The Industrial Employmnet (Standing Orders) Act, 1946

(1) This Act may be called the Industrial Employment(Standing Orders) Act, 1946. (2) It extends to 1[the whole of India 2* * *]. 3[(3) It applies to every industrial establishment wherein one hundred or more workmen areemployed, 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 itsintention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrialestablishment employing such number of persons less than one hundred as may be specified in thenotification. 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 IndustrialEmployment (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 applyto all industrial establishments under the control of the Central Government.] STATE AMENDMENTS Karnataka Amendment of section 1.---In section 1 of the Industrial Employment (Standing Orders) Act, 1946(Central Act 20 of 1946) in its application to the State of Karnataka, for the words "one hundred"occurring in sub-section (3) and in the proviso to it, the word "fifty", shall be substituted. [Vide Karnataka Act 37 of 1975, s. 2] Maharashtra Amendment of section 1 of Act XX of 1946.--In sub-section (3) of section 1 of the said Act, for thewords "one hundred" the word "fifty" shall be substituted. [Vide Bombay Act XXI of 1958, s. 4]

In this Act, unless there is anything repugnant in the subject or context,-- 1[(a) "appellate authority" means an authority appointed by the appropriate Government bynotification in the Official Gazette to exercise in such area as may be specified in the notification thefunctions of an appellate authority under this Act: Provided that in relation to an appeal pending before an Industrial Court or other authorityimmediately before the commencement of the Industrial Employment (Standing Orders) AmendmentAct, 1963 (39 of 1963), that court or authority shall be deemed to be the appellate authority;] (b) "appropriate Government" means in respect of industrial establishments under the control ofthe Central Government or a 2[Railway administration] or in a major port, mine or oil-field, theCentral Government, and in all other cases, the State Government: 3[Provided that where any question arises as to whether any industrial establishment is under thecontrol of the Central Government, that Government may, either on a reference made to it by theemployer or the workman or a trade union or other representative body of the workmen, or on its ownmotion and after giving the parties an opportunity of being heard, decide the question and suchdecision shall be final and binding on the parties;] 4[(c) "Certifying Officer" means a Labour Commissioner or a Regional Labour Commissioner,and includes any other officer appointed by the appropriate Government, by notification in theOfficial Gazette, to perform all or any of the functions of a Certifying Officer under this Act;] (d) "employer" means the owner of an industrial establishment to which this Act for the timebeing applies, and includes -- (i) in a factory, any person named under 5[clause (f) of sub-section (1) of section 7, of theFactories Act, 1948 (63 of 1948)], as manager of the factory; (ii) in any industrial establishment under the control of any department of any Government inIndia, the authority appointed by such Government in this behalf, or where no authority is soappointed, the head of the department; (iii) in any other industrial establishment, any person responsible to the owner for thesupervision 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 WagesAct, 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 of1890), or (iv) the establishment of a person who, for the purpose of fulfilling a contract with the ownerof any industrial establishment, employs workmen; (f) "prescribed" means prescribed by rules made by the appropriate Government under this Act; (g) "standing orders" means rules relating to matters set out in the Schedule; (h) "trade union" means a trade union for the time being registered under the Indian Trade UnionsAct, 1926 (16 of 1926); 7[(i) "wages" and "workman" have the meanings respectively assigned to them in clauses (rr) and(s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947).] STATE AMENDMENTS Maharashtra.-- Amendment of section 2 of Act XX of 1946.--In section 2 of the said Act,-- (a) before clause (a), insert the following clause, namely:-- "(1a) 'amendments' mean in relation to the model standing orders any amendments proposedto such orders under section 3 and includes any alterations, variations or additions proposedthereto; (b) in clause (d), for sub-clause (iii), substitute the following sub-clause, namely:-- "(iii) in any other industrial establishment-- (a) any person responsible to the owner for the supervisions and control of theindustrial establishment; (b) where a person who, for the purpose of fulfilling a contract with the owner of theindustrial establishment, employs workmen on the premises of the establishment for theexecution of the whole or any part of any work which is ordinarily part of suchestablishment then in relation to such workmen, the owner of the industrialestablishment; (c) in clause (e), delete sub-clause (iv) shall be deleted; (d) after clause (e), insert the following clauses, namely:-- "(ee) 'model standing orders' mean standing orders prescribed under section 15; (ef) 'modification' includes in relation to a standing order, any alteration, variation,addition or deletion in, or to, such order;" [Vide Bombay Act XXI of 1958, s. 5] Insertion of new section 2A in Act XX of 1946.--After section 2 of the said Act, the followingsection shall be inserted, namely:-- "2A. Application of model standing orders to every industrial establishment.--(1) Where thisAct applies to an industrial establishment, the model standing orders for every matter set out in theSchedule applicable to such establishment shall apply to such establishment from such date as theState Government may by notification in the Official Gazette appoint in this behalf: Provided that nothing in this section shall be deemed to affect any standing orders which arefinally certified under this Act and have come into operation under this Act in respect of anyindustrial establishment before the date of the coming into force of the Industrial Employment(Standing Orders) Bombay Amendment) Act, 1957." [Vide Bombay Act XXI of 1958, s. 6] Maharashtra.-- Amendment of section 2 of Act XX of 1946.--In section 2 of the Industrial Employment (StandingOrders) act, 1946, in clause (d),-- (1) for sub-clause (iii) the following shall be substituted, namely:-- "(iii) in any other industrial establishment-- (a) any person responsible to the owner for the supervision and control of the industrialestablishment; (b) where a person who for the purpose of fulfilling a contract with the owner of theindustrial establishment employs workmen on the premises of the establishment for theexecution of the whole or any part of any work which is ordinarily part of such establishmentthen in relation to such workmen, the owner of the industrial establishment; (2) sub-clause (iv) shall be, deleted; [Vide Bombay Act XXXVI of 1956, s. 2] Maharashtra.-- Amendment of section 2A of Act XX of 1946.--In the Industrial Employment (Standing Orders)Act, 1946, in its application to the State of Maharashtra (hereinafter, referred to as the "Principal Act"),section 2A shall be renumbered as sub-section (1) of that section, and after sub-section (1) sorenumbered, the following new sub-section shall be added, namely:-- "(2) Notwithstanding anything contained in the proviso to sub-section (1), model standing ordersmade in respect of additional matters included in the Schedule after the coming into force of the Actreferred to in that proviso (being additional matters relating to probationers or badlis or temporary orcasual workmen) shall unless such model standing orders are in the opinion of Certifying Officer lessadvantageous to them than the corresponding standing orders applicable to them under the saidproviso also apply in relation to such workmen in the establishments referred to in the said provisofrom such date as the State Government may, by notification in the Official Gazette, appoint in thisbehalf." [Vide Maharashtra Act LIV of 1974, s. 2]

