Professional Documents
Culture Documents
Standing Order
Standing Order
Presented by:
Anoop Kumar
08HR012
Ageda
Standing Orders
• The term ‘Standing Orders’ means rules relating
to matters set out in the Schedule of the Act.
Schedule
On receipt of the draft standing order, the certifying officer shall forward a copy
to sent to trade union of the workmen functioning in the establishment
If no such union exists, to three representatives of workmen in the
establishment elected at a meeting called for the purpose
A notice in the prescribed form will be given inviting objections, if any, to the
draft standing orders within fifteen days of receipt of these orders.
After giving to the parties an opportunity of being heard, the certifying officer
shall decide whether or not any modification of the draft is necessary, and
make an order in writing accordingly.
In doing so, the certifying officer can adjudicate upon the fairness and
reasonableness of the provisions in the drafts.
The certifying officer shall thereupon certify the standing orders with or without
modifications and forward the authenticated copies thereof to the employer
and to the trade union or other prescribed representatives of the workmen
within seven days from the date of his orders
Model Standing Order
An aggrieved party may appeal to the appellate authority within thirty days from
the date on which the copies of the standing orders were sent to it by the
certifying officer. The order of the authority shall be final.
Section 6(1) empowers the appellate authority to do only two things:
i. Confirm the standing orders in the form certified by the certifying officer
ii. Confirm the standing orders after amending them by making the necessary
modifications or additions.
The certified standing orders become enforceable on the expiry of 30 days from
the date on which the authenticated copies of the same are sent to the parties
by the certifying officer. If an appeal has been filed, it shall come into operation
on the expiry of 7 days from the date on which copies of the order of the
appellate authority are sent to the parties.
Modification of Standing Orders
The standing orders finally certified under this Act shall not be
liable to modification until the expiry of six months from the date
on which the standing orders or the last modifications thereof
came into operation.
Subject to the provisions of section10(1), an employer or
workman may apply to the certifying officer to have the standing
orders modified. Such an application shall be accompanied by
five copies of the modifications proposed to be made by
agreement between the employer and the workmen, a certified
copy of that agreement shall be filled along with the application
Powers of Certifying Officer
Every certifying officer and appellate authority shall have all the
powers of a civil court for the purpose of:
i. Receiving evidence
ii. Administering oaths
iii. Enforcing the attendance of witnesses and
iv. Compelling the discovery and production of documents