LexThe INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
Jharkhand · state statute
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THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
ACT NO. 20 OF 19461
[23rd April, 1946.]
An Act to require employers in industrial establishments formally to define conditions of
employment under them.
WHEREAS it is expedient to require employers in industrial establishments to define with sufficient
precision the conditions of employment under them and to make the said conditions known to workmen
employed by them;
It is hereby enacted as follows: —
1. Short title, extent and application .—(1) This Act may be called the Industrial Employment
(Standing Orders) Act, 1946.
(2) It extends to 2[the whole of India 3* * *].
4 [(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 employ ing such number of persons less than one hundred as may be specified in the
notification.
5* * * * *
6[(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 establishments under the control of the Central Government.]
1. This Act has been extended to—
(i) Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Sch.
(ii) Pondicherry by Regulation 7 of 1963, s. 3 and the Sch. I (w.e.f. 1-10-1963), and
(iii) the whole of the Union territory of Lakshadweep, vide Reg. 8 of 1965, s. 3 and the Sch.
The Act has been amended in its application to—
(i) Maharashtra by Maharashtra Act 54 of 1974.
(ii) Mysore by Mysore Act 37 of 1975.
(iii) Madras by Madras Act 24 of 1960, and
(iv) Andhra Pradesh by A. P. Act 9 of 1969.
2. Subs. by the A.O. 1950, for “all the Provinces of India”.
3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 (w.e.f. 1-9-1971).
4. Subs. by Act 16 of 1961, s. 2, for sub-section (3).
5. Second proviso omitted by Act 39 of 1963, s. 2 (w.e.f. 23-12-1963).
6. Ins. by s. 2, ibid. (w.e.f. 23-12-1963).
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2. Interpretation.—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 by
notification in the Official Gazette to exercise in such area as may be s pecified in the notification the
functions of an appellate authority under this Act:
Provided that in relation to an appeal pending before an Industrial Court or other authority
immediately before the commencement of the Industrial Employment (Standing Ord ers) Amendment
Act, 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 of
the Central Government or a 2[Railway administration] or in a major port, mine or oil -field, the
Central Government, and in all other cases, the State Government:
3[Provided that where any question arises as to whether any industrial establishment is under the
control of the Central Governmen t, that Government may, either on a reference made to it by the
employer or the workman or a trade union or other representative body of the workmen, or on its own
motion and after giving the parties an opportunity of being heard, decide the question and s uch
decision 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 the
Official 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 time
being applies, and includes —
(i) in a factory, any person named under 5[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 Governmen t 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 Act;
(g) “standing orders” means rules relating to matters set out in the Schedule;
1. Subs. by Act 39 of 1963, s. 3, for cl. (a) (w.e.f. 23-12-1963).
2. Subs. by the A.O. 1950, for “Federal railway”.
3. Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
4. Subs. by Act 16 of 1961, s. 3, for cl. (c).
5. Subs. by s. 3, ibid., “for clause (e) of sub-clause (1) of section 9 of Factories Act, 1934 (25 of 1934)”.
6. Subs. by s. 3, ibid., for sub-clause (ii)
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(h) “trade union” means a trade union for the time being registered under the Indian Trade Unions
Act, 1926 (16 of 1926);
1[(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).]
3. Submission of draft standing orders .—(1) Within six months from the date on which this Act
becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five
copies 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 be
applicable to the industrial establishment, and where model standin g orders have been prescribed, shall
be, 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 giving
prescribed particulars of the workmen employed in the in dustrial establishment including the name of the
trade union, if any, to which they belong.
(4) Subject to such conditions as may be prescribed, a group of employers in similar industrial
establishments may submit a joint draft of standing orders under this section.
4. Conditions for certification of standing orders .—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 it 2[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.
5. Certification of standing orders .—(1) On receipt of the draft under section 3, the Certifying
Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such
trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed
form requiring objections, if any, which the workmen may desire to make to the draft standing orders to
be 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 as
may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any
modification of or addition to the draft submitted by the employer is necessary to render the draft standing
orders 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 any
modifications therein which his order under sub -section ( 2) may require, and shall within seven days
thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his
order under sub-section (2) to the employer and to the trade union or other prescribed representative s of
the workmen.
6. Appeals.—(1) 3[Any 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, within
4[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 Offi cer 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.
