the industrial employment (standing orders) _ act, 1946

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) _ ACT, 1946

Objectives

The Industrial Employment (Standing Orders) Act of 1946 is a benevolent social legislation. It aims to achieve a laudable objective for the protection of labour by providing uniform and stable conditions of service. The Act requires employers of certain industrial establishments to clearly define, with sufficient precision, the conditions of employment, i.e. standing orders/service rules, and to make them known to the workmen employed by them.

Scope and Coverage

The Act extends to the whole of India and applies to every industrial establishment wherein 100 or more workmen are employed or were employed on any day of the preceding 12 months. The central or State Government may, however, extend its provisions to any industries establishment employing even less than 100 workmen. Once the Act becomes applicable to an establishment, it does not cease to apply on account of a subsequental fall in number of workmen in the establishment.

An ‘industrial establishment’ as per section 2(3) of the Act, means-

(a) an industrial establishment, as defined under the Payment of Wages Act,

1936, like tramway service, motor transport service, air transport service, dock, wharf, jetty, inland vessel, mine, quarry, oilfield, plantation, workshop or other establishment producing, adapting or manufacturing any article and establishments engaged in construction, development and maintenance of buildings, road, bridges or canals, navigation, irrigation or supply of water, generation, transmission and distribution of electricity/power,

(b) a factory as defined under Section 2 (m) of the Factories Act, 1948

(c) a railway as defined under the Indian Railways Act, 1890.

(d) The establishment of a person who. For the purpose of fulfillin a contract with the owner of any industrial establishment employs workmen.

This Act, however, does not apply to an industrial establishment covered by the

Bombay Industrial Relations act or Madhya Pradesh Industrial Employment

(Standing Orders) Act. The Act also does not apply to any establishment insofar as the workmen employed therein are governed by the Government Service Rules.

Employees Entitled

The Act applies to every worker employed in the industrial establishment, engaged in any class of work-skilled, unskilled, manual, clerical or supervisory, but excluding

(i) workers employed mainly in a managerial or administrative capacity, and

(ii) workers employed in supervisory capacity and drawing wages exceeding

Rs. 1,600 p.m. Besides, the Act does not apply to workers subject to the

Army Act, the Air Force Act, the Navy Act, or to persons employed in the police service or as an office or other employee of a prison.

Administrative Authority

The Act is a Central legislation; however, its enforcement is administered by the Central and the State Governments in their respective spheres. The appropriate government is empowered (i) to make rules and appoint Certifying Officers and appellate authority, for carrying out the purposes of the Act, and (ii) to exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of the Act.

Standing Orders – Definition and Meaning

‘Standing Orders’ means the rules of conduct for workmen employed in industrial establishments, relating to matters enumerated in the schedule appended to the

Act, such as classification of workmen, working hours, attendance, leave, termination of employment, suspension or dismissal, misconduct, etc.

Every industrial establishment covered by the Act is required to have a set of certified standing orders which shall be binding on both the employer and the employees. The purpose of standing orders is to ensure stable and uniform conditions of service in place of chaotic, arbitrary and uncertain conditions.

Industrial Employment Standing Orders

The Central and the State Governments have prescribed “model standing orders” to serve as an exemplary pattern of the rules of conduct, on the basis of which the industrial establishments can draft their own standing orders and get them certified by the

Certifying officers appointed for this purpose. Industrial establishments can also adopt

‘model standing orders; with or without amendments, as their own standing orders.

Model Standing Orders for industrial establishments are given at the end of this chapter, followed by model Standing Orders on some additional items.

Obligations of Employers

(1) Submission of Draft Standing Orders for Certification

The employer has to prepare a draft of the standing orders which he proposes to adopt for his industrial establishment. The draft should cover all matters specified in the Schedule and conform to the prescribed Model Standing Orders. The employer should then submit to the Certifying Officer, five copies of the draft

Standing Order, alongwith an application in the prescribed form and other prescribed particulars such as details of the workmen employed in the establishment and the trade union, if any, to which they belong. The application should be submitted within 6 months form the date the Act becomes applicable to the establishment.

On receipt of the draft standing orders, the Certifying Officer shall call the employer and the workmen and/or their union, to hear their union, to hear their comments or objections, if any. After considering their comments, he shall make necessary changes in the draft and shall ensure that the standing orders contain provision for every matter set out in the Schedule and are in conformity with the provisions of the Act, and then certify the standing orders. Copies of the certified

standing orders shall be sent to the employer and the workmen and. or their union, within seven days of the certification. If the employers or the workmen are not satisfied with the orders of the certifying officer, they can prefer an appeal against it to the Appellate Authority, within 30 days. The decision of the Appellate

Authority shall be final.

Date of Operation of Standing Orders

The certified standing orders come into operation with effect from the 30 th day from the day on which its copies are sent to the parties or from the 7 th

day from the day on which the appellate order is served on the parties. For the meantime, the Model Standing Orders are temporarily applicable to the establishment, i.e. for the period beginning from the date the Act becomes applicable orders come into operation.

