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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