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Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 2

Title: Interpretation

State: Central

Year: 1946

.....this Act for the time being applies, andincludes (i) in a factory, any person named under5 [clause (f) of subsection (1) of section 7, of the Factories Act, 1948 (63 of 1948)], as manager of the factory; (ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department; (iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment; (e) "industrial establishment" means-- (i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or 6 [(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or] (iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act; 1890 (9 of 1890), or (iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen; (f) "prescribed" means prescribed by rules made by the appropriate Government under this.....

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 15

Title: Power to Make Rules

State: Central

Year: 1946

.....annulment shall be without prejudice to the validity of anything previously done under that rule.] STATE AMENDMENT 3Maharashtra: Gujarat In section 15, in sub-section (2),-- (a) in clause (a), after the words "standing orders", insert the words "or amendments"; (b) in clause (d), for the words "copies of standing orders entered in the register of standing orders", substitute "copies of standing orders or model standing orders together with all the amendments filed in the register under section 8". ________________________ 1. Inserted by Act 16 of 1961, Section 6. 2. Substituted by Act 18 of 1982, Section 9, for certain words (w.e.f. 17-5-1982). 3. Vide Bombay Act 21 of 1958, Section 18 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).

The Bombay Industrial Relations Act, 1946 Complete Act

State: Maharashtra

Year: 1946

.....1947, was in force) (3) In the areas in which the Bombay Industrial Disputes Act, 1938, was in force immediately before the commencement of this Act, this Act shall apply to the industries to which the said Act applied 6[Provided that this Act shall cease to apply with effect from the date on which the Bombay Industrial Relations (Amendment) Act, 1949, comes into force, to the Imperial Bank of India and any banking company as defined in section 5 of the Banking Companies Act, 1949, having branches or other establishments in more than one 4[State] (4) The 4[State Government may by notification in the Official Gazette apply all or any of the provisions of this Act to all or any other industries, whether generally or any local area as may be specified in such notification. Footnotes: 1. For Statement or Objects and Reasons, see Bombay Government Gazette, 1946, Pt. V, p.2 and for Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1946, and for Proceedings its Council, see Bombay Legislative Council, Debates, 1946, Vol XI. 2. This Act is extended to the rest of the State of Maharashtra (vide Mah. 22 of 1965, S.2) 3. Subs, by Mah. 22 of 1965. 4. Subs, by the.....

Industrial Employment (Standing Orders) Act, 1946 Complete Act

State: Central

Year: 1946

.....this Act for the time being applies, and includes- (i) in a factory, any person named under9[clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948)-], as manager of the factory; ( ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department; (iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment; (e) "industrial establishment" means- ( i) an industrial establishment as defined in clause ( ii) of section 2 of the Payment of Wages Act, 1936-(4 of 1936), or 8[(ii) a factory as defined in clause (m) of section 2 of the Factories Act,1948-(63 of 1948), or] (iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890(9 of 1890), or (iv) the establishment of a person who, for the purpose fulfilling a contract with the owner of any industrial establishment, employs workmen; (f) "prescribed" means prescribed by rules made by the appropriate Government under this Act; (g) "Standing.....

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 107

Title: Penalty for Contravention of a Standing Order

State: Maharashtra

Year: 1946

Any employer who acts in contravention of1[a model standing order applicable under section 352[or section 40-A] or] a standing order settled under Chapter VII shall, on conviction be punishable with fine which may extend to Rs.500 and in the case of a continuing contravention of such standing order, with an additional fine which may extend to Rs.125 per day for every day during which such contravention continues. ______________________ 1. These words were inserted by Mah. 22 of 1965, s. 46. 2. These words, figures and letter were inserted by Mah. 47 of 1977, s. 10.

