2) Any act in contravention with the SOfinally certified, 100/-; continuingoffence- 25/- for every day

3) Prosecution foe offence under sec 13

with the previous sanction of the app.Govt.

4) No court inferior to that of aMetropolitan Magistrate to try anoffence under this section


21/23

Section 13-A

Interpretation of SO

Reference of any question arising as to theapplication or interpretation of thecertified SO can be referred to the Lab.

Court constituted under ID Act 1947, bythe employer, workman or a TU

-parties given opportunity to be heard

- Question decided by LC

- Decision final and binding on the parties- 13-Bnon applicability to IEs in which

persons employed are governed by CivilServices Rules


22/23

Section 14, 14-A

14- exemption by the app. Govt ofany IE or class of IEs from all orany of provisions of the Act

14-ADelegation of powers to any

such officer or authoritysubordinate to the app. Govt(Central or State as the case maybe) by the app. Govt. bynotification in the off. Gaz. Anypower exercisable by it under thisAct and Rules made thereunder


23/23

Section 15 Power to make Rules:

1) App govt , after previous publication, bynotification in the off. Gaz.

2) Rules about;

a) Addl matters to be included in the schedule& procedure to be followed in modifying theSO

b) Set out model SO

c) Prescribe procedure for appt of CO andappellate auth.

d) Prescribe fee charged for issue of copies ofSO

e) Provide for any other matter

Provided that for cl a) representatives ofboth employers and workmen shall be

consulted

the industrial employment standing orders act, 1946 - copy

Documents