Industrial Employmnet (Standing Orders) Act, 1946
No: 20 Dated: Apr, 23 1946
THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
ACT NO. 20 OF 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:—
STATE AMENDMENT
Maharashtra
Amendment of long title of Act XX of 1946.—In the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as “the said Act” ) for the long title the following shall be substituted, namely:--
“An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishment in the State of Bombay.”
Amendment of preamble of Act XX of 1946.—In the preamble of the said Act, for the portion beginning with the words “to require” and ending with the words “by them”, the words “to provide for defining with sufficient precision certain conditions of employment in industrial establishment in the State of Bombay, and for certain other matters” shall be substituted.
1. Short title, extent and application.—(1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to the whole of India.
(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) 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.
STATE AMENDMENT
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.
Maharashtra
Amendment of section 1 of Act XX of 1946.—In sub-section (3) of section 1 of the said Act, for the words “one hundred” the word “fifty” shall be substituted.
2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—
(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 specified 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 Orders) 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 Railway administration or in a major port, mine or oil-field, the Central Government, and in all other cases, the State Government:
Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, 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 such decision shall be final and binding on the parties;
(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 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 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
(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;
(h) “trade union” means a trade union for the time being registered under the Indian Trade Unions Act, 1926 (16 of 1926);
(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).