4.Conditions for certification of Standing Orders. -Standing orders shall be certifiable under this Act, if-

(a)Provision is made therein for every matter set out in the Schedule which is applicable to the industrial establishment, and

(b)The standing orders are otherwise in conformity with the provisions of this Act;

And it ¹[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.

STATE AMENDMENT

MAHARASHTRA : GUJARAT. -For its application, delete Sec. 4,-Bombay Act, XXI of 1958, Sec. 8 (15th January, 1959) ; Act YJ of 1960, Sec. 87 (1^st  May, 1960).

1.Subs. by Act 36 of 1956, Sec. 32, for “shall not be the function” (w.e.f. 17th September, 1956).

5.Certification of Standing Orders. -

(1)On receipt of the draft under Sec. 3, Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.

(2)After giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the Certifying officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary orders certifiable under this Act, and shall make an order in writing accordingly

(3)The Certifying officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) of the certified may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen.

STATE   AMENDMENT

MAHARASHTRA: GUJARAT. –(i)      In Sub-section (1), -

(a)After the words “as may be prescribed”, add “or the employer, as the case may be”, and after the word  “workmen” where it occurs for the third time, add “or employer”;

(b)For the words “draft standing orders”, substitute “draft amendments”.

(ii)In sub-section (2), -

(a)After the words “giving the employer”, add, “the workmen submitting the amendment”;

(b)Omit the words “or addition to”;           

(c)For the words “the draft submitted by the employer is necessary, to render the draft standing orders certifiable under this Act”, substitute “the draft submitted under subsection (1) of Sec. 3 is necessary”.

(iii) In sub-section (3),

(a)For the words “certify draft standing orders”, substitute “certify the draft amendments”;

(b)For the words “certified standing orders” substitute “model standing order together with copies of the certified amendments thereof.

(iv)In the marginal note, for the words “standing orders” substitute the word “amendments” . -Bombay Act XXI of 1958, Sec. 9 (15th January, 1959); Act XI of 1960, Sec. 87 (lst May, 1960).