Bare Act Search Results

Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 Complete Act

State: Central

Year: 1961

.....make such enquiries and collect such information from the employers and employees as he may consider necessary for the purposes of this Act. SECTION 16: CERTAIN OFFICERS TO BE PUBLIC SERVANTS An Inspector or a Certifying Officer, appointed under this Act, shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860)-[See sections 3 (b)-and6 (3)-]. SECTION 17: PENALTIES AND PROCEDURE (1) If, in any undertaking to which the Madhya Pradesh Industrial Relations Act, 1960, does not apply, any employer modifies his standing orders otherwise than in accordance with the provisions of this Act, he shall be punished with fine which may extend to five thousand rupees and in case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues. (2) Any employer who does any act in contravention of standing orders shall be punished with fine which may extend to one hundred rupees and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues. (3).....

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

Title: The Industrial Employment (Standing Orders) Act, 1946

State: Central

Year: 1946

.....Schedule (w.e.f. 1-10-1967). 2. Vide Bombay Act 21 of 1958, Section 2 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960). 3. Vide Bombay Act 21 of 1958, Section 3 (w.e.f. 15-1-1959). 4. Vide Bombay Act 21 of 1958, Section 21 (w.e.f. 15-1-1959). 5. Vide Madhya Pradesh Act 26 of 1961, Section 4 (w.e.f. 25-11-1961)]. 6. The Act applies to every undertaking in the State, wherein 20 or more persons are employed during the 12 months preceding or on the day the Act, i.e., Madhya Pradesh Act 26 of 1961, came into force or thereafter. Provision for extension of the said Act to any other class or classes of undertakings has been made in the Act by section 2.

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

Title: Short Title, Extent and Application

State: Central

Year: 1946

(1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946. (2) It extends to1[the whole of India2[***]]. 3[(3) It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months: Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification. 4[***] 5[(4) Nothing in this Act shall apply to-- (i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 (Bombay Act 11 of 1947) apply; or (ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961) apply: Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961), the provisions of this Act shall apply to all industrial.....

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

Title: Interpretation

State: Central

Year: 1946

.....this Act;] (d) "employer" means the owner of an industrial establishment to which 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).....

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 3

Title: Submission of Draft Standing Orders

State: Central

Year: 1946

.....for adoption in such industrial establishment: Provided that no amendment which provides for the deletion or omission of any rule in the model standing orders relating to any matter set out in the Schedule shall be submitted under this section;" (ii) delete sub-section (2). (iii) in sub-section (3), for the words "draft standing orders, substitute "draft amendments". (iv) in sub-section (4), for the words "draft of standing orders", substitute "draft of amendments". (v) for the marginal note, substitute the following marginal note:-- "Submission of amendments." ________________________ 1. Vide Bombay Act 21 of 1958, Section 7 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 4

Title: Conditions for Certification of Standing Orders

State: Central

Year: 1946

Standing orders shall be certifiable under this Act if-- (a) provision is made therein for every matter set out in the Schedule which is applicable to the industrial establishment, and (b) the standing orders are otherwise in conformity with the provisions of this Act, and it1[shall be the function] of the Certifying Officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing orders. STATE AMENDMENT 2Maharashtra: Gujarat Delete section 4. ________________________ 1. Substituted by Act 36 of 1956, Section 32, for "shall not be the function" (w.e.f. 17-9-1956). 2. Vide Bombay Act 21 of 1958, Section 8 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 5

Title: Certification of Standing Orders

State: Central

Year: 1946

.....orders", substitute the words "draft amendments". (ii) in sub-section (2),-- (a) after the words "giving the employer", insert "the workmen submitting the amendments"; (b) delete the words "or addition to"; (c) for the words "the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act", substitute "the draft submitted under sub-section (1) of section 3 is necessary". (iii) in sub-section (3),-- (a) for the words "certify the draft standing orders", substitute "certify the draft amendments"; (b) for the words "certified standing orders", substitute "model standing orders together with copies of the certified amendments thereof". (iv) in the marginal note, for the words "standing orders", substitute the word "amendments". ________________________ 1. Vide Bombay Act 21 of 1958, Section 9 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 6

Title: Appeals

State: Central

Year: 1946

.....employer, workmen, trade union or other prescribed representatives of the workmen] aggrieved by the order of the Certifying Officer under sub-section (2) of section 5 may, within2[thirty days] from the date on which copies are sent under sub-section (3) of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing orders certifiable under this Act. (2) The appellate authority shall, within seven days of its order under subsection (1), send copies thereof of the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying Officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner. STATE AMENDMENT 3Maharashtra: Gujarat In section 6,-- (i) in sub-section (1) for the.....

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 7

Title: Date of Operation of Standing Orders

State: Central

Year: 1946

.....is preferred under section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under subsection (3) of section 5, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent under sub-section (2) of section 6. STATE AMENDMENTS 1Maharashtra: Gujarat In section 7 and in the marginal note thereto, after the words "standing orders", insert the words "or amendments". 2Saurashtra Area (Gujarat) In its application to the Saurashtra area of the State of Bombay, in section 7, sub-section (2) inserted by the Industrial Employment Standing Orders (Saurashtra Amendment) Act, 1953, shall be deleted; and section 7(1) shall be renumbered as section 7 of the said Act: Provided that any model standing orders in respect of any industrial establishment referred to in the said sub-section (2) of section 7 deleted as aforesaid, and in operation on the date of the coming into force of this Act, shall be deemed to be the model standing orders prescribed under section 15 of the said Act and applied to the industrial establishment under.....

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 8

Title: Register of Standing Orders

State: Central

Year: 1946

A copy of all standing orders as finally certified under this Act shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose, and the Certifying Officer shall furnish a copy thereof to any person applying therefor on payment of the prescribed fee. STATE AMENDMENT 1Maharashtra: Gujarat In section 8,-- (i) after the words "all standing orders", insert the words "or model standing orders together with all the amendments"; (ii) in the marginal note, after the words "standing orders", insert "and model standing orders together with all certified amendments". ________________________ 1. Vide Bombay Act 21 of 1958, Section 13 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).