Standing Order have the force of law

Once the standing orders are certified, they have the force of law Thus, where the terms and conditions of contract of employment (contained in the appointment letter) are inconsistent with the terms the certified standing orders, the latter shall prevail.

(2) Not to Modify Standing Orders without Approval of the Certifying Officer

The certified standing orders can be modified, if necessary, but not before the expiry of 6 months of their coming into operation or from the date of the last modification thereof. The procedure for obtaining the approval of the Certifying

Officer for its modification is the same as for initially getting the standing orders certified.

(3) Display of Standing Orders

The employer should prominently display the text of the certified standing orders, in English and in the language understood by the majority of his workmen, at or near the main entrance of the establishment and in all departments where the workmen are employed.

(4) To Pay Subsistence Allowance

The employer is required to pay subsistence allowance to a workmen suspended, pending inquiry or investigation into complaints or charges of misconduct against him. The subsistence allowance is to be paid at the rate 50% of his wages for the first 90 days and 75% of the wages for the remaining periods of suspension, if the delay in the completion of disciplinary proceedings Against such workmen is not directly attributable to his conduct.

(5) To Comply with the Standing Orders

The employees of the industrial establishment are also bound by the certified standing order and should, therefore, act in conformity with the rules laid down therein.

However, certified standing orders fixing new rules will apply to those employees who had been employed prior to its certification only when such employees have

Industrial Employment Standing Orders

Accepted the same. Besides, standing orders standing orders fixing the age of superanuation will not apply to employees who had been engaged prior to making such orders.

Rights of Employees and Employees

The employers and employees of an industrial establishment have the same rights under the Act, viz;

(1) Right to be heard by the Certifying Officer before making any change in or certifying the draft standing orders.

(2) Right to appeal against the order of the Certifying Officer, if not satisfied with

Appeal it.

(3) Right to apply to the Certifying Officer for approval of proposed modification in the standing orders.

(4) Right to refer to the Labour Court any question or dispute as to application or interpretation of a certified standing order.

Any workman, employer or trade union, aggrieved by an order of the Certifying

Officer, may appeal to the appellate authority against the said order, within 30 days from the date on which copy of certified standing orders is sent. In computing the period of 30 days, the day on which the order is sent shall be excluded.

The appellate authority may confirm the standing orders as certified by the

Certifying Officer, or amend, make modifications or additions, as may necessary, to make the standing orders certifiable.

A copy of the appellate order shall then be sent to the Certifying Officer, the employer and the trade union. The standing orders so confirmed, amended or modified, as the case may be, shall come into operation after 7 days from the date on which copy of the appellate order is sent.

Powers of the Certifying Officer and the Appellate Authority

(1) 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.

(2) To correct any clerical or arithmetical mistake in any order passed by it or errors arising therein from any accidental slip or omission.

Interpretation of Standing Orders

If any question arises as to the application or interpretation of any certified standing orders, it may be referred by the employer or workman or a trade union, to a

Labour Court constituted under the Industrial Disputes Act and specified for the disposal of such proceedings.

On such reference, the Labour Court shall decide the question after giving the parties an opportunity of being heard, and the decision of the court shall be final and binding on the parties.

Offences and Penalties

(1)

Offences standing orders.

(a) Failure to submit the draft

Penalties

Fine upto Rs. 5,000 and in case of

Continuing offence a further fine upto Rs. 200 per day (b) Modifying the standing orders

without prior approval of the

certifying Officer.

(2) Contravention of the certified standing Fine upto Rs. 100 and in case of a

orders of the establishment. Continuing offence, a further fine upto Rs. 25 per day.

Model Standing Orders in Respect of Industrial Establishment not being industrial

Establishments in Coal-Mines

1.

These orders shall come into force on ……………….

2.

Classification of workmen – (a) Workmen shall be classified as-

(1) Permanent, (2) Probationers, (3) badils, (3A) fixed term employment,

(4) temporary, (5) Casual, and (6) apprentices

(b) A “ permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out , stike (not being an illegal strike) or involuntary closure of the establishment.

( c) A “ Probationer” is a workman who is provisionally employed to fill a permanent vacancy in post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post, he may, at nay time during the probationary period of three months, be reverted to his old permanent post.

(d) A “badli” is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.

(e)

A “ temporary workman” is a workman” is a workman who has been engaged or work which is of an essentially temporary nature likely to be punished within a limited period.

(f)

A” casual workman” is a workman whose employment is of a casual nature.

(g)

An “apprentice” is a learner who is paid an allowance during the period of his training.

(h)

A ‘fixed term employment’ workman is a workman who has been engaged on the basis of contract of employment for a fixed period. However, his working hours, wages, allowances and other benefits shall not be less than that of a permanent workman. He shall also be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even though his period of employment does not to extend to the qualifying period of employment required in the statute.

3.