(1) Within six months from the date on which this Actbecomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer fivecopies of the draft standing orders proposed by him for adoption in his industrial establishment. (2) Provision shall be made in such draft for every matter set out in the Schedule which may beapplicable to the industrial establishment, and where model standing orders have been prescribed, shallbe, so far as is practicable, in conformity with such model. (3) The draft standing orders submitted under this section shall be accompanied by a statement givingprescribed particulars of the workmen employed in the industrial establishment including the name of thetrade union, if any, to which they belong. (4) Subject to such conditions as may be prescribed, a group of employers in similar industrialestablishments may submit a joint draft of standing orders under this section. STATE AMENDMENTS Karnataka Substitution of section 3.--For section 3 of the Industrial Employment (Standing Orders) Act, 1946(hereinafter referred to as the principal Act), the following shall be substituted, namely:-- "3. Submission of Standing Orders.--(1) Within six months from the date on which theIndustrial Employment (Standing Orders) (Karnataka Amendment) Act, 2005 becomes applicable toan industrial establishment, the employer shall prepare the Standing Orders proposed by him foradoption in his industrial establishment. (2) The Standing Order prepared as required under sub-section (1) shall refer to every matter setout in the schedule which may be applicable to the Industrial establishment and where ModelStanding Orders have been prescribed shall be so far as is practicable in conformity with such ModelStanding Order. (3) The Standing Orders so prepared shall be discussed with the Trade unions existing in theIndustrial establishment or representatives of the workmen, before adoption and the employeeproviding proof thereof: Provided no Standing Order adopted under this sub-section shall be effective unless a copythereof as adopted is sent to the Certifying Officer by Registered Post Acknowledgement due and theacknowledgement therefor is received and filed. (4) If there is no dispute with regard to the clauses and matters set out in the Standing Ordersdrafted by the employer of the Industrial Establishment, then it shall be adopted in the IndustrialEstablishment as if it is certified under this Act and a copy thereof shall be sent immediately to theCertifying Authority by Registered Post Acknowledgement Due. (5) If there is any dispute or disagreement with regard to the adoption of any clauses or matter setout in the schedule between the employer and the trade Union or workmen representatives, then suchStanding Orders drafted by the employer shall be submitted to the Certifying Officer notified underthe rules with thirty days from the date of dispute, for adoption in the Industrial establishment." [Vide Karnataka Act 12 of 2014, s. 2] Maharashtra.-- Amendment of section 3 of Act XX of 1946.--In section 3 of the said Act,-- (a) for sub-section (1), the following shall be substituted, namely:-- "(1) Within six months from the date on which the model standing orders apply to anyindustrial establishment under section 2A, the employer or any workman employed therein maysubmit to the Certifying Officer five copies of the draft amendments for adoption in suchindustrial establishment: Provided that no amendment which provides for the deletion or omission of any rule in themodel standing orders relating to any matter set out in the Schedule shall be submitted under thissection;" (b) sub-section (2) shall be deleted. (c) in sub-section (3), for the words "draft standing orders, substitute "draft amendments"shall be substituted. (d) in sub-section (4), for the words "draft of standing orders", substitute "draft ofamendments". (e) for the marginal note, the marginal note "Submission of amendments." Shall besubstituted. [Vide Bombay XXI of 1958, s. 7]

