Section Text
(1) The
employer shall prepare draft standing orders, within a period of six months from the date of
commencement of this Code, based on the model standing orders referred to in section 29 in respect of
the matters specified in the First Schedule and on any other matter considered necessary by him for
incorporation of necessary provisions in such standing orders for his industrial establishment or
undertaking, considering the nature of activity in his industrial establishment or undertaking, provided
such provision is not inconsistent with any of the provision of this Code and covers every matters set
out in the First Schedule.
(2) The employer shall consult the Trade Unions or recognised negotiating union or members of the
negotiating council relating to the industrial establishment or undertaking, as the case may be, in respect
of the draft of the standing order and thereafter forward the draft of the standing order electronically or
otherwise to the certifying officer for certification.
(3) Where an employer adopts a model standing order of the Central Government referred to in
section 29 with respect to matters relevant to his industrial establishment or undertaking, then, such
model standing order shall be deemed to have been certified under the provisions of this section and
employer shall forward the information in this regard to the concerned certifying officer in such manner
as may be prescribed:
Provided that if the certifying officer has any observation, he may direct such employer to amend
the standing order so adopted within such period as may be prescribed.
(4) The employer shall prepare the draft of the modifications required in the standing order, if any,
in accordance with the provisions of this Code and forward electronically or otherwise to the certifying
officer for certification of those modifications only within a period of six months from the date, the
provisions of this Chapter becomes applicable to his industrial establishment.
(5) On receipt of the drafts referred to in sub-section (1) and sub-section (4), the certifying officer
shall issue notice to---
(i) the Trade Union or negotiating union of the industrial establishment or undertaking, or
members of the negotiating council; or
(ii) where there is no Trade Union operating, to such representatives of the workers of the
industrial establishment or undertaking chosen in such manner as may be prescribed,
for seeking their comments in the matter and after receipt of their comments give an opportunity of
being heard to the negotiating union or negotiating council, or as the case may be, to the Trade Unions
or the representatives of the workers and decide as to whether or not any modification or addition to
such draft standing order is necessary to render the draft standing order certifiable, and shall make an
order in writing in this regard:
Provided that the certifying officer shall complete such procedure for certification referred to in subsections (4) and (5) in respect of---
(a) the draft standing order so received within a period of sixty days from the date of the receipt
of it; and
(b) the draft modifications in the standing order so received within a period of sixty days from
the date of the receipt of such modifications,
failing which such draft standing orders or, as the case may be, the modifications in the standing order
shall be deemed to have been certified on the expiry of the said period.
(6) The standing orders shall be certifiable under this Code, if---
(a) provision is made therein for every matter set out in the First Schedule which is applicable
to the industrial establishment; and
(b) such orders are otherwise in conformity with the provisions of this Code.
(7) It shall be the function of the certifying officer or the appellate authority referred to in section
32 to adjudicate upon the fairness or reasonableness of the provisions of any standing orders keeping in
view the provisions of the model standing orders referred to in section 29.
(8) The certifying officer shall certify the draft standing orders or the modifications in the standing
orders referred to in sub-section (5), and shall within seven days thereafter send copies of the certified
standing orders or the modifications in the standing orders, authenticated in such manner as may be
prescribed, to the employer and to the negotiating union or negotiating council or the Trade Union or
other representatives of the workers referred to in clause (ii) of sub-section (5).
(9) The draft standing orders under sub-section (1) or draft of the modifications proposed in the
standing orders under sub-section (5) shall be accompanied by a statement giving such particulars, as
may be prescribed, of the workers employed in the industrial establishment, the Trade Union to which
they belong, and the negotiating union or negotiating council, if any.
(10) Subject to such conditions as may be prescribed, a group of employers in similar establishments
may submit a joint draft of standing orders under this section and for the purposes of proceedings
specified in sub-sections (1), (5), (6), (8) and (9), the expressions "employer", "Trade Union" and
"negotiating union or negotiating council" shall respectively include all the employers, Trade Unions
and negotiating unions or negotiating council of such similar establishments, as the case may be.
(11) Without prejudice to the foregoing provisions of this section, the standing orders relating to an
industrial establishment or undertaking existing on the date of commencement of the relevant provisions
of this Code, shall, in so far as is not inconsistent with the provisions of this Code or rules made
thereunder, continue and be deemed to be the standing orders certified under sub-section (8) and
accordingly the provisions of this Chapter shall apply thereon.