Tickets – (1) Every workman shall be given a permanent ticket unless he is a probationer, badli, temporary worker or apprentice.

(2) Every permanent workman shall be provided with a departmental ticket showing his number, and shall, on being required to do so, show it to any person authorized the manager to inspect it.

(3) Every badli shall be provided with a badli card on which shall be entered the days on which he has worked in the establishment, and which shall be surrendered if he obtains employment.

(4)

Every temporary workman shall be provided with a “casual” card on which shall be entered the days on which he has worked in the establishment.

4. Publication of working time – The period and hours of work for all classes of workers in each shift, be exhibited in English and in the principal languages of workmen employed in the establishment, on notice-boards maintained at or near the main entrance of the establishment and at the time-keeper’s office, if any.

5. Publication of holidays and pay days - Notices of specifying (a) the days observed by the establishment as holidays, and (b) pay days, shall be pasted on the said notice-boards.

6. Publication of wage rates – Notices specifying the rates or wages payable to all classes of workmen and for all classes of work shall be pasted on the said noticeboards.

7. Shift Working:- More than one shift may be worked in the department or departments or any section of a department of the establishment at the discretion of the employer. If more than one shall to another. No shift working shall be discontinued without two months notice being given in writing to the workmen prior to such discontinuance, provided that no such notice shall be necessary if the closing of the shift is under an agreement with the workmen affected. If as a result of the discontinuance of the shift working, any workmen are to be retrenched, such retrenchment shall be effected, in accordance with the provisions of the Industrial

Disputes Act, 1947 (14 of 1947), and the rules made thereunder. If shift working is restarted the workmen shall be given notice and re-employed in accordance with the provisions of the said Act and the said rules.

7-A. Notice of changes in shift working;- Any notice of discontinuance or or restarting of a shift working required by Standing Order 7 shall be in the form appended to these orders and shall be served in the following manner, namely:

The notice shall be displayed conspicuously by the employer on a notice-board at the main entrance to the establishment:

Provided that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the secretary of such union.

8. Attendance and late coming:- All workmen shall be at work at the establishment at the time fixed and notified under para 4. Workmen attending late will be liable to the deductions provided for in he Payment of wages Act, 1936.

NOTE : All workmen shall have to do the work in establishment at the time fixed and notified under para 4. There is a provision for deduction in the payment if someone becomes late according to the Payment of Wages Act, 1936.

9. Leave – (1) Holidays with pay will be allowed as provided for in Chapter Vll of the Factories Act, 1948 and other holidays in accordance with law, contract, custom and usage.

(2) A workman who desires to obtain leave of absence, shall apply to the employer or any other officer of the industrial establishment specified in this behalf by the employer, who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same days. If the leave asked for is granted, a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or postponement and the reasons therefore shall be recorded in writing in a register to be maintained for the purpose, and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof, he shall apply to the employer or the officer specified in this behalf by the employer who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.

(3) If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave; and (b) explains to the satisfaction of the employer or the officer specified in this behalf by the employer, his inability to return before the expiry of his leave. In case the workman loses lien on appointment, he shall be entitled to be kept on the badli list.

10. Casual leave- A workman may be granted causal leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.

NOTE: Ten day’s casual leave of absence with or without pay is provided under this section in a year but at a time only three days leave is provided except in case of sickness. Permission of the head of the department in the establishment shall be obtained for such leave, but if it is impossible, the head of the department shall be informed in writing about such leave.

11. Payment of wages;- (1) Any wages, due to the workman but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the noticeboards as aforesaid.

(2) All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable according as the total number of workmen employed in the establishment does not or does exceed one thousand.

12. Stoppage of work;- (1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery or stoppage of power supply, epidemics, civil commotion or other cause beyond his control, stop any section or sections of the establishment, wholly or partially, for any period or periods without notice.

(3) In the event of such stoppage during working hours, the workmen affected shall be notified by notices put up on the notice board in the departments concerned, and at the office of the employ and at the time-keeper’s office, if any, as soon as practicable, where work will be resumed and whether they are to remain at, or leave , the for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hours, the workmen so detention exceeds one hour, the workmen so detained shall be entitled to receive as a result of the stoppage. In the case of piece-rate workers, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppage. Whenever practicable, reasonable notice shall be given of resumption of normal work.

(4) The employer may, in the event of a strike affecting either wholly or partially nay section, or department of the establishment, close down either wholly or partially such section or department and any other section or department effected by such closing down. The fact of such closure shall be notifed by notices put on the notices-board in the section or department effected by such

closing down. The fact of such closure shall be notifed by notices put on the notice-board in the section or department concerned and in the time-keeper’s office, if any, as soon as practicable. The workmen concerned shall also be notified by notices put on the notice-board in the section or department effected by such closing down. The section or department concerned and in the time-keeper’s office, if any, as soon as practicable. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.

