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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