The IndustriaI EmpIoyment

(Standing Orders) Act, 1946

Object of the Act
Scope and Application
Definitions
Submission of Draft Standing Orders
Certification of Standing Orders
Appeal
nterpretation of Standing Orders
Importance
o uniform practice governing the conditions of service of
workers
o clarity of rights and obligations of the employer
in respect of terms of employment, friction/dispute between
management and worker
Demand for statutory service conditions raised by Bombay
Cotton Textile workers in 1927-28
The Bombay ndustrial Disputes Act of 1938 for the first time
provided for statutory standing orders.
The Labour nvestigation Committee emphasized the workers'
right to know the terms & conditions of employment
Object of the Act
To require employers to define the conditions of
work
To brig about uniformity in terms and conditions of
employment
To minimise industrial conflicts
To foster harmonious relations between employers
and employees.
To provide statutory sanctity and importance to
standing orders
Scope and AppIication
xtends to the whole of ndia
To every establishment wherein 100 or more
workmen are employed
On any day preceding twelve months
Once applicable to the establishment then it
continuous if the no. of workmen employed gets
reduced to less than 100
The appropriate Govt. can exempt any
establishment from any of the provisions of the Act
ontinuous...
It appIies to raiIways, factories, mines, quarries, oiI-
fieIds, tramways, motor services, docks, pIantations,
workshops, civiI construction and maintenance
works.
The Act has 15 sections and a scheduIe.
It appIies to aII the skiIIed or unskiIIed, manuaI,
supervisory, technicaI, cIericaI work.
The apprentices are aIso incIuded.
The persons empIoyed mainIy in a
manageriaI/administrative/supervisory capacity
drawing wages exceeding Rs.1600 are not covered.
Interpretation
Appellate authority authority appointed by
the Govt
Appropriate Government as per industrial
establishment act comes under the control of
Central Government
Railways administration
State Government
Certifying officers: Labour Commissioners, Regional Labour
Commissioner & other officers appointed by the appropriate
Government
ont.
Certifying Officer:
Labour Commissioner or a Regional Labour
Commissioner ,and includes any other officer
appointed by the appropriate Government
,by notification in the official Gazette, to
perform all or any of the functions of a
Certifying Officer under this Act.
ont
mployer :means the owner of an industrial
establishment to which this Act for the time being
applies
ndustrial stablishment
an industrial establishment as defined in clause s2 of the payment of wages Act,1936
factory as defined in clause of section 2 of the factories act,1948
a railways as defined in clause of section of the ndian Railways Act,1890
establishment of a person who, for the purpose of fulfilling a contract with the owner of any
industrial; establishment ,employs workmen
ithin six months from the date on which this Act becomes
applicable to an industrial establishment ,the employer shall
submit to the Certifying Officer five copies of the draft standing
orders proposed by him for adoption in his industrial
establishment
Provision shall be made in such draft for every matter set out in
the schedule which may be applicable to the industrial
establishment and where model standing orders have been
prescribed ,shall be, so far as is practicable ,in conformity with
such model
Submission of draft standing
orders
Draft standing orders submitted under this section shall be
accompanied by a statement giving prescribed particulars of
the workmen employed in the industrial establishment including
the name of the trade union, if any, to which they belong
Subject to such conditions as may be prescribed, a group of
employers in similar industrial establishments may submit a
joint draft of standing orders under this sections
Important Definitions
Appropriate Government: State Government,
Central Government.
Certifying Officer: means Labour
Commissioner/Regional Labour
Commissioner and includes any other officer
appointed by the appropriate Government,
by notification in the Official Gazette to
perform such duties.
mployer: owner of the establishment
IndustriaI EstabIishment
A factory defined in Section-2 (m) of the
Factories Act, 1948
A raiIway defined in RaiIways Act, 1939
EstabIishment defined in the Payment of
Wages Act, 1936
Standing Orders
W The term 'Standing Orders' means ruIes
reIating to matters set out in the ScheduIe of
the Act.
ScheduIe
Matters to be contained in the Standing Orders
Iassification of the workmen : temporary, casuaI, apprentices
Manner of intimating to workmen
Shift working
Attendance and Iate coming
onditions of, procedure in appIying for, and the authority
which may grant Ieave and hoIidays
Requirements to enter premises by certain gates and IiabiIity to
search
Iosing and reopening of sections of the estabIishments,
temporary stoppages
Suspension or dismissaI for misconduct
Acts and omissions which constitute misconduct
Submission of Draft Standing Orders
Obligatory on the part of an employer or a group of
employers to furnish 5 copies of the draft standing
orders
ithin 6 months of the application of the Act the
employer shall submit the draft standing orders
Copies to be given to the certifying officer
Draft has to enclose the prescribed particulars of the
workmen
The status and name of the trade unions to be given.
t has to take all matters set out in the Schedule.
Procedure for ertification of Standing
Orders
Copy of draft standing orders to be sent to trade
union/workmen
Opportunity of hearing to trade union/workmen to be
provided
Certification
Certified standing orders have the force of law and
the violation of any provision shall be taken action
Standing orders to be applicable to all present and
future workmen
Standing orders must confirm the model standing
order
onditions for certification of Standing
Orders
Must compiIe as per the ModeI Standing Orders
Fairness of the provisions shaII be verified by the ertifying
Officer
AppeaI
Any empIoyer, workman, trade union aggrieved by the order of the
certifying officer may, with in 30 days from the date on which
copies of the certified standing orders sent to them
Date of Operation of the Act
On the expiry of 30 days of the certification given by certifying
officer
Or
After the expiry of 7 days of the decision given by appeIIate
authority.
Payment of Subsistence aIIowance
Payment of subsistence allowance by an
employer to a workman who has been
suspended by the employer and his
investigation is pending
the allowance shall be at the rate of 50% of
the wage for the first 90 days of suspension
The allowance shall be 75% of the wage
after 90 days if the investigation is delayed
due to employer
PenaIty
Any employer fails to submit draft standing
orders or modifies it, shall be punishable with
fine which may extend to Rs. 5000.
n case of continuance of the above offence,
fine up to Rs.200 per every day.
Any contravention of Standing Orders is
punishable by Rs. 100 fine .