Industrial Employment (Standing Orders) Central Rules, 1946
Notification No. L.R. 11 (37), date the 18th December, 1946
In exercise of the powers conferred by Section 15, read with clause (b) of Section 2 of the Industrial employment (Standing Orders) Act, 1946 (XX of 1946), the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said Section 15, namely :
1. (1) These rules may be called the Industrial Employment (Standing Orders) Central Rules, 1946,
[(2) They extend to all Union territories, and shall also apply in any State (other than a Union territory) to industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oilfield].
2. In these rules, unless there is anything repugnant in the subject or context :
(a) ‘Act’ means the Industrial Employment (standing Orders) Act, 1946 (XX of 1946);
(b) ‘Form’ means a form set out in Schedule II appended to these rules.
[2-A. In the Schedule to the Act, after Item 10, the following additional matters which shall be applicable to industrial establishments in coal mines only, shall be inserted ,namely :-
“10-A. Additional matters to be provided in Standing Orders relating to industrial establishments in coal mines :-
(1) Medical aid in case of accident.
(2) Railway travel facilities.
(3) Method of filling vacancies.
(4) Transfers.
(5) Liability of manager of the establishment or mine.
(6) Service certificate.
(7) Exhibition and supply of Standing Orders.”]
3. (1) Save as other wise provided in sub-rule (2), the Model Standing Orders for the purposes of the Act shall be those set out in Schedule I appended to these rules.
(2) The Model Standing Orders for the purposes of the Act in respect of industrial establishment in coal mines shall be those set out in Schedule I- A appended to these rules.
4. An application for certification of standing orders shall be made in Form I.
5. The prescribed particulars of workmen for purposes of sub-section (3) of Section 3 of the Act shall be-
(1) total number employed,
2) number of permanent workmen,
(3) number of temporary workmen,
[(3-A) number of casual Workmen,]
(4) number of badlis or substitutes,
(5) number of probationers,
(6) number of apprentices,
(7) name of the trade union, or trade unions, if any, to which the workmen belong,
(8) remarks.
6. As soon as may be after he receives an application under Rule 4 in respect of an industrial establishment, the Certifying Officer shall-
(a) Where there is a trade union of the workmen, forward a copy of the draft standing orders to the trade union together with a notice in Form II;
(b) where there is no such trade union, call a meeting of the workmen to elect three representatives, to whom he shall, upon their election, forward a copy of the draft standing orders together with a notice in Form II.
7. Standing orders certified in pursuance of sub-section (3) of Section 5 or sub-section (2) of Section 6 of the Act shall be authenticated by the signature and seal of office of the Certifying Officer or the appellate authority as the case maybe, and shall be forwarded by such officer or authority within a week of authentication by registered letter post to the employer and to the trade union, or, as the case may be, the representatives of the workmen elected in pursuance of Rule. 6.
[7-A. (1) Any person desiring to prefer an appeal in pursuance of sub-section (1) of Section 6 of the Act shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments or modifications, as the case may be. [The memorandum of appeal shall be in Form IV set out in Schedule II to these rules.]
(2) The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the Certifying Officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
(3) Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing or the appeal and direct notice thereof to be given—
(a)where the appeal is filed by the employer or a workman, to trade unions of the workmen of the industrial establishments, and where there are no such trade unions to the representatives of workmen elected under clause (b) of Rule 6, or as the case may be, to the employer ;
(b) where the appeal is filed by a trade union, to the employer and all other trade unions of the workmen of the industrial establishment ;
(c) where the appeal is filed by the representatives of the workmen, to the employer and any other workmen whom the appellate authority joins as a party to the appeal.
(4) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
(5) The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal.
(6) On the date fixed under sub-rule[ (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.]
8. The register required to be maintained by Section 8 of the Act shall be in Form III and shall be properly bound, and the Certifying Officer shall furnish a copy of standing orders approved for an industrial establishment to any person applying there for on payment [calculated at all following rates per copy-
(i) for the first two hundred words or less, seventy-five paisa ;
(ii) for every additional one hundred words or fraction thereof, thirty-seven paisa :
Provided that, where the said standing orders exceeds five pages, the approximate number of words per page shall be taken as the basis for calculating the total number of words to the nearest hundred, for the purpose of assessing the copying fee.
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