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 40A

Title: Model Standing Orders in Respect of Additional or Altered Matters to Apply to Certain Workmen, if They Are Not Less Advantageous

State: Maharashtra

Year: 1946

1[40A. Model standing orders in respect of additional or altered matters to apply to certain workmen, if they are not less advantageous Notwithstanding anything contained in the foregoing provisions of this Chapter, any model standing orders made and notified in this Official Gazette by the State Government from time to time, in respect of any additional matters included in Schedule I, or any alteration made in that Schedule, on or after the date of commencement of Bombay Industrial Relations (Amendment) Act, 1977 (Mah. XLVII of 1977), shall unless such model standing orders are held by the Commissioner of Labour, to be less advantageous to the employees than the corresponding standing orders applicable to them, also apply in relation to such employees in the undertakings in respect of which standing orders have already been settled under section 35]. ___________________________ 1. This section was added by Mah. 47 of 1977, s. 5.

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 40

Title: Standing Orders to Be Determinative

State: Maharashtra

Year: 1946

(1) Standing orders in respect of an employer and his employees settled under this Chapter and in operation, or where there are no such standing orders, model standing orders, if any, applicable under the provisions of sub-section (5) of section 35 shall be determinative of the relations between the employer and his employees in regard to all industrial matters specified in Schedule I. (2) Notwithstanding anything contained in sub-section (1) the1[State] Government may refer, or an employee2[or a representative union] may apply in respect of any dispute of the nature referred to in clause (a) of paragraph A of section 78, to a Labour Court. ____________________________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. These words were inserted by Bom. 63 of 1953, s. 11.

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 35

Title: Settlement of Standing Orders by Commissioner of Labour

State: Maharashtra

Year: 1946

.....in the industry and making such inquiry as he deems fit, settle the said standing orders. (3) The Commissioner of Labour shall forward a copy of the standing orders so settled to the Registrar who shall within fifteen days of their receipt record them in the register kept for the purpose. (4) Standing orders so settled shall come into operation from the date of their record in the register under sub-section (3). (5) Until standing orders in respect of an undertaking come into operation under the provisions of sub-section (4), model standing orders, if any, notified in the Official Gazetteby the1[State] Government in respect of the industry shall apply to such undertaking. __________________________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Complete Act

Title: Industrial Employment Standing Orders Act, 1946 (20 of 1946)

State: Central

Year: 1946

Preamble1 - THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 Section1 - Short title, extent and application Section2 - Interpretation Section3 - Submission of draft standing orders Section4 - Conditions for certification of standing orders Section5 - Certification of standing orders Section6 - Appeals Section7 - Date of operation of standing orders Section8 - Register of standing orders Section9 - Posting of standing orders Section10 - Duration and modification of standing orders Section10A - Payment of subsistence allowance Section11 - Certifying Officers and appellate authorities to have powers of civil court Section12 - Oral evidence in contradiction of standing orders not admissible Section12A - Temporary application of model standing orders Section13 - Penalties and procedure Section13A - Interpretation, etc., of standing orders Section13B - Act not to apply to certain industrial establishments Section14 - Power to exempt Section14A - Delegation of powers Section15 - Power to make rules Schedule1 - THE SCHEDULE

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Schedule 1

Title: The Schedule

State: Central

Year: 1946

.....of probationers or badlis or temporary or casual workmen and their conditions of service." 4 UttarPradesh Schedule amended by Uttar Pradesh Industrial Employment (Standing Orders) (First Amendment) Rules, 1978. Rule 2 amending original Rule 6 whereby in addition to the matters set out in the Schedule, the following additional matters are included in the Schedule:-- 1A. Recruitment. 8A. Issue of service certificate. 9A. Censure and warning notice. 10A. Condition for promotion of workmen. 11A. Issue of wages slips. 11B. Introduction of welfare schemes such as provident fund, gratuities, etc. 11C. Age of Superannuation or retirement, rate of pension or any other facility, which the employers may like to extend or may be agreed upon by the parties. ________________________ 1.Substituted by G.S.R. 936(E), dated 10th December, 2003 (w.e.f. 10-12-2003). 2.Vide Bombay Act 21 of 1958, Section 19 (w.e.f. 15-1-1959); Act 11 of 1960, Section87 (w.e.f. 1-5-1960)]. 3.Vide Maharashtra Act 54 of 1974, Section 4]. 4.Vide Uttar Pradesh Gazette, Extra., Pt. 4, p. 2, dated 10th February, 1978.]