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INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT

Ministry of Law and Justice

Act nº 20 of 1946


  • Schedules
  • Act nº 20 of 1946

Preamble

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

[Act, No. 20 of 1946]1

[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;

STATE AMENDMENTS

2 [3 [4 [Maharashtra: Gujarat]]]

(i) For the long title, substitute the following, namely:--

"An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishments in the State of Bombay".

(ii) In the Preamble, for the portion beginning with the words "to require" and ending with the words "by them", substitute the words "to provide for defining with sufficient precision certain conditions of employment in industrial establishments in the State of Bombay, and for certain other matters."

(iii) Nothing in the Industrial Employment (Standing Orders) (Bombay Amendment) Act, 1957 (Bombay Act 21 of 1958), shall be deemed to affect any industrial establishment in respect of which the appropriate Government is the Central Government.

5 Madhya Pradesh.--"Nothing in the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), shall apply to any undertaking to which this Act applies6 ."

It is hereby enacted as follows:--

1. For Statement of Objects and Reasons, see Gazette of India, 1946, Pt.V, pp.179 and 180. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, Section 3 and Schedule, to Pondicherry by Reg. 7 of 1963, Section 3 and Schedule I (w.e.f. 1-10-1963), and to Laccadive Minicoy and Amin Divi Islands by Reg. 8 of 1965, Section 3 and Schedule (w.e.f. 1-10-1967).

2. Vide Bombay Act 21 of 1958, Section 2 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).

3. Vide Bombay Act 21 of 1958, Section 3 (w.e.f. 15-1-1959).

4. Vide Bombay Act 21 of 1958, Section 21 (w.e.f. 15-1-1959).

5. Vide Madhya Pradesh Act 26 of 1961, Section 4 (w.e.f. 25-11-1961)].

6. The Act applies to every undertaking in the State, wherein 20 or more persons are employed during the 12 months preceding or on the day the Act, i.e., Madhya Pradesh Act 26 of 1961, came into force or thereafter. Provision for extension of the said Act to any other class or classes of undertakings has been made in the Act by section 2.


Section 1. Short title, extent and application

(1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.

(2) It extends to1[the whole of India2[***]].

3[(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[***]

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 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 AMENDMENTS

6Karnataka.--In section 1, in sub-section (3) and in proviso to it, for the words "one hundred" substitute "fifty".

7Maharashtra: Gujarat.--In section 1, in sub-section (3), for the words "one hundred" substitute "fifty".

1. Substituted by the A.O. 1950, for "all the Provinces of India".

2. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, Section 2 and Schedule (w.e.f. 1-9-1971).

3. Substituted by Act 16 of 1961, Section 2, for sub-section (3).

4. Second proviso omitted by Act 39 of 1963, Section 2 (w.e.f. 23-12-1963).

5. Inserted by Act 39 of 1963, Section 2 (w.e.f. 23-12-1963).

6. Vide Karnataka Act 37 of 1975, Section 2 (w.e.f. 11-7-1977).

7. Vide Bombay Act 21 of 1958, Section 4 (w.e.f. 15-1-1959) and Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).


Section 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 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 a2 [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 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;]

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, andincludes

(i) in a factory, any person named under5 [clause (f) of subsection (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

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;

(h) "trade union" means a trade union for the time being registered under the Indian Trade Unions Act, 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

8 AndhraPradesh

In section 2, in clause (e), after sub-clause (iv), insert the following, namely:--

"or,

(v) such other establishment, as the State Government may, by notification in the Andhra Pradesh Gazette, specify in this behalf, which does not fall within any of sub-clauses (i) to (iv), and in respect of which the State Government is the appropriate Government.

9 Gujarat:Maharashtra

In section 2,--

(i) before clause (a), insert the following clause, namely:--

"(1a) 'amendments' mean in relation to the model standing orders any amendments proposed to such orders under section 3 and includes any alterations, variations or additions proposed thereto;"

(ii) 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 the industrial establishment;

(b) where a person who, for the purpose of fulfilling a contract with the owner of the industrial establishment, employs workmen on the premises of the establishment for the execution of the whole or any part of any work which is ordinarily part of such establishment then in relation to such workmen, the owner of the industrial establishment;

(iii) in clause (e), delete sub-clause (iv);

(iv) 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;"

10 TamilNadu

In section 2, to clause (e), add the following proviso, namely:--

"Provided that the State Government may, in relation to industrial establishments in respect of which it is the appropriate Government, appoint by notification in the Official Gazette, any officer subordinate to the Labour Commissioner to exercise in such areas as may be specified in the notification, the functions of a certifying officer under this Act, and any officer appointed as aforesaid may exercise those functions, whether or not the Labour Commissioner is absent."

Section 2A

11 Maharashtra:Gujarat

After section 2, insert the following section, namely:--

"2A. Application of model standing orders to every industrial establishment.--(1) Where this Act applies to an industrial establishment, the model standing orders for every matter set out in the Schedule applicable to such establishment shall apply to such establishment from such date as the State Government may by notification in the Official Gazette appoint12 in this behalf:

Provided that nothing in this section shall be deemed to affect any standing orders which are finally certified under this Act and have come into operation under this Act in respect of any industrial establishment before the date of the coming into force of the Industrial Employment (Standing Orders) Bombay Amendment) Act, 1957."

