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Section 10 – Industrial Employment (Standing Orders) Act, 1946

Industrial Employment (Standing Orders) Act, 1946

 

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 l[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 3[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 4[* * *] the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen 3[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 (1) as they apply to the certification of the first standing orders.

 

5[(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

 

MAHARASHTRA : GUJARAT.

 

(i) In sub-section (1), –

 

(a) After the words “standing orders” at both the places where they occur, add the words “or model standing orders together with all the amendments”;

 

(b) After the words “came into operation”, insert 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 Sec. 2-A”;

 

(ii) For sub-section (2), substitute the following:

 

“(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 Sec.2-A, 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”. Bombay Act XXI of 1958, Sec. 14 (15th January, 1959), Act M of 1960, Sec. 87 (1st May, 1960).

 

MAHARASHTRA AND GUJARAT STATES.

 

In this section, –

 

(a) In sub-section (1):

 

(i) After the words “standing orders” at both the places where they occur, the words “or the amendments” shall be inserted ;

 

(ii) After the words “came into operation”, the following shall be inserted, namely: “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 Sec. 2-A”;

 

(b) For sub-section (2), the following shall be substituted, 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 model standing orders applied under Sec. 2-A, 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 employers, a certified copy of the agreement shall be filed along with the application” ;

 

(c) In sub-section (3), for the words “standing orders”, the word “amendments” shall be substituted.-Bombay Act XXI of 1958.

 

(d) In sub-section (4), the words “or the Government of the State of Maharashtra” shall be deleted-Maharashtra Act No. LIV of 1974, Sec. 3 (21st November, 1974).

 

——————–

 

1. Ins. by Act 18 of 1982, Sec. 4 (a) (w.e.f 17th May, 1982).

 

2. Subs. by Act 36 of 1456, Sec. 32, for the original sub-section (w.e.f. 17th September, 1956).

 

3. Ins. by Act 18 of 1982, Sec. 4 (b) (w.e.f. 17th May, 1982).

 

4. The words “the standing orders in which shall be indicated” omitted by Act 39 of 1963, Sec. 4 (w.e.f 23rd December, 1963).

 

5. Ins. by Act 39 of 1963, Sec. 4 (w.e.f. 23rd December, 1963).

 

 

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Industrial Employment (Standing Orders) Act, 1946

 

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