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Section 2 – Industrial Employment (Standing Orders) Act, 1946

Industrial Employment (Standing Orders) Act, 1946

 

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 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 2[Railway Administration] or in a major port, mine or oilfield, 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, and includes-

 

(i) In a factory, any person named under 5[Cl. (t) of sub- section (1) of Sec. 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 of India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of 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 Cl. (ii) of Sec. 2 of the Payment of Wages Act, 1936 (4 of 1936), or

 

6[(ii) A factory as defined in Cl. (m) of Sec. 2 of the Factories Act, 1948 (63 of 1948), or]

 

(iii) A railway as defined in Cl. (4) of Sec. 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 Cls. (rr) and (s) of Sec. 2 of the Industrial Disputes Act, 1947 (14 of 1947).

 

STATE AMENDMENTS

 

ANDHRA PRADFSH.

 

In Cl. (e) of Sec. 2, after sub-clause (iv), add the following:

 

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 (O to (iv) and in respect of which the State Government is the appropriate Government”-A. P. Act IX of 1969, Sec. 2 (31st January, 1969).

 

GUJARAT: MAHARASHTRA.

 

In Sec. 2, –

 

(i) Before Cl. (a), add the following new clause:

 

“(1-A) ‘amendments’ means in relation to the model standing orders, any amendments proposed to such orders under Sec. 3 and includes any alterations, variations or additions proposed thereto.”

 

(ii) In Cl. (d), for sub-clause (iii), substitute the following:

 

(iii) In any other industrial establishment, –

 

(a) Any person responsible to the owner for the supervision 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 Cl. (e) omit sub-clause (iv)

 

(iv) After Cl. (e), add the following new clauses

 

(ee) “Model standing order” means standing orders prescribed under Sec. 15;

 

(ef) “Modification” includes in relation to a standing order, any alteration, variation, addition or deletion in or to, such order Bombay Act XXI of 1958, Sec. 5 (15th January, 1959), and further amended by Act 11 of 1960, Sec. 87 (1st May, 1960)”

 

(v) The following as new Sec. 2-A shall be added:

 

——————–

 

1. Subs. by Act 39 of 1963, Sec. 3, for Cl. (ct) (w.e.f. 23rd December, 1963).

 

2. Subs. by the A.0. 1950, “for Federal Railway”.

 

3. Added by Act. 18 of 1982, Sec. 2 (w.e.f 17th May, 1982).

 

4. Subs. by Act 16 of 1961, Sec. 3, for Cl. (c).

 

5. Subs. by Act 16 of 1961, Sec. 3, for “Cl. (e) of sub-section (1) of Sec. 9 of the Factories Act, 1934, 5 of 1934”.

 

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

 

7. Subs by Act 18 of 1982, Sec. 2 (b) (w.e.f. 17th May, 1982).

 

 

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Industrial Employment (Standing Orders) Act, 1946

 

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