1. Subs. by Act 18 of 1982, s. 2 for cl. (i) (w.e.f. 17-5-1982).
2. Subs. by Act 36 of 1956, s. 32 for “shall not be the function” (w.e.f.17-9-1956).
3. Subs. by Act 18 of 1982, s. 3, for “Any person” (w.e.f. 17-5-1982).
4. Subs. by Act 16 of 1961, s. 4, for “twenty-one days”.
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(2) The appellate authority shall, within seven days of its order unde r sub -section ( 1), send copies
thereof to 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 Cert ifying Officer, by copies of the standing orders as certified by it and
authenticated in the prescribed manner.
7. Date of operation of standing orders .—Standing orders shall, unless an appeal 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 sub -section (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.
8. Register of standing orders .—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 therefore on payment of the
prescribed fee.
9. Posting of standing orders .—The text of the standing orders as finally certified under this Act
shall be prominently posted by the employer in English and in the language understood by the majority of
his workmen on special boards to be maintained for the purpose at or near the entrance through which the
majority of the workmen enter the industrial establishment and in all departments ther eof where the
workmen are employed.
10. Duration and modification of standing orders .—(1) Standing orders finally certified under this
Act shall not, except on agreement between the employer and the workmen 1[or a trade union or other
representative body of the workmen] , be liable to modification until the expiry of six months from the
date on which the standing orders or the last modifications thereof came into operation.
2[(2) Subject to the provisions of sub-section (1), an employer or workman 1[or a trade union or other
representative body of the workmen] may apply to the Certifying Officer to have the standing orders
modified, and such application shall be accompanied by five copies of 3*** the modifications proposed to
be made, and where such modifications are proposed to be made by agreement between the employer and
the workmen 1[or a trade union or other representative body of the workmen] , a certified copy of that
agreement shall be filed along with the application.]
(3) The foregoing provisions of this Act shall apply in respect of an application under sub -section (2)
as they apply to the certification of the first standing orders.
4[(4) Nothing contained in sub -section ( 2) shall apply to an industrial establishment in respect of
which the appropria te Government is the Government of the State of Gujarat or the Government of the
State of Maharashtra.]
5[10A. Payment of subsistence allowance.—(1) Where any workmen is suspended by the employer
pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall
pay to such workman subsistence allowance—
(a) at the rate of fifty per cent . of the wages which the workman was entitled to immediately
preceding the date of such suspension, for the first ninety days of suspension; and
(b) at the rate of seventy -five per cent . of such wages for the remaining period of suspension if
the delay in the completion of disciplinary proceedings against such workman is not directly
attributable to the conduct of such workman.
1. Ins. by Act 18 of 1982, s. 4 (w.e.f. 17-5-1982).
2. Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f. 17-9-1956).
3. Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-1963).
4. Ins. by s. 4, ibid. (w.e.f. 23-12-1963).
5. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982).
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(2) If any dispute arises regarding the subsistence allowance payable to a workman under
sub-section ( 1) the workman or the employer concerned may refer the dispute to the Labour Court,
constituted under the Industrial Disputes Act, 1947 (14 o f 1947), within the local limits of whose
jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour
Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard,
decide the dispute and such decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions
relating to payment of subsistence allowance under any other law for the time being in force in any State
are more beneficial than the provisions of this section, the provisions of such other law shall be applicable
to the payment of subsistence allowance in that State.]
11. Certifying Officers and appellate authorities to have powers of civil court .—1[(1)] Every
Certifying Officer and appellate authority shall have all the powers of a Civil Court for the purposes of
receiving evidence, administering oaths, enforcing the attendance of witnesses, and compelling the
discovery and production of documents, and shall be deemed to be a civil court within the meaning of
2[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).]
3[(2) Clerical or arithmetical mistakes in any order passed by a Certifying Officer or appellate
authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by
that Officer or authority or the successor in office of such Officer or authority, as the case may be.]
12. Oral evidence in contradiction of standing or ders not admissible .—No oral evidence having
the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this
Act shall be admitted in any Court.
4[12A. Temporary application of model standing orders.—(1) Notwithstanding anything contained
in sections 3 to 12, for the period commencing on the date on which this Act becomes applicable to an
industrial establishment and ending with the date on which the standing orders as finally certified under
this Act come into operation under section 7 in that establishment, the prescribed model standing orders
shall be deemed to be adopted in that establishment, and the provisions of section 9, sub -section (2) of
section 13 and section 13A shall apply to such model standi ng orders as they apply to the standing orders
so certified.