13. Termination of employment. (1) For terminating employment of a permanent workman, notice in writing shall be given either by the employer or the workman – one month’s notice in the case of monthly-rated workmen, and two week’s notice in the case of other workmen; one month’s or two weeks’ pay, as the case may be may be paid in the lieu of notice.

(2) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of

1947), no temporary workman whether monthly rated or weekly rated or piece rated, and no probationer or badli or fixed term employment workman as a result of non-renewal of contract of employment or on its expiry, shall be entitled to any notice or pay in lieu thereof, if his services are terminated , but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in paragraph 14.)

(3) Where the employment of any workman is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

14. Disciplinary action for misconduct;- (1) A workman may be fined up to two per cent of his wages in a month of any of the following acts and omissions, namely:

--------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------

NOTE: Specify the acts and omissions which the employer may notify with the pervious approval of the --------------- Government or of the prescribed authority in pursuance of Sec. 8 of the Payment of wages Act, 1936.

(2) A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation inlieu of notice if he is found to be guilty of misconduct.

(3) The following acts and omissions shall be treated as misconduct:

(a) willful insubordination or disobedience, whether alone or in combination with others to any lawful and reasonable order of a superior.

(b) Theft, fraud or dishonesty in connection with the employer’s business or property.

(c) Willful damage to, or loss of, employer’s goods or property,

(d) Taking or giving bribes or any illegal gratification,

(e) Habitual absence without leave or absence without leave for more than 10 days.

(f) Habitual late attendance,

(g) Habitual breach of any law applicable to the establishment,

(h) Riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline,

(i) Habitual negligence or neglect of work.

(j) Frequent repetition of any act or omission for which a fine may be imposed to a maximum for 2 per cent of the wages in a month.

(k) Striking work or inciting others to strike work in contravention of the provisions of any law , or rule having the force of law.

(5) (a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trail and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing, suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from the date of a suspension.

(b) A workman who is placed under suspension under cl. (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:

(i) Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he were on leave with wages. If the departmental enquiry gets prolonged and the workman continues to be under suspension, be paid a subsistence allowance at the following rates, namely;

Provident that where such enquiry is prolonged beyond a period of ninety days of reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to onefourth of such basic wages, dearness allowance and other compensatory allowances.

(iii) Where the enquiry is by an outside agency, as the case may be where criminal proceedings against workman are under investigation or trail, the subsistence allowance shall, for the first one hundred and eighty days from

the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he were on leave with wages. If the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages, dearness allowance and other compensatory allowances:

Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to onefourth of such basic wages, dearness allowance and other compensatory allowances.

(ii) Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against workman are under investigation or trail, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one-half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he was on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days, the subsistence allowance shall for such period be equal to three-fourths of such wages:

Provided that where such enquiry or criminal proceedings is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days, be reduced to one-fourth of such wages.

(b-a) In the enquiry, the workman shall be entitled to appear person or to be represented by an office-bearer of a trade union of which he is a member.

(b-b) The proceedings of the enquiry shall be recorded in Hindi or in

English. Or in the language of the State where the industrial establishment is located, whichever is preferred by the workman.

Provided that the period of three months may, for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the inquiry officer.

(c ) If on the conclusion of the enquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable

opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:

Provided that when an order of dismissal is passed under this clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period and the subsistence allowance already paid to him shall not be recovered:

Provided further that where the period between the date on which the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period and the subsistence allowance already paid to him shall not be recovered:

Provided further that where the period between the date on which the workman was suspended from duty pending the inquiry or the workman was suspended from duty pending the inquiry or investigation or trial and the date on which an order of suspension was passed under this clause, exceeds four days, the workman shall be deemed to have been suspended only for suspension, and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:

Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled tot eh same wages as he would have received if he had not been placed under suspension after deducting the susbsistence allowance paid to him for such period:

Provided also that in the case of a workman to whom the provisions of Cl. (2) of Art.

311 of the Constitution apply, the provisions of that article shall be complied with.

(d) If on the conclusion of the inquiry, or as the case may be, of the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.

(e) The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.

(5) In awarding punishment under this standing order, the authority imposing the punishment shall take into account the gravity of misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that

may exist. A copy of the order passed by the authority imposing the punishment shall be supplied to the workman concerned.

(6) (a) A workman aggrieved by an order imposing punishment may, within twenty-one days from the date of receipt of the order, appeal to the appellate authority.

(b) the employer shall, for the purposes of clause (a) above specify the appellate authority.

( c) The appellate authority, after giving an opportunity to the workman of being heard shall pas such order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the workman in writing.

15. Complaints - All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.

16. Certificate on termination of service- Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE : There is a provision under this Act for issuing a service certificate at the time of his dismissal, discharge or retirement from service.

17. Liability of employer;- The employer of the establishment shall personally be held responsible for the proper and faithful observance of the standing order.

17.A- (1) Any person desiring to prefer an appeal in pursuance of subsection (1) of Sec. 6 of the Act, shall draw up a memorandum of appeal setting out the ground of appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments or modifications, as the case may be.

