Tue Apr 23 1946 | Labor Law | Comments (0)
Year : 1946
ARRANGEMENT OF SECTION
Section
13A. Interpretation, etc., of standing orders.
13B. Act not to apply to certain industrial establishments.
14A. Delegation of powers.
[23rd April, 1946.]
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:—
Amendment of long title of Act XX of 1946.—In the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as “the said Act” ) for the long title the following shall be substituted, namely:--
“An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishment in the State of Bombay.”
[Vide Bombay Act XXI of 1958, s. 2]
Amendment of preamble of Act XX of 1946.—In the preamble of the said Act, for the portion beginning with the words “to require” and ending with the words “by them”, the words “to provide for defining with sufficient precision certain conditions of employment in industrial establishment in the State of Bombay, and for certain other matters” shall be substituted.
[Vide Bombay Act XXI of 1958, s. 3]
1. Short title, extent and application.—(1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to2[the whole of India 3***].
4 [(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.
5* * * * *
6[(4) Nothing in this Act shall apply to—
Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961), the provisions of this Act shall apply to all industrial establishments under the control of the Central Government.]
Amendment of section 1.—In section 1 of the Industrial Employment (Standing Orders) Act, 1946 (Central Act 20 of 1946) in its application to the State of Karnataka, for the words “one hundred” occurring in sub-section (3) and in the proviso to it, the word “fifty”, shall be substituted.
[Vide Karnataka Act 37 of 1975, s. 2]
Amendment of section 1 of Act XX of 1946.—In sub-section (3) of section 1 of the said Act, for the words “one hundred” the word “fifty” shall be substituted.
[Vide Bombay Act XXI of 1958, s. 4]
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;]
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).
1[(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948),
or]
1890), or
2[(i) “wages” and “workman” have the meanings respectively assigned to them in clauses (rr) and
Amendment of section 2 of Act XX of 1946.—In section 2 of the said Act,--
"(1a) 'amendments' mean in relation to the model standing orders any amendments proposed to such orders under section 3 and includes any alterations, variations or additions proposed thereto;
"(ee) 'model standing orders' mean standing orders prescribed under section 15; (ef) 'modification' includes in relation to a standing order, any alteration, variation,
addition or deletion in, or to, such order;"
[Vide Bombay Act XXI of 1958, s. 5]
2. Subs. by Act 18 of 1982, s. 2 for cl. (i) (w.e.f. 17-5-1982).
Insertion of new section 2A in Act XX of 1946.—After section 2 of the said Act, the following section shall be inserted, namely:--
"2A. Application of model standing orders to every industrial establishment.--(1) Where this Act applies to an industrial establishment, the model standing orders for every matter set out in the Schedule applicable to such establishment shall apply to such establishment from such date as the State Government may by notification in the Official Gazette appoint in this behalf:
Provided that nothing in this section shall be deemed to affect any standing orders which are finally certified under this Act and have come into operation under this Act in respect of any industrial establishment before the date of the coming into force of the Industrial Employment (Standing Orders) Bombay Amendment) Act, 1957."
[Vide Bombay Act XXI of 1958, s. 6]
Amendment of section 2 of Act XX of 1946.—In section 2 of the Industrial Employment (Standing Orders) act, 1946, in clause (d),--
Amendment of section 2A of Act XX of 1946.—In the Industrial Employment (Standing Orders) Act, 1946, in its application to the State of Maharashtra (hereinafter, referred to as the “Principal Act”), section 2A shall be renumbered as sub-section (1) of that section, and after sub-section (1) so renumbered, the following new sub-section shall be added, namely:--
“(2) Notwithstanding anything contained in the proviso to sub-section (1), model standing orders made in respect of additional matters included in the Schedule after the coming into force of the Act referred to in that proviso (being additional matters relating to probationers or badlis or temporary or casual workmen) shall unless such model standing orders are in the opinion of Certifying Officer less advantageous to them than the corresponding standing orders applicable to them under the said proviso also apply in relation to such workmen in the establishments referred to in the said proviso from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf. "
[Vide Maharashtra Act LIV of 1974, s. 2]
Substitution of section 3.—For section 3 of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as the principal Act), the following shall be substituted, namely:--
“3. Submission of Standing Orders.—(1) Within six months from the date on which the Industrial Employment (Standing Orders) (Karnataka Amendment) Act, 2005 becomes applicable to an industrial establishment, the employer shall prepare the Standing Orders proposed by him for adoption in his industrial establishment.