(2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which
the appropriate Government is the Government of the State of Gujarat or the Government of t he State of
Maharashtra.]
13. Penalties and procedure.—(1) An employer who fails to submit draft standing orders as required
by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be
punishable with fine which may extend to five thousand rupees, and in the 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) An employer who does any act in contravention of t he standing orders finally certified under this
Act or his industrial establishment shall be punishable 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) No prosecution for an offence punishable under this section shall be instituted except with the
previous sanction of the appropriate Government.
(4) No Court inferior to that of 5[a Metropolitan Magistrate or Judicial Magistrate of the second class]
class] shall try any offence under this section.
1. S. 11 renumbered as sub-section (1) thereof by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
2. Subs. by Act 18 of 1982, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)”
(w.e.f. 17-5-1982).
3. Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
4. Ins. by s. 6, ibid. (w.e.f. 23-12-1963).
5. Subs. by Act 18 of 1982, s. 7, for “a Metropolitation Magistrate or Judicial Magistrate of the second class” (w.e.f. 17-5-1982).
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1[13A. Interpretation, etc., of standing orders .—If any question arises as to the application or
interpretation of a standing order certified unde r this Act, any employer or workman 2[or a trade union or
other representative body of the workmen] may refer the question to any one of the Labour Courts
constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of s uch
proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court
to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the
question and such decision shall be final and binding on the parties.
13B. Act not to apply to certain industrial establishments .—Nothing in this Act shall apply to an
industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental
and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services
(Temporary Servi ces) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence
Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any
other rules or regulations that may be notified in this behalf by the appropriate Government in the Official
Gazette, apply.]
14. Power to exempt .—The appropriate Government may by notification in the Official Gazette
exempt, conditionally or unconditionally, any industrial establishment or class of industrial
establishments from all or any of the provisions of this Act.
3[14A. Delegation of powers .—The appropriate Government may, by notification in the Official
Gazette, direct that any power exercisable by it under this Act or any rules made thereunder shall, in
relation to such m atters and subject to such conditions, if any, as may be specified in the direction, be
exercisable also—
(a) where the appropriate Government is the Central Government, by such officer or authority
subordinate to the Central Government or by the State Gov ernment or by such officer or authority
subordinate to the State Government, as may be specified in the notification;
(b) where the appropriate Government is a State Government, by such officer or authority
subordinate to the State Government as may be specified in the notification.]
15. Power to make rules .—(1) The appropriate Government may, after previous publication, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed
in modifying standing orders certified under this Act in accordance with any such addition;
(b) set out model standing orders for the purposes of this Act;
(c) prescribe the procedure of Certifying Officers and appellate authorities;
(d) prescribe the fee which may be charged for copies of standing orders entered in the register of
standing orders;
(e) provide for any other matter which is to be or may be prescribed:
Provided that before any rules are made under clause ( a) representatives of both employers and
workmen shall be consulted by the appropriate Government.
1. Ins. by Act 36 of 1956, s. 32 (w.e.f. 10-3-1957).
2. Ins. by Act 18 of 1982, s. 8 (w.e.f. 17-5-1982).
3. Subs. by Act 39 of 1963, s. 7, for s. 14A (w.e.f. 23-12-1963).
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1[(3) Every rule made by the Centr al Government under this section shall be laid as soon as may be
after it is made, before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or 2[in two or more successive sessions, and i f, before the expiry
of the session immediately following the session or the successive sessions aforesaid] , both Houses agree
in making any modification in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.]
1. Ins. by Act 16 of 1961, s. 6.
2. Subs. by Act 18 of 1982, s. 9, for certain words (w.e.f. 17-5-1982).
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THE SCHEDULE
[See sections 2(g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDER UNDER THIS ACT
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or
badlis.
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority which may grant, leave and holidays.
6. Requirement to enter premises by certain gates, and liability to search.
7. Closing and re-opening of sections of the industrial establishment, and temporary stoppages of
work and the rights and liabilities of the employer and workmen arising therefrom.
8. Termination of employment, and the notice thereof to be given by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or
his agents or servants.
11. Any other matter which may be prescribed.