Standing Orders Act,

1946

Dr. Anil Mehta

Professor
Department of Legal Studies
Banasthali Vidyapith
Banasthali
 There was no uniformity in the conditions of
service of workers until this Act was brought.

The absence of standing order, clearly

defining the rights and obligations of the
employer
Background The demand for statutory service conditions
was first raised by Bombay Cotton Textile
workers in 1927-28.

The Bombay Industrial Disputes Act of 1938

provided, for the first time, for statutory
standing orders.

The Labour Investigation Committee 1944-

46 observed: “ An industrial worker has the
right to know the terms & conditions under
which he is expected to follow”.
 To require employers to define the
conditions of work

To bring about uniformity in terms and

conditions of employment
OBJECTIVES
To minimize industrial conflicts

To foster harmonious relations between

employers and employees.

To provide statutory sanctity and

importance to standing orders
SCOPE AND APPLICATION

It apply to every
establishment wherein 100
The Act extends to the or more workmen are
whole of India employed or employed on
any day preceding twelve
months.
The appropriate Govt. can exempt any establishment
from any of the provisions of the Act

It applies to railways, factories, mines, quarries, oil-

fields, tramways, motor services, docks, plantations,
workshops, civil construction and maintenance works.

The Act has 15 sections and a schedule.

The Act is applicable to all workmen employed in any
industrial establishment to do any skilled or unskilled,
manual, supervisory, technical, clerical work.

Even the apprentices are also included.

But the persons employed mainly in a

managerial/administrative/supervisory capacity
drawing wages exceeding Rs.1600 are not covered
 Classification of the workmen : temporary, casual, apprentices

Manner of intimating to workmen periods and hours of work,

holidays, pay-days and wage rates

Shift working

Attendance and late coming

STANDING
Conditions of, procedure in applying for, and the authority which may
ORDERS grant leave and holidays

Requirements to enter premises by certain gates and liability to

search

Closing and reopening of sections of the establishments, or

temporary stoppages

Suspension or dismissal for misconduct and acts and omissions

which constitute misconduct
 It is obligatory on the part of an employer or a
group of employers to furnish 5 copies of the draft
standing orders to the certifying officer within 6
months of the application of the Act the employer
SUBMISSION OF shall submit the draft standing orders
DRAFT
The draft shall be accompanied by a statement
giving prescribed particulars of the workmen
employed in the industrial establishment, including
the name of the trade unions, if any, to which they
belong
Procedure for On receipt of the draft standing order, the
certifying officer shall forward a copy to sent to
Certification trade union of the workmen functioning in the
establishment
of Standing
If no such union exists, to three representatives
Orders 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
 An aggrieved party may appeal to the appellate authority within
Appeal 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

thing: Confirm the standing orders in the form certified by the
certifying office. 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 section 10(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.
 Every certifying officer and appellate authority shall have all the
powers of a civil court for the purpose of:

i.Receiving evidence

Powers of ii.Administering oaths

Certifying
Officer iii.Enforcing the attendance of witnesses and

Iv. Compelling the discovery and production of documents

Every certifying officer and appellate authority is deemed to be a

civil court within the meaning of section 345 of the Code of Criminal
Procedure, 1973 (Section 11
 The following acts or omissions on the part of a workman shall
amount to misconduct;

Going on an illegal strike

Acts of Willfully slowing down in performance of work

Misconduct Theft, fraud or dishonesty in connection with the employer’s

business or property or the theft of property of another workman
within the premises of the establishment

Taking or giving bribes

Habitual absence without leave or absence without leave for more

than ten consecutive days
 Collection without the permission of the manager of any money
within the premises of the establishment except as sanctioned by
any law for the law for the time being in force

Engaging in trade within the premises of the establishment

Acts of Drunkenness, riotous, disorderly or indecent behaviour on the

Misconduct premises of the establishment

Habitual neglect of work

Habitual breach of any rules or instructions

Wilful damage to work in process or to any property of the

establishment
 Holding meeting inside the premises of the establishment
without the previous permission of the manager or except in
accordance with the provisions of any law for the time being in
force.

Disclosing to any unauthorized person any information

Acts of
Misconduct Smoking and spitting on the premises of the establishment
where it is prohibited by the employer

Unauthorized possession of any lethal weapon in the

establishment
Offences and Penalty

Any employer fails to

submit draft standing case of continuance of
orders or modifies it, the above offence, fine
shall be punishable with up to Rs.200 per every
fine which may extend to day.
Rs. 5000.
Obligations of Employers

Submit draft standing orders with the required information to the certifying
Submit officer for certification within the time limit mentioned in the Act.

Act in conformity with the certified standing orders in the day to day dealings
Act in with the workmen

Modify Modify certified standing orders only with the approval of the certifying officer
 Work in conformity with the
certified standing orders or
model standing orders as the
Obligations case may be.
of
Workmen Comply with the provisions of
the Act in regard to
modification and
interpretation of standing
orders.
Thank you