INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
(1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to1[the whole of India2[***]].
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 i
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 a2 [Railway administration] or in a major port, mine or oil-field, the Cen
(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
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 it1[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.
STATE AMENDMENT
2Maharashtra: Gujarat
Delete section 4.
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1. Substituted by Act 36 of 1956, Section 32, for "shall
(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.
(3) T
(1)1[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 may, within2[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 subsection (1), send copies thereof of the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, ac
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 subsection (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.
STATE AMENDMENTS
1Maharashtra: Gujarat
In section 7 and in the marginal note thereto, after the words "standing orders", insert the words "or amendments".
2Saurashtra Area (Gujarat)
In its application to the Saurashtra area of the State of Bombay, in section 7, sub-section (2) inserted by the Industrial Emplo
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.
STATE AMENDMENT
1Maharashtra: Gujarat
In section 8,--
(i) after the words "all standing orders", insert the words "or model standing orders together with all the amendments";
(ii) in the marginal note, after the words "standing orders", insert "and model standing orders together with all certified amendments".
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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 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.
STATE AMENDMENT
1Maharashtra: Gujarat
In section 9,--
(i) after the words "standing orders", insert the words "or model standing orders together with all the amendments";
(ii) in the marginal note, after the words "standing orders", insert the words "and model standing orders together with all certified amendment
(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 workman1[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 of3[***] the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen1[or a trade union or other representative body of the workmen] a certified copy of that agreement shall be filed along with the applica
The Industrial Employment (Standing Orders) Act, 1946 is a pivotal legislation aimed at ensuring uniformity and certainty in the conditions of employment within industrial establishments. It requires employers to define precisely the conditions of employment and make them known to workmen. Section 10 of this Act deals with the Duration and Modification of Standing Orders, providing a statutory mechanism for both employers and workmen (or their trade unions) to seek changes to certified standing orders after a prescribed period.
Section 10 of the Industrial Employment (Standing Orders) Act, 1946, provides:
While Section 10 itself does not prescribe punishment, the Act provides penalties under Section 13 for:
1[10A. Payment of subsistence allowance
(1) Where any workmen 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 suspension, 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)
1[(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 of2[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974)].
3[(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.]
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1. Section 11 re-numbered as sub-section (1) thereof by Act 39 of 1963, Sec
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.
STATE AMENDMENT
1Maharashtra: Gujarat
(i) In section 12, for the words "standing orders as finally certified under this Act", substitute the words "standing orders or the model standing orders, or model standing orders with all the amendments as finally certified under this Act, as the case may be".
(ii) in the marginal note, for the words "standing orders" substitute "standing orders, etc.".
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1. Vide Bombay Act 21 of 1958, Section 15 (w.e.f. 15-1-1959); Act 11 of 1960,
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
(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 or 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
Section 13 of the Industrial Employment (Standing Orders) Act, 1946, prescribes penalties and procedures for violations of certified standing orders, emphasizing the statutory nature of these orders and the consequences of contraventions. The section aims to ensure discipline, compliance, and enforcement of the terms and conditions of employment as laid down in certified standing orders.
Section 13 primarily deals with penalties for acts contravening certified standing orders, including failure to submit draft standing orders, acts in violation of certified orders, and modifications without proper procedure. It also specifies penalties such as fines and the obligation of employers to follow prescribed procedures.
"Statutory Binding" - Certified standing orders have the force of law binding on both employer and employees, and violations attract penalties under Section 13. [Section 13 of the Act]
"Penalties and Enforcement" - Failure to submit draft standing orders or acts contravening certified orders can result in fines up to Rs. 5,000, with each day of continued offence constituting a separate offence. [Section 13(1) and 13(2)]
"Procedural Compliance" - Employers must follow the prescribed procedures for submitting and modifying standing orders; failure to do so renders acts in contravention punishable. [Section 13(1)]
"Prior Sanction" - Prosecution under Section 13 requires prior approval from the appropriate government, ensuring oversight and control over criminal proceedings. [Section 13(3)]
"Continuing Offence" - Non-compliance or breach constitutes a continuing offence, leading to daily fines until compliance is achieved. [Section 13(2)]
"Enforcement Mechanism" - The law provides a robust enforcement mechanism through criminal penalties for acts in violation of certified orders, emphasizing the importance of compliance. [Section 13(2)]
"Legal Nature of Standing Orders" - Once certified, standing orders acquire statutory status, and breach of these orders is treated as a criminal offence, not merely a contractual breach. [Section 13, as reinforced by case law]
"Penalties for Contravention" - The penalties serve as a deterrent against violations and ensure discipline in industrial establishments. The continuous nature of offences warrants daily fines. [Section 13(2)]
"Role of Certifying Officer" - The certifying officer's role is crucial in scrutinizing draft standing orders and ensuring their compliance with statutory requirements before certification. [Section 3]
"Legal Consequences of Breach" - Acts in violation of certified standing orders are punishable offences, and such violations can be prosecuted in criminal courts, reinforcing the law's mandatory nature. [Section 13(2)]
"Scope of Penalties" - The law prescribes penalties for acts such as failure to submit draft orders, acts in violation of orders, or unauthorized modifications, highlighting the importance of procedural adherence. [Section 13(1) and 13(2)]
"Criminal Offence" - Breach of certified standing orders is a criminal offence, requiring prior approval for prosecution, thus integrating criminal law principles into industrial regulation. [Section 13(3)]
"Implication for Employers" - Employers must strictly adhere to the procedures for submission, certification, and modification of standing orders, as violations expose them to penalties and legal action. [Case law and statutory provisions]
"Case Law Reinforcement" - Courts have consistently held that violations of certified standing orders attract penalties, and acts in breach are null and void, emphasizing the statutory obligation. [Judgments cited in the sources]
"Role of the Law in Industrial Discipline" - Section 13 underscores the importance of statutory compliance in maintaining industrial discipline, with penalties acting as a deterrent against violations. [Legal principles derived from the Act]
"Legal Certainty and Enforcement" - The law provides clear procedures and penalties, ensuring legal certainty and effective enforcement of employment conditions in industrial establishments. [Case law and statutory interpretation]
This concise legal commentary underscores the statutory importance, scope, and penalties associated with violations of certified standing orders under Section 13 of the Industrial Employment (Standing Orders) Act, 1946, highlighting its role in maintaining industrial discipline and legal enforcement.
1[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 workman2[or a trade union or other representative body of the workmen] may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for 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.]
STATE AMENDMENT
3Maharashtra: Gujarat
In section 13A, after the words "
1 [13B. Act not to 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 Services) 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 as may be notified in this behalf by the appropriate Government in the Official Gazette, apply.]
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1.Inserted by Act 36 of 1957, Section 32 (w.e.f. 10-3-1957).
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.
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.]
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(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 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;
&n
THE SCHEDULE
[See sections 2(g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDER UNDER THIS ACT
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers,1 [badlis or fixed term employment].
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.
6. Requirement to enter premises by certain gates, and liability to search.
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