(2) The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the certifying officer unless it considers that there are reasons for giving the other parties to the proceedings hearing before a final decision is made in the appeal.

(3) Where the appellate authority does not confirm the standing orders, amendments or modifications, it shall fix a date for the hearing of the appeal and direct notice thereof to be given-

(a) where the appeal is field by the employer or a workman to trade unions of the workman to trade unions of the workman of the industrial establishments, and

where there are no such trade unions to the representatives of workmen elected under Cl. (b) of rule 6, or as the case may be, to the employer;

(b) where the appeal is filed by a trade union to the employer and all other trade unions of the workmen of the industrial establishment;

(c) where the appeal is filed by the representatives of the workmen, to the employer and any other workman whom the appellate authority join as a party to the appeal.

(4) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.

(5) The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal.

(6) On the date fixed, under sub-rule (3) of the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.

18. Exhibition of standing orders - A copy of these orders in English and in

Hindi shall be pasted on a notice-board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.

Model Standing Orders on additional items applicable to all industries

1.

Service Record – Matters relating to service card, token tickets, certification of service, change of residential address of workers and record of age.

(i) Service Card –Every industrial establishment shall maintain a service card in respect of each workman in the form appended to these orders, wherein particulars of that workman shall be recorded with the knowledge of that workman and duty attested by an officer authorized in this behalf together with date.

6. Medical Examination – Wherever the recruitment rules specify medical examination of a workman on his first appointment, the employer shall, the employer’s expense, make arrangements for the medical examination by a registered medical practitioner.

7. Secrecy – No workman shall take any papers, books, drawings, photographs, instruments, apparatus, documents or any other property of an industrial establishment out of the work premises except with the written permission of his immediate superior, nor shall he in any way pass or cause to be passed or disclose or cause to be disclosed any information or matter concerning the manufacturing process, trade secrets and

confidential documents of the establishment to any unauthorized person, company or corporation without the written permission of the employer.

8. Exclusive Service – A workman shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the establishment which may adversely affect the interest of his employer.

Amendment in the Industrial Employment (standing Orders) Act,

1946 as applicable to NCT of Delhi

Pursuant to the Judgment of the Hon’ble Supreme Court of India in

Vishaka Vs. State of Rajasthan, 1997 (006)- SCC-241 and 1997-(084)-

AIR –3011_SC the Model Standing Orders, in the Industrial Employment

Order) Act 1946, have been amended to incorporate the following provisions as an act of misconduct.

(j) Sexual harassment which includes such un-welcome sexual determined behaviours (whether directly or by implication) as

(ii) physical contact and advances; or

(iv) demand or request for sexual favours; or

(v) sexually coloured remarks; or

(vi) showing pornography ; or

(vii) any other un-welcome physical, verbal or non-verbal conduct of sexual nature.

As per the judgement of the Hon’ble Supreme Court of India the employers/their associations are required to ensure that women employees are provided a safe working environment. The salient features to the judgements are;

 it shall be the duty of the employer or other responsible persons in work palces to prevent or deter the commission of acts of sexual harassment and to provide the procedure for resolution, settlement or prosecution of acts of sexual harassment.



Express prohibition of sexual harassment at work place should be notified, published and circulated in appropriate ways.



Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no women employee should have reasonable grounds to believe the she is disadvantaged in connection with her employment.



Where such conduct amounts to misconduct, appropriate disciplinary action should be initiated by the employer.



An appropriate complaint mechanism should be created in the employers’ organization for redress of complaint made by the victim.

Such complaint mechanism should ensure time bound treatment complaints.

LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS

AND MAINTAINING REGISTERS BY CERTAIN

ESTABLISHMENTS) ACT, 1988

Objectives

The Labour Laws (Exemption from Furnishing Returns and Maintaining

Registers by Certain Establishments) Act, 1988 envisages to provide a few consolidated and brief returns and registers to be submitted/maintained by small and very small establishments, in lieu of various returns and registers prescribed under the scheduled labour legislations.


The Act extends to the whole of India. It applies to the small and very small establishments that are covered under any of the Scheduled Acts.


The Act is administered solely by the Central Government which has the powers to amend any form of registers and returns prescribed under the Act and to remove any difficulty arising in the course of its enforcement.

Meaning of Small Establishment

An establishment in which not less than ten and not more than nineteen persons are employed or were employed on any day of the preceding 12 months, and which is required to furnish the returns or maintain the registers under any of the

Scheduled Acts.

Meaning of Very Small Establishment

An establishment I which not more than nine persons are employed or were employed on any day of the preceding 12 months and which is required to furnish the returns or maintain the registers under any of the Scheduled Acts.