Standing orders shall be certifiable under thisAct if-- (a) provision is made therein for every matter set out in the Schedule which is applicable to theindustrial establishment, and (b) the standing orders are otherwise in conformity with the provisions of this Act; and it 1[shall be the function] of the Certifying Officer or appellate authority to adjudicate upon thefairness or reasonableness of the provisions of any standing orders. STATE AMENDMENT Karnataka Amendment of section 4.--In section 4 of the principal Act, for the words “Standing Orders shall becertifiable”, the words, brackets and figures “In the event of submitting the draft Standing Order undersub-section (5) of the section 3, the Standing Orders shall be certifiable” shall be substituted. [Vide Karnataka Act 12 of 2014, s. 3]

(1) On receipt of the draft under section 3, the CertifyingOfficer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no suchtrade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribedform requiring objections, if any, which the workmen may desire to make to the draft standing orders tobe submitted to him within fifteen days from the receipt of the notice. (2) After giving the employer and the trade union or such other representatives of the workmen asmay be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not anymodification of or addition to the draft submitted by the employer is necessary to render the draft standingorders certifiable under this Act, and shall make an order in writing accordingly. (3) The Certifying Officer shall thereupon certify the draft standing orders, after making anymodifications therein which his order under sub-section (2) may require, and shall within seven daysthereafter send copies of the certified standing orders authenticated in the prescribed manner and of hisorder under sub-section (2) to the employer and to the trade union or other prescribed representatives ofthe workmen. STATE AMENDMENTS Karnataka Amendment of section 5.---In section 5 of the principal Act, in sub-section (1), for the word and thefigure "section 3 ", the words, brackets and figure "sub-section (5) of section 3 " shall be substituted. [Vide Karnataka Act 12 of 2014, s. 4] Maharashtra.-- Amendment of section 5 of Act XX of 1946.--In section 5 of the said Act,-- (a) in sub-section (1),-- (i) after the words "as may be prescribed ", insert "or the employer, as the case may be ", and after the word "workmen " where it occurs for the third time, insert "or employer "; (ii) for the words "draft standing orders ", substitute the words "draft amendments ". (b) in sub-section (2),-- (i) after the words "giving the employer ", insert "the workmen submitting theamendments "; (ii) delete the words "or addition to "; (iii) for the words "the draft submitted by the employer is necessary to render the draftstanding orders certifiable under this Act ", substitute "the draft submitted under sub-section(1) of section 3 is necessary ". (c) in sub-section (3),-- (i) for the words "certify the draft standing orders ", substitute "certify the draftamendments "; (ii) for the words "certified standing orders ", substitute "model standing orders togetherwith copies of the certified amendments thereof ". (d) in the marginal note, for the words "standing orders ", substitute the word "amendments ". [Vide Bombay Act XXI of 1958, s. 9]