13 Maharashtra

Section 2A renumbered as sub-section (1) of that section and after sub-section (1) so renumbered, following new sub-section (2) shall be added:

"(2) Notwithstanding anything contained in the proviso to sub-section (1) model standing orders made in respect of additional matters included in the Schedule after the coming into force of the Act referred to in that Proviso (being additional) matters relating to probationers or badlis or temporary or casual workmen shall unless such model standing orders are in the opinion of certifying officer less advantageous to them than the corresponding standing orders applicable to them under the said proviso also apply in relation to such workmen in the establishments referred to in the said proviso from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf.

1.Substituted by Act 39 of 1963, Section 3, for clause (a) (w.e.f. 23-12-1963).

2.Substituted by the A.O. 1950, for "Federal railway".

3. Added by Act 18 of 1982,Section 2 (w.e.f. 17-5-1982).

4.Substituted by Act 16 of 1961, Section 3, for clause (c).

5.Substituted by Act 16 of 1961, Section 3, for "clause (e) of sub-section (1) of section 9 of the Factories Act, 1934 (25 of 1934)".

6.Substituted by Act 16 of 1961, Section 3, for sub-clause (ii).

7.Substituted by Act 18 of 1982, Section 2, for clause (i) (w.e.f. 17-5-1982).

8.Vide Andhra Pradesh Act 9 of 1969, Section 2 (w.e.f. 31-1-1969).

9.Vide Bombay Act 21 of 1958, Section 5 (15-1-1959); Act 11 of 1960, Section 87 (w.e.f.1-5-1960).

10.Vide Tamil Nadu Act 24 of 1960, Section 2 (w.e.f. 2-11-1960)].

11.Vide Bombay Act 21 of 1958, Section 6 (w.e.f. 15-1-1959); Act 11 of 1960, Section87 (w.e.f. 1-5-1960)].

12. 15-1-1959 See Bom Govt.Gaz. 1959 Pt. I-1 page 333.

13.Vide Maharashtra Act 54 of 1974, Section 2.


Section 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 standing 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 industrial 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.

STATE AMENDMENT

1Maharashtra: Gujarat

(i) In section 3, for sub-section (1), substitute the following sub-section, namely:--

"(1) Within six months from the date on which the model standing orders apply to any industrial establishment under section 2A, the employer or any workman employed therein may submit to the Certifying Officer five copies of the draft amendments for adoption in such industrial establishment:

Provided that no amendment which provides for the deletion or omission of any rule in the model standing orders relating to any matter set out in the Schedule shall be submitted under this section;"

(ii) delete sub-section (2).

(iii) in sub-section (3), for the words "draft standing orders, substitute "draft amendments".

(iv) in sub-section (4), for the words "draft of standing orders", substitute "draft of amendments".

(v) for the marginal note, substitute the following marginal note:--

"Submission of amendments."

1. Vide Bombay Act 21 of 1958, Section 7 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).


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 it1[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.

STATE AMENDMENT

2Maharashtra: Gujarat

Delete section 4.

1. Substituted by Act 36 of 1956, Section 32, for "shall not be the function" (w.e.f. 17-9-1956).

2. Vide Bombay Act 21 of 1958, Section 8 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).


Section 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 representatives of the workmen.

STATE AMENDMENT

1Maharashtra: Gujarat

(i) In section 5, in sub-section (1),--

(a) 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";

(b) for the words "draft standing orders", substitute the words "draft amendments".

(ii) in sub-section (2),--

(a) after the words "giving the employer", insert "the workmen submitting the amendments";

(b) delete the words "or addition to";

(c) for the words "the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act", substitute "the draft submitted under sub-section (1) of section 3 is necessary".

(iii) in sub-section (3),--

(a) for the words "certify the draft standing orders", substitute "certify the draft amendments";

(b) for the words "certified standing orders", substitute "model standing orders together with copies of the certified amendments thereof".

(iv) in the marginal note, for the words "standing orders", substitute the word "amendments".

1. Vide Bombay Act 21 of 1958, Section 9 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).


Section 6. Appeals

(1)1[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, within2[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 Officer 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.

(2) The appellate authority shall, within seven days of its order under subsection (1), send copies thereof of 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 Certifying Officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner.

STATE AMENDMENT

3Maharashtra: Gujarat

In section 6,--

(i) in sub-section (1) for the portion beginning with "confirm the standing orders" and ending with "certifiable under this Act", substitute the following, namely:-- "confirm the amendments either in the form certified by the Certifying Officer or after further modifying the same as the appellate authority thinks necessary."

(ii) in sub-section (2),--

(a) for "unless it has confirmed without amendment the standing orders", substitute "unless it has confirmed without further modifications the amendments";

(b) for "by copies of the standing orders", substitute "by copies of the model standing orders together with the amendments".

1. Substituted by Act 18 of 1982, Section 3, for "Any person" (w.e.f. 17-5-1982).

2. Substituted by Act 16 of 1961, Section 4, for "twenty-one days".

3. Vide Bombay Act 21 of 1958, Section 10 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960)].


Section 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 subsection (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.

