THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS ) ACT 1946

CONTAINS

Appeals. –

(1)1[Any employer, workman, trade union or other prescribed representatives of any workman] aggrieved by the order of the Certifying Officer under sub-section (2) of Sec. 5 may, within 2[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 sub-section (1), send copies thereof to the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying Officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner.

 

STATE AMENDMENT

MAHARASHTRA: GUJARAT.

(i) In sub-section (1) of Sec. 6, for the portion beginning with the words “confirm the standing orders” and ending with 9 certifiable under this Act”, substitute the following:

“Confirm the amendment either in the form certified by the Certifying Officer or after further modifying the same as the appellate authority thinks necessary”.

(ii)In sub-section (2),

(a)For the words “unless it has confirmed without amendment the standing orders”, substitute “unless it has confirmed without further modifications the amendments”;

(b)For the words “by copies of the standing orders”, substitute “by copies of the model standing orders together with the amendments “, -Bombay    Act XI of 1958, Sec. 10 (15th  January, 1959), Act XI of 1960,See. 87 (1st  May, 1960)

1.Subs. by Act 18 of 1982, Sec. 3 (w.e.f. 17th May, 1982).

2.Subs. by Act 16 of 196 1, Sec. 4, for “twenty-one days”.

7.Date of operation of Standing Orders.-Standing orders shall, unless an appeal is preferred under Sec. 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (3) of Sec. 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 Sec. 6.

 

STATE AMENDMENTS

MAHARASHTRA: GUJARAT. -In Sec. 7 and in the marginal note thereto after the words “standing orders”, add the words “or amendments”. -Bombay Act XXI of 1958, Sec. 11 (15th January, 1959), Act YJ of 1960, Sec. 87 (1st May, 1960).

SAURASHTRA: GUJRAT. -In its application the Saurashtra area of the State of Bombay, in Sec. 7, sub-section (2), inserted by the Industrial Employment (Standing Orders) (Saurashtra Amendment) Act, 1953, shall be deleted, and Sec. 7 (1) shall be renumbered as Sec. 7 of the said Act:

Provided that any model standing orders in respect of any industrial establishment referred to in the said sub-section (2) of Sec. 7 deleted as aforesaid, and in operation on the date of the coming into force of this Act, shall be deemed to be the model standing orders prescribed under Sec. 15 of the said Act and applied to the industrial establishment under Sec. 2-A, and the provisions of the said Act shall apply thereto as they apply to the model standing orders duly applied under the said Sec. 2-A.-Bombay Act XXI of 1958, Sec. 20 (I 5th January, 1959) ; Act XI of 1960, Sec. 87 (15th May, 1960).

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