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Orissa Industrial Employment Standing Orders Rules, 1946

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R.1 .

       (1) These rules may be called the Orissa Industrial Employment (Standing Orders) Rules, 1946.
        (2) They shall apply to industrial establishments under the control of the Provincial Government.


R.2 .

       In these rules unless there is anything repugnant in the subject or context -
       (a) "Act" means the Industrial Employment (Standing Orders) Act, 1946;
       (b) "Form" means a form set out in the Schedule II appended to these rules.


R.3 .

       The model Standing Orders for the purposes of the Act shall be those set out in Schedule I 1[and Schedule I-A] appended to these rules.
1. Inserted vide Orissa Gazette Ext. No. 1179/2-9-1986.


R.4 .

An application for certification of Standing Orders shall be made in Form I.


R.5 .

       The prescribed particulars of workmen, for the purposes of Sub-section (3) of Section 3 of the Act shall be-
       (1) Total number employed;
       (2) Number of permanent workmen;
       (3) Number of temporary workmen;
       (3-A) Number of casual workmen;
       (4) Number of badlis or substitutes;
       2[4-A Number of fixed term employment workmen.]
       (5) Number of probationers;
       (6) Number of apprentices;
       (7) Name of the trade union or trade unions, if any, to which the workmen belong;
       (8) Remarks.
2. Inserted vide

R.6 .

       As soon as may be after he receives an application under Rule 4 in respect of industrial establishment the certifying officer shall-
       (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, hold election of three representatives by the workmen from among themselves or authorise any officer in working to hold such election, and thereupon shall forward a copy of the draft Standing Orders together with a notice in Form II to the representatives so elected.


R.7 .

       Standing Orders certified in pursuance of Sub-section (3) of Section 5 or Sub-section (2) of Section 6 of the Act shall be authenticated by the signature and seal of office of the certifying officer or the appellate authority, as the case may be, and shall be forwarded by such officer or authority within a week of authentication by registered letter posted to the employer and to the trade union, or as the case may be, representatives of the workmen elected in pursuance of Rule 6.


R.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 quadruplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments or modifications, as the case may be.
        (2) The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments, or modification 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.
        (3) Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing of the appeal and direct notice thereof

R.8 .

       The register required to be maintained by Section 8 of the Act shall be in Form III and shall be properly bound and the certifying officer shall furnish a copy of standing orders approved for an industrial establishment
       (i) for the first 200 words or less, 75 paise;
       (ii) for every additional 100 words or fraction thereof 37 paise :
        Provided that where the said Standing Orders exceed 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.


Sch.1 SCHEDULE

       1Model Standing Orders for Workmen
        1. These orders shall come into force on.........
        2. Classification of workmen-(a) Workmen shall be classified as :
       (1) permanent;
       (2) probationers;
       (3) bodlis;
       2[3-A fixed term employment;]
       (4) temporary;
       (5) casual;
       (6) apprentices.
        (b) A "permanent" workman is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in th

Sch.1(A) SCHEDULE

       Model Standing Orders for Working Journalists
        1. Commencement-These orders shall come into force on.........
        2. Classification of working journalists-Working journalists shall be classified as :
       1. Apprentices;
       2. Part-time;
       3. Permanent;
       4. Probationers;
       5. Temporary.
        3. Definitions-In these Standing Orders-
       (a) an "apprentice working journalist" means a learner who is either paid or not paid any allowance during the period of his training, which shall not exceed one year;
       (b) a "

Sch.2 SCHEDULE

       FORM I
       [Industrial Employment (Standing Orders) Act, 1946-Section 3]
        Dated........... 20......
       To
        The Certifying Officer, Government of Orissa.
        Under the provisions of Section 3 of the Industrial Employment (Standing Orders) 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 terms of the Act. I also enclose a statement giving the particulars prescribed in Rule 5 of the Orissa Industrial Employment (Standing Orders) Rules, 1946.
        I

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