THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS ) ACT 1946
CONTAINS
1
[13-A. 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
workmen 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 proceedings
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
MAHARASHTRA : GUJARAT. -In this section, after the words “standing order”
and in the marginal note thereto after the words “standing orders”,
add the words “model standing orders or amendments” ; and after
the word workman” add “or any prescribed representatives of
workmen”. -Bombay Act XXI of 1958, Sec. 17 (15th January, 1959),
Act )U of 1960, Sec. 87 (1st May, 1960).
1.Ins. by Act 36 of 1956, Sec.32 (w.e.f. 10th
March, 1957).
2.Ins. by Act 18 of 1982, Sec.8 (w.e.f. 17th
May, 1982).
1[13-B- 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.]
1. Ins. by Act 18 of 1982, Sec.8 (w.e.f. 17th
May, 1982).
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 establishment
from all or any of the provisions of this Act.
[ 14-A. 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.]
1.Subs. by Act 39 of 1963, Sec. 7, for Sec. 14-A (w.e.f.
23rd December, 1963).
15.
Power to make rules. –
(l) 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 ;
(e) Provide for any other matter, which is to be or may be prescribed
Provided that before any rules are made under Cl. (,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
any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.]
1.Ins. by Act 16 of 196 1, Sec. 6.
2.Subs. by Act 18 of 1982, Sec. 9 (w.e.f. 17th May,
1982).
STATE AMENDMENT
MAHARASHTRA: GUJARAT. –
(a)In Cl. (a) of sub-section (2), after the words standing orders”,
add the words “or amendments” ;
(b) In Cl. (d) of sub-section (2), for the words “copies
of standing orders entered in the register of standing orders”,
substitute “copies of standing orders or model standing orders
together with all the amendments filed in the register under
Sec. 8. “. -Bombay Act XXI of 1958, Sec. 18 (15thJanuary, 1959):
Act YJ of 1960, Sec. 87 (1st May, 19.60).
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