Provided no Standing Order adopted under this sub-section shall be effective unless a copy thereof as adopted is sent to the Certifying Officer by Registered Post Acknowledgement due and the acknowledgement therefor is received and filed.
[Vide Karnataka Act 12 of 2014, s. 2]
Amendment of section 3 of Act XX of 1946.—In section 3 of the said Act,--
"(1) Within six months from the date on which the model standing orders apply to any industrial establishment under section 2A, the employer or any workman employed therein may submit to the Certifying Officer five copies of the draft amendments for adoption in such industrial establishment:
Provided that no amendment which provides for the deletion or omission of any rule in the model standing orders relating to any matter set out in the Schedule shall be submitted under this section;"
[Vide Bombay XXI of 1958, s. 7]
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.
Amendment of section 4.-In section 4 of the principal Act, for the words “Standing Orders shall be certifiable”, the words, brackets and figures “In the event of submitting the draft Standing Order under sub-section (5) of the section 3, the Standing Orders shall be certifiable” shall be substituted.
[Vide Karnataka Act 12 of 2014, s. 3]
Deletion of section 4 of Act XX of 1946.—Section 4 of the said Act shall be deleted. [Vide Bombay Act XXI of 1958, s. 8]
Amendment of section 5.-In section 5 of the principal Act, in sub-section (1), for the word and the figure “section 3”, the words, brackets and figure “sub-section (5) of section 3” shall be substituted.
[Vide Karnataka Act 12 of 2014, s. 4]
Amendment of section 5 of Act XX of 1946.—In section 5 of the said Act,--
6. Appeals.—(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.
Amendment of section 6 of Act XX of 1946.—In section 6 of the said Act,--
[Vide Bombay Act XXI of 1958, s. 10]
1. Subs. by Act 18 of 1982, s. 3, for “Any person” (w.e.f. 17-5-1982).
Amendment of section 7.-Section 7 shall be renumbered as sub-section (2), thereof and before subsection (2) as so renumbered, the following shall be inserted, namely:-
“(1) Standing Orders ass adopted under sub-section (4) of section 3 shall come into operation on the expiry of 30 days from the date on with the employer and the trade union or workmen representatives agree to adopt the standing orders.”
[Vide Karnataka Act 12 of 2014, s. 5]
Amendment of section 7 of Act XX of 1946. –In section 7 of the said Act and in the marginal note thereto, after the words “standing orders” the words “or amendments” shall be inserted.
[Vide Bombay Act XXI of 1958, s. 11]
Amendment of section 8.-In section 8 of the principal Act, after the words “finally certified”, the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 6]
Amendment of section 8 of Act XX of 1946.—In section 8 of the said Act,--
[Vide Bombay Act XXI of 1958, s. 12]
Amendment of section 9.—In section 9 of the principal Act, after the words “finally certified”, the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 7]
Amendment of section 9 of Act XX of 1946.—In section 9 of the said Act,--
[Vide Bombay Act XXI of 1958, s. 13]
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 of 3*** 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 application.]
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.]
Amendment of section 10.-In section 10 of the principal Act,-
“Provided that nothing in this sub-section shall be applicable in case of modifications mutually agreed by an employer, workmen or a trade union or other representative body of the workmen and such modifications shall be effected under sub-sections (3) and (4) of section 3.”
[Vide Karnataka Act 12 of 2014, s. 8]
Amendment of section 10 of Act XX of 1946.—In section 10 of the said Act,--
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).
"and where model standing orders have not been amended as aforesaid, the model standing orders shall not be liable to such modification until the expiry of one year from the date on which they were applied under section 2A".