Scheduled Acts

A small or very small establishment, covered under the Act, is not required to furnish the returns or maintain the registers prescribed under any of the following Scheduled Acts:

(1) The Payment of Wages Act, 1936; (2) The weekly Holidays Act, 1942;

(3) The Minimum Wages Act, 1948; (4) The Factories Act, 1948; (5) The Plantation

Labour Act, 1951; (6) The Working Journalists and Other Newspaper Employees

(Conditions of Service) and Miscellaneous Provisions Act, 1955; (7) The Contract

Labour (Regulation and Abolition) Act, 1970; (8) the Sales Promotion Employees

(Conditions of Service) Act, 1976: and (9) The Equal Remuneration Act, 1976.


(1) Returns to be submitted

The employer of any small or very small establishment is required to furnish (a) a Core Return in Form A, for every calendar year, before the 15 th

February of the succeeding year, and (b) return relating to accidents prescribed under the

Factories Act and the Plantations Labour Act.

(2) Registers to be maintained

A.

For Small Establishments

(i) Register of Wages in Form B, to be completed within 7 days of the expiry of the wage period,

(ii) Muster Roll in Form C, wherein the number of units of work done should be entered on each working day while the register should be completed within 7 days of the expiry of the wage period.

(iii) Monthly Register showing Welfare Amenities in Form

D, to be completed within 7 days of the expiry of each calendar month.

B.

For Very Small Establishments

Monthly register of Muster Roll-cum-wages, in Form E, wherein the particulars of working hours, rest intervals, overtime, leave etc. Should be filled up on each working day and the register should be completed within 7 days of the expiry of the wage period.

Note – An employer of small/very small establishment who furnishes the returns and maintains the register specified above, shall not be required to furnish the returns or maintain registers under the Scheduled Acts.

(3) Wage Slips

Every employer of small as well as very small establishment, shall continue to issue wage-slips as required under the Minimum Wages Act, in the prescribed form and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the Payment of Wages (Mines( Rules.

(4) The employer shall co-operate with the Inspectors appointed under any of the Scheduled Acts and produce on demand the registers and documents maintained by him.

Offences and Penalties

-------------------------------------------------------------------------------------------------------

Offence Penalty

-------------------------------------------------------------------------------------------------------

(1) Failure to comply with any of the

Provisions of the Act.

(a) On First Conviction

(b) On Second or Subsequent Conviction

Fine upto Rs. 5000

Imprisonment between one

6 months or fine between

Rs. 10,000 and

Rs. 25,000 or both.

MINES ACT, 1952

Objectives

The Mines Act, 1952 aims at providing for safe as well as proper working conditions in mines and certain amenities to the workers employed therein.


The Act extends to the whole of India and applies to all mines as defined in the Act. The Act came into force w.e.f.1.7.1952.

Mines Covered

The Act applies to ‘mines; which means any excavation where any operation for the purpose of searching for obtaining minerals has been or is being carried on and includes (i) all borings, bore holes, oil wells and accessory crude conditioning plants including the pipeline within the oilfield, (ii) all shafts belonging to amine, (iii) all levels and inclined planes, (iv) all open cast workings, (v) conveyors or aerial ropeway used for the removal of minerals or refude from the mine, (vi) workshops and stores within the precincts of a mine, (vii) railways, tramways and sidings belonging to a mine, and (viii) the power station supplying electricity for the purpose of working the mine.

Exemptions

The Act shall, however, not apply to – (a) any time or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale, provided that not more than 20 persons are employed therein, on any one day, the depth of excavation nowhere exceeds six metres, (15 metres in the case of coal mine), and the excavation does not extend below superjacent ground; (b) any time engaged in the extraction of kankar, murrum, latrie, boulder, gravel, shingle, ordinary sand (excluding moulding, glass and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, rad metal, earth, fullers earth, marl chalk and lime stone subject to the condition that the workings do not extend below superjacent ground, or in case of an open cast working, the depth of excavation does not exceed 6 metres, number of persons employed of any day does not exceed 50 and no explosives are used.

Note: However, the provisions relating to Powers of Inspectors (Sec. 7), Powers of

Special Officer (Sec.8), Facilities to Inspectors (Sec.9), Prohibition on employment and presence of persons below 18 years (Secs. 40 & 45) and Employment of Women

(Sec. 46), shall apply to all kinds of mines.

Employees Covered

All persons who work as manager or under appointment by the owner, agent or manager of the mine, or with their knowledge, whether for wages or not, and are engaged in any mining operations, or in any kind of work whatsoever which is preparatory, or incidental to or connected with the mining operations, are covered by the Mines Act. Thus, the Act is also applicable to persons working in any office of the mine as well as to those in welfare, health, sanitary or conservancy

services to be provided under the Act or watch and ward staff within the premises of the mine, excluding the residential area.


The Central Govt. id the administrative authority under the Mines

Act having the powers to make rules, regulations any bye-laws for carrying out the purposes of the Act. Mines Rules, 1955 have been accordingly made by the Govt.

The Central Government has appointed the Chief Inspectors of

Mines and Inspectors to enforce the provisions of the Act. The Government has also appointed Certifying Surgeons and has constituted a committee to consider proposed rules and regulations enquire into accidents, etc. and hear and decide appeals or objections against notices or orders under the Act.

