¹[ 10-A.Payment of subsistence allowance. –
(1)Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance. -

(a)At the rate of fifty percent of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension ; and

(b)At the rate of seventy-five per cent. of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.

(2)If any dispute arises regarding the subsistence allowance payable to a workman under subsection (1), the workman or the employer concerned may refer the dispute to the Labour Court constituted under the Industrial Disputes Act, 1947 (14 of 1947) within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties.

 (3)Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State].

1.Ins. by Act 18 of 1982, Sec. 5 (w.e.f 17^th  May, 1982).

11. powers of Civil Court. –

 ¹ [(1)]   Every Certifying officer and appellate authority shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be deemed to be a Civil Court within the meaning of ²[Secs. 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974)].

¹[(2)    Clerical or arithmetical mistakes in any order passed by a Certifying Officer or appellate authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by that officer or authority, or the successor in office of such officer or authority, as the case may be].

1.Section 11 re-numbered as sub-section (1) thereof and sub-section (2) ins. by Act 39 of 1963 , Sec. 5 (w.e.f. 23^rd  December , 1963 .

2.Subs. by Act 18 of 1982, Sec 6 (w.e.f. 17^th May, 1982).

12.   Oral evidence In contradiction of Standing Orders not admissible.-No oral evidence having the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this Act shall be admitted in any Court.

STATE AMENDMENT

MAHARASHTRA : GUJARAT. -

(i)For the words “standing orders as finally  certified under this Act” substitute the words “standing orders or the model standing orders with all the amendments as finally certified under  this Act, as the case  may be”;

(ii)In the marginal note, for the words “standing orders”, substitute standing order”, etc.-Bombay Act XXI of 1958, Sec. 15 (15th January, 1959) ; Act XI of 1960, Sec. 87 (1^st May, 1960).


[12-A.  Temporary application of Model Standing Orders. -

(1)Notwithstanding anything contained in Sees. 3 to 12, for the period commencing on the date on which this Act becomes applicable to an industrial establishment and ending with the date on which the 9't5nding orders as finally certified under this Act come into operation under Sec. 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of See. 9, sub- section (2) of Sec. 13 and Sec. 13-A shall apply to such model standing orders as they apply to the standing orders so certified.

(2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or 'the Government of the State of Maharashtra.]

1.Ins. by act 39 of 1963, Sec. 6 (w.e.f. 23^rd  December, 1963).

13.     Penalties and procedure. –
(l) An employer who fails to submit draft standing orders as required by Sec. 3, or who modifies his standing orders otherwise than in accordance with Sec. 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.

(2)An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.

(3)No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.

(4) No Court inferior to that of ¹[a Metropolitan Magistrate or Judicial Magistrate of the second class] shall try any offence under this section.

1.Subs. by Act 18 of 1982, Sec. 7 (w.e.f 17^th May, 1982).

STATE AMENDMENTS

MADHYA PRADESH. -After sub-section (4), add the following sub-section:

“(5) A Court taking cognizance of an offence under sub-section (2) shall state upon the summons to be served on the accused person that he. -

(a)May appeal by pleader and not in person; or

(b)May, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter acknowledgment due and remit to the Court such sum as the Court may, subject to the maximum limit of fine prescribed for the said offence, specify.

“(6)Where an accused person pleads guilty and remits the sum in accordance with the provisions of sub-section (5), no further proceedings in respect of the offence shall be taken against him.

“(7)Nothing contained in this section shall apply to the continuing offence referred to in sub-section (2).”-M.P. Act XVIII of 1967, Sec. 2 (1^st June, 1968).

MAHARASHTRA: GUJARAT. –

(i) In sub-section (1),-

(a) For the words and figure “who fails to submit draft standing orders as required by Sec. 3, or who modifies his standing orders”, substitute the words “who modifies the standing orders, model standing orders or amendments”;

(b)For the word and figures “Sec. 10”, substitute the words “the provisions of this Act”;

(c)For the words “shall be punishable”, substitute the words “shall, on conviction, be punished”.

(ii) In sub-section (2), for the words “the standing orders finally certified under this Act for his industrial establishment shall be punishable,” substitute the words “the standing orders, model standing orders or the amendments, as finally certified under this Act for his industrial establishment, as the case may be, shall, on conviction, be punished.”

(iii)After sub-section (2), add the following new sub-sections

“(2-A) Whoever contravenes the provisions of this Act or of any rule made thereunder in cases other than those falling under sub-section (1) or sub-section (2), shall, on conviction, be punished with fine which may extend to one hundred rupees and in the event of such person being previously convicted of an offence under this Act, with fine which may extend to two hundred rupees and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.

(2-B) The Court convicting an employer under sub-section (1) or sub-section (2) may direct such employer to pay such compensation as it may determine to any workman directly and adversely affected by the modifications or contravention of the standing orders, model standing orders or amendments, as the case may be.

(2-C) The compensation awarded under sub-section (2-B) may be recovered as if it were a fine and if it cannot be so recovered, the person by whom it is payable shall be sentenced to imprisonment of either description for a term not exceeding three months as the Court thinks fit.-Bombay Act XXI of 1958, Sec. 16 (15tli January, 1959) ; Act XI of 1960, Sec. 87 (1^st  May, 1960).