"(2) Subject to the provisions of sub-section (1), an employer, workman or any prescribed representatives of workmen desiring to modify the standing orders or the model standing orders together with the amendments, as finally certified under this Act, or the model standing orders applied under section 2A, as the case may be, shall make an application to the Certifying Officer in that behalf, and such application shall be accompanied by five copies of the standing orders, or the model standing orders, together with all amendments thereto as certified under this Act or model standing orders in which shall be indicated the modifications proposed to be made and where such modifications are proposed to be made by agreement between the employer and workmen a certified copy of the agreement shall be filed along with the application"
[Vide Bombay Act XXI of 1958, s. 14]
Amendment of section 10 of Act XX of 1946.—In section 10 of the principal Act in sub-section (4), the words “or the Government of the State of Maharashtra” shall be deleted.
[Vide Maharashtra Act LIV of 1974, s. 3]
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—
(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, constituted under the Industrial Disputes Act, 1947 (14 of 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 civil court.—2[(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
1. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982).
discovery and production of documents, and shall be deemed to be a civil court within the meaning of
1[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).]
2[(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.]
Amendment of section 12.-In section 12 of the principal Act, after the words “finally certified”, the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 9]
Amendment of section 12 of Act XX of 1946.—In section 12 of the said Act,--
[Vide Bombay Act XXI of 1958, s. 15]
3[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.]
Amendment of section 12A.- In section 12A of the principal Act, after the words “finally certified”, the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 10]
1. Subs. by Act 18 of 1982, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 17-5-1982).
2. Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
3. Ins. by Act 39 of 1963, s. 6 (w.e.f. 23-12-1963).
Amendment of section 13.-In section 13 of the principal Act,-
Amendment of section 13 of Act XX of 1946.—(a) in sub-section (1),--
"(2A) Whoever contravenes the provisions of this Act or of any rule made thereunder in cases other than those falling under sub-section (1) or sub-section (2), shall, on conviction, be punished with fine which may extend to one hundred rupees and in the event of such person being previously convicted of an offence under this Act, with fine which may extend to two 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.
(2B) The Court convicting an employer under sub-section (1) or sub-section (2) may direct such employer to pay such compensation as it may determine to any workman directly and adversely affected by the modification or contravention of the standing orders, model standing orders or amendments, as the case may be.
(2C) The compensation awarded under sub-section (2B) may be recovered as if it were a fine and if it cannot be so recovered, the person by whom it is payable shall be sentenced to imprisonment of either description for a term not exceeding three months as the Court thinks fit".
[Vide Bombay Act XXI of 1958, s. 15]
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 workman 2[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.
Amendment of section 13-A.-In section 13-A of the principal Act, after the words “Standing Orders Certified the words “or adopted” shall be inserted.
[Vide Karnataka Act 12 of 2014, s. 12]
Amendment of section 13A of Act XX of 1946.— In section 13A, after the words "standing order" and in the marginal note thereto after the words "standing orders", insert the words "model standing order or amendments"; and after the word "workman", insert "or any prescribed representatives of workmen".
[Vide Bombay Act XXI of 1958, s. 17]
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 that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.]
“13C. Compounding of offences.—(1) Any offence punishable under the Act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount of not more than rupees fifty thousand, by such officer or authority as the appropriate Government may, by notification in the official Gazette, specify in this behalf for the amount of rupees fifty thousand:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable:
Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further.
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged.”.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020) and Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).]
1. Ins. by Act 36 of 1956, s. 32 (w.e.f. 10-3-1957).
2. Ins. by Act 18 of 1982, s. 8 (w.e.f. 17-5-1982).
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—
Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.
2[(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 3[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 any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
Amendment of section 15 of Act XX of 1946.—In section 15 of the said Act, in sub-section (2),--
[Vide Bombay Act XXI of 1958, s. 18]
1. Subs. by Act 39 of 1963, s. 7, for s. 14A (w.e.f. 23-12-1963).
THE SCHEDULE
[See sections 2(g) and 3(2)]
Matters to be provided in Standing Order under this Act
Amendment of Schedule to Act XX of 1946.—In the Schedule appended to the said Act,--
[Vide Bombay Act XXI of 1958, s. 19]
Amendment of Schedule to Act XX of 1946.—In the Schedule appended to the principal Act, after item 10-B the following new item shall be inserted, namely:--
“10C. Employment or re-employment of probationers or badlis or temporary or casual workmen and their conditions of service."
[Vide Maharashtra Act LIV of 1974, s. 4]
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