Notice of Mining Operations

The owner, agent or manager of a mine is required to give notice in writing in the prescribed form, to the Chief Inspector of Mines, the Controller of

Indian Bureau of Mines and the district magistrate of the district in which the mine is situated, at least one month before the commencement of any mining operation.

Appointment of Manager

Every mine shall be under the charge of sole manager, possessing the prescribed qualifications. The owner or agent of the mine shall appoint himself or any other person as Manager, having the requisite qualifications. The mine manager shall be responsible for the overall management, control, supervision and direction of the mine the overall management, control, supervision and direction of the mine and, except incase of an emergency. Any instructions by the owner or agent, to any person employed in a mine, shall be given only through the manager of the mine.

Obligations of Employer

(1) Provision for Drinking water:

The owner or agent of a mine shall make effective arrangements to provide and maintain, at suitable points conveniently situated, a sufficient supply of cool and wholesome drinking water for all persons employed therein. In the case of persons employed below ground, any other effective arrangements shall be made for supply of drinking water. All such points shall be legibly marked ‘Drinking

Water’ in a language understood by a majority of all the persons employed in the mine.

(2) Adequate Sanitation:

In every mine, a sufficient number of latrines and urinals of prescribed types, separately for males and females, shall be so situated as to be convenient and accessible to persons employed in the mine at all times and shall be adequately lighted, ventilated and maintained in a clean and sanitary condition.

(3) Medical Appliances:

In every mine, prescribed number of first-aid boxes or cupboards equipped with prescribed contents shall be provided and maintained so as to be readily accessible during the working hours. Every first-aid box or cupboard shall be kept in the charge of a responsible person who is trained in first-aid treatment and who shall always be readily available during the working hours of the mine.

In every mine suitable arrangements shall be made for the conveyance to hospitals or dispensaries of injured or ill persons.

In every mine wherein more than 150 persons are employed, there shall be provided and maintained a first-aid room of the prescribed size having the prescribed equipment and staff.

(4) Safety Measures:

If in respect of the operations of a mine it appears to the Chief Inspector or any

Inspector that any matter, thing or practice is dangerous to human life or safety or is defective so as to threaten bodily injury to any person employed therein, he may give written notice to the owner, agent or manager of the mine asking him to remedy the situation within the specified time and in the specified manner. If the terms of the notice are not complied with, he may prohibit the employment in or about that mine of any person after the expiry of the specified period.

Similarly, in case of urgent and immediate danger to the life or safety of any person employed in any mine or part thereof, e.g. when there is flooding of mine or emission of poisonous gas, the Chief Inspector or any authorized Inspector may prohibit, through a written order, the employment of any person therein until that danger is removed.

Every person whose employment is prohibited in or about a mine on grounds of unsafe working conditions, as discussed above, shall be entitled to payment of full wages for the period his employment is prohibited, unless such person is provided with alternative employment at the same wages.

(5) Notice of accident:

The owner, agent or manager of the mine shall give notice of –

(a) an accident causing loss of life or serious bodily injury, or

(b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter, or

(c) an influx of inflammable or noxious gases, or

(d) a breakage or ropes, chains or other gear by which persons or materials are lowered or raised in a staff or an incline, or

(e) an over winding of cages or other means of conveyance in an shaft while persons or materials are being lowered or raised or

(f) a premature collapse of any part of the working, or

(g) any other accident which may be prescribed ,

to the prescribed authority in the prescribed manner, and he shall stimultaneously post one copy of the notice on a special notice board in the prescribed manner at a place where it may be inspected by trade union officials, an shall ensure that the date of such posting.

The owner, agent or manager of the mine shall maintain a register of accidents in the prescribed form and copies of the entries therein shall be furnished to the Chief Inspector quarterly.

(6) Notice of certain diseases

Where any person employed in a mine contacts any notified disease connected with mining operations. The owner, agent or manger of the mine, as the case may be, shall send notice thereof to the Chief Inspector and to such other authorities, in such form and within such time as may be prescribed.

Besides, if any medical practitioner attends of any such person who is suffering from any notified disease, he shall without delay send a report in writing to the

Chief Inspector stating-

(a) the name and address of the patient,

(b) the disease from which the patient is or is believed to be suffering, and

(c) the name and address of the mine in which the patient is or was last employed.

Where the medical practitioner’s report is confirmed by a certifying surgeon, the Chief Inspector shall pay to the medical practitioner such fee as may be prescribed, which shall be recoverable form the owner, agent or manager of the mine.

(7) Hours and Limitation of Employment

(a) Weekly day of rest

No person shall be allowed t work in a mine on more than six days in any one weekly any one week. Where any person is deprived of any of the weekly days of rest, he shall be allowed, within the month in which such days of rest were due to him or within the next two months, compensatory rest days of equal number.

