Indl. Estab. With 50 or more workmen as per Mah. Notification dt. 15th June, 1982 2-A(1) Application of model Standing Orders to Indl. Estab. The Model Standing Orders for every matter in the Sch. & Rule 15 - the additional matters to be applicable from date of notification by State Govt. 1(4) Proviso Industrial Establishment under Central Govt. - Applicable to Shops & Establishments under Shops & Establishments Act as per S. 38-B of that Act.
2(1-a) Amendments:- under Sec. 3 & includes alterations, variations on additions. (b) Appropriate Govt.:- Indi. Estab under Central Govt. etc.- Central Govt. Others - State Govt. (c) Certifying Officer:- Labour Commissioner or Regional Labour Commissioner & other officer by notification of State Govt. (d) Employer owner of Industrial Establishment to which Act applies includes - factory - under factories Act Govt. Industrial Establishment -appointed authority. Other Industrial Establishment - person nom responsible for supervision, owner.(ee) Model Standing Orders - As NETO Junder Sec. 15. (ef) Modification:- Includes alteration, variation addition or 2029 deletion in or to order. (g) Standing Orders - Rules relating nonamito matters in schedule. (i) Wages & workmen - As under & noLL.D. Actпи
1(4) Non - Applicability 13-B Where chapter VII of BIR Act & M.P. Indl. Estab. [S.O.] Act apply. 13-B Where fundamental Supplementary Rules, Civil Service Rules etc. apply and others notified by appr. Govt. apply.
3. Submission:- Within 6 months of applying Model Standing Orders Employer or workmen to submit 5 copies of draft and amendments to - certifying officer. Details of workmen in Form A, Rule 6(1) & workmen to submit in Form B, details of Trade Union. Proviso 5(1). Certification:- Certifying officer to send notice in Form C to workmen or employer & D to Trade Union under Rule 8 for submitting objections - within 15 days. (2) Employer, workmen etc.- given opportunity of being heard. (3) Officer to certify & send copies - within 7 days to employer and workmen.
Power of appropriate Govt. to exempt other industrial A- establishment by notification.
7 Date of operation:- If no appeal within 30 days - If appeal after 7 days of sending copies. 10(1) Modification of Certified Standing Orders - agreement - after 6 months of last modification. Only by Model Standing Orders After 1 year form date of application under Section 2-A. (2) Modification:- Employer or workmen or Trade Union to make application to Certifying Officer - 5 copies of Standing Orders, proposed modifications and agreement if any. Rule 5-Application by workmen. Rule 4 the particulars of workmen. Rule 6(1) - Employer to give in Form A, the particulars of workmen. 18 Rule 6(2) - Workmen to give in Form B, the particulars of Trade Union. 12-A(1) Model Standing Orders apply - between application of Act and certification of Standing Orders.
6(1) Against certifying officer - To Registrar of Industrial Court by employer, workmen, Trade Union. Within 30 days of sending copies u/s. 5(2). Decision to be final. Rule 13- Procedure memo of appeal in quadruplicate + certified copy of amendments etc. + order of certifying officer - to be submitted. (2) Registrar of Indl.Court to Send copies within - 7 days of order to certifying officer etc. 13A Labour Court to interpret & determine application of Standing Orders. Application under Rule 14.by workmen or representative Procedure - Rule 14-A.
13-(1) Employer modifies Standing Orders not in accordance with Act - Fine upto ₹ 5,000/- Continues offence:- fine upto 200/- every day. (2) Employer contravenes Standing Orders - fine upto 100/- continues fine upto 25/- every day. (2-A) day. Whoever contravenes Act Sub-Sec. (1) & (2) - - other than fine upto 100/-. Previously convicted finé upto 200/-. Continues offence- upto₹25/-every day. (2-B) Compensation for conviction under Sub-Sec. (1) or (2). Recovery - as a fine. If cannot be recovered, imprisonment upto 3 months. (3) Compensation for conviction under Sub-Sec. (1) or (2). Recovery - as a fine. If cannot be recovered, imprisonment upto 3 months. (14) No Court inferior to Metropolitan Magistrate or Judicial Magistrate of second class to try offence under this Section.
10-A Subsistence Allowance to workman suspended pending inquiry @ 50% of wages for 1st 90 days and @ 75% for rest. If disputed - referred to Labour Court. Decision to be final.
8. Registers:- In Form E under Rule 11. 9. Posting of Standing Orders, model Standing Orders & amendments & notice in Form C under Rule 8(2)(i).