STATE AMENDMENTS

1Maharashtra: Gujarat

In section 7 and in the marginal note thereto, after the words "standing orders", insert the words "or amendments".

2Saurashtra Area (Gujarat)

In its application to the Saurashtra area of the State of Bombay, in section 7, sub-section (2) inserted by the Industrial Employment Standing Orders (Saurashtra Amendment) Act, 1953, shall be deleted; and section 7(1) shall be renumbered as section 7 of the said Act:

Provided that any model standing orders in respect of any industrial establishment referred to in the said sub-section (2) of section 7 deleted as aforesaid, and in operation on the date of the coming into force of this Act, shall be deemed to be the model standing orders prescribed under section 15 of the said Act and applied to the industrial establishment under section 2A, and the provisions of the said Act shall apply thereto as they apply to the model standing orders duly applied under the said section 2A.

Nothing in this Act shall be deemed to affect any industrial establishment in respect of which the appropriate Government is the Central Government.

1. Vide Bombay Act 21 of 1958, Section 11 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960)].

2. Vide Bombay Act 21 of 1958, Section 12 and 21 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).


Section 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 therefor on payment of the prescribed fee.

STATE AMENDMENT

1Maharashtra: Gujarat

In section 8,--

(i) after the words "all standing orders", insert the words "or model standing orders together with all the amendments";

(ii) in the marginal note, after the words "standing orders", insert "and model standing orders together with all certified amendments".

1. Vide Bombay Act 21 of 1958, Section 13 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).


Section 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 thereof where the workmen are employed.

STATE AMENDMENT

1Maharashtra: Gujarat

In section 9,--

(i) after the words "standing orders", insert the words "or model standing orders together with all the amendments";

(ii) in the marginal note, after the words "standing orders", insert the words "and model standing orders together with all certified amendments".

1. Vide Bombay Act 21 of 1958, Section 13 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).


Section 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 workman1[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 of3[***] the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen1[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 appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.]

STATE AMENDMENTS

5Maharashtra: Gujarat

In section 10,--

(i) in sub-section (1),--

(a) after the words "standing orders", at both the places where they occur, insert the words "or the amendments";

(b) after the words "came into operation", add the following:--

"and where model standing orders have not been amended as aforesaid, the model standing orders shall not be liable to such modification until the expiry of one year from the date on which they were applied under section 2A".

6(ii) for sub-section (2), substitute the following sub-section, namely:--

"(2) Subject to the provisions of sub-section (1), an employer, workman or any prescribed representatives of workmen desiring to modify the standing orders or the model standing orders together with the amendments, as finally certified under this Act, or the model standing orders applied under section 2A, as the case may be, shall make an application to the Certifying Officer in that behalf, and such application shall be accompanied by five copies of the standing orders, or the model standing orders, together with all amendments thereto as certified under this Act or model standing orders in which shall be indicated the modifications proposed to be made and where such modifications are proposed to be made by agreement between the employer and workmen a certified copy of the agreement shall be filed along with the application".

7Maharashtra

In section 10, in sub-section (4), delete the words "or the Government of the State of Maharashtra"

1. Inserted by Act 18 of 1982, Section 4 (w.e.f. 17-5-1982).

2. Substituted by Act 36 of 1956, Section 32, for sub-section (2) (w.e.f. 17-9-1956).

3. The words "the standing orders in which shall be indicated" omitted by Act 39 of 1963, Section 4 (w.e.f. 23-12-1963).

4. Inserted by Act 39 of 1963, Section 4 (w.e.f. 23-12-1963).

5. Vide Bombay Act 21 of 1958, Section 14 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).

6. See sub-section (4) now inserted by Act 39 of 1963, Section 4.

7. Vide Maharashtra Act 54 of 1974, Section 3.


Section 10A. Payment of subsistence allowance

1[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.

(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 of 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.]

1. Inserted by Act 18 of 1982, Section 5 (w.e.f. 17-5-1982).


Section 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 of2[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.]

1. Section 11 re-numbered as sub-section (1) thereof by Act 39 of 1963, Section 5 (w.e.f. 23-12-1963).

2. Substituted by Act 18 of 1982, Section 6, for "sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 17-5-1982).

3. Inserted by Act 39 of 1963, Section 5 (w.e.f. 23-12-1963).


Section 12. Oral evidence in contradiction of standing orders 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.

STATE AMENDMENT

1Maharashtra: Gujarat

(i) In section 12, for the words "standing orders as finally certified under this Act", substitute the words "standing orders or the model standing orders, or model standing orders with all the amendments as finally certified under this Act, as the case may be".

(ii) in the marginal note, for the words "standing orders" substitute "standing orders, etc.".

1. Vide Bombay Act 21 of 1958, Section 15 (w.e.f. 15-1-1959); Act 11 of 1960, Section 87 (w.e.f. 1-5-1960).


Section 12A. Temporary application of model standing orders

1[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 standing 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 the State of Maharashtra.]

1. Inserted by Act 38 of 1963, Section 6 (w.e.f. 23-12-1963).