(b) Hours of work above ground

No adult employed above ground in a mine shall be required or allowed to work for more than five hours continuously before he has had an interval for rest of at least half an hour. But the Chief Inspector may, however, permit the spread-over to extend over a period not exceeding fourteen hours in any day.

(c ) Hours of work below ground

No adult employed below ground in a mine shall be allowed to work for more

Than forty-eight hours in any week or for more than eight hours in any day except to facilitate the change of shifts.

The work below ground in any mine shall be carried on by a system of shifts, each shift of not more than the daily maximum hours stipulated above.

No person employed in a mine shall be allowed to be present in any part of a mine below ground except during the periods of work shown in respect of him in the register.

Night Shift

In case of a person employed in a mine working on a night shift:

(a) the weekly rest day shall be period of twenty-four consecutive hours beginning when his shift ends.

(b) The following day shall be the period of twenty four hours beginning when such shift ends, the hours he has worked after midnight shall be counted in the previous day.

(d) Extra wages for overtime

Where in a mine a person works above ground for more than nine hours in any day, or works below ground for more than eight hours in any day or works for more than forty-eight hours in any week, whether above ground or below ground, he shall in respect of such overtime wages. The period of overtime work shall be calculated on a daily basis or weekly basis, whichever is more favourable to him.

Where any person is employed on piece-rate basis, the time-rate shall be the daily average of his full-time earnings for the days on which he actually worked during the week immediately preceding the week in which overtime work as been done, exclusively of any overtime, and such time-rate shall be deemed to be deemed to be ordinary rate of wages of such person.

(e) Limitation of Employment no person is allowed to work in the mine for more than ten hours in any day inclusive of overtime. Besides, no person shall be required or allowed to work in a mine if he has already been working in an other mine within the preceding twelve hours.

(f) Persons Below Eighteen Years of Age Not to be Employed

No person below eighteen years of age shall be allowed to work in any mien or part thereof. But apprentices (as defined in the Apprentices Act) and other trainees, not below sixteen years of age may be allowed to work, under proper supervision of the manager , with the prior approval of the Chief Inspector.

(g) Restrictions on Employment of Women

No woman shall be employed-

(a) in any part of a mine which is below ground;

(b) in any mine above ground except between the hours of 6 A.M. and 7 P.M.

Every woman employed in amine above ground shall be allowed an interval of not less than eleven hours between hours between the termination of employment on any one day and the commencement of the next period of employment.

(h) Leave with Wages

Every worker who has completed a calendar year’s service in a mine shall be entitled to during the subsequent calendar year, leave with wages, at the rate of-

(a) one day for every fifteen days of work performed by him, in the case of a person employed below ground, and

(b) one day for every twenty days of work performed by him, in any other case.

A ‘calendar year’s service’ means-

(a) in the case of a person employed below ground not less than 190 attendances during the calendar year; and

(b) in the case of any other person, not less than 240 attendances during the calendar year.

For the purpose of computation of attendances any days of lay-off, in the case of a female employee, maternity leave not exceeding twelve weeks, and the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be the days on which the employee has worked in amine, but he shall not earn leave for these days.

Any leave not taken by a person to which he is entitled in any one calendar year shall be added to the leave to be allowed to him during the succeeding calendar year provided that the total number of leave so accumulated does not exceed thirty days in all. However, a person who has applied for leave but has not been given such leave, shall be entitled to carry forward the un-availed leave without any limit.

Wages for leave period

Wages for the leave allowed to a worker, shall be paid at a rate equal to the daily average of his total-full-time earnings for the days on which has was employed during the month immediately preceding his leave, exclusive of any overtime wags and bonus but inclusive of any dearness allowance and compensation in cash or kind, accruing through the free issue of food grains

and other articles. If no such average earnings are available, then the average shall be computed on the basis of the daily average of the total full-time earnings of all persons similarly employed for the same month.

Exemptions in certain cases

Where the leave rules applicable to persons employed in any mine provide better benefits than those provided for in this Act, the Central Government may, by order in writing and subject to specified conditions, exempt the mine from all or any of the provisions regarding leave with wages.

(8) Facilities to Inspectors:

Every owner, agent and manager of a mine shall afford the Chief Inspector,

Inspectors, and every person authorized under section 8, all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act.

(9) To Maintain Register of Persons Employed:

For every mine there shall be kept in the prescribed form and place a register of all persons employed in the mine showing in respect of each such person-

(a) the name of the employee with the name of his father or, of her husband , as the case may be, and such other particulars as may be necessary for purposes of identification;

(b) the age and sex of the employee;

(c) the nature of employment (whether above ground or below ground or below ground, and if above ground, whether in open cast workings or otherwise) and the date of commencement thereof.

The register of persons employed below ground shall show, at any moment, the name of every person who is then present below ground in the mine.

(10) Notice regarding Hours of Work:

A notice in the prescribed form shall be posted outside the office of the mine at least 7 days in advance, standing the time of the commencement and of the end of work at the mine and, if it is proposed to work by a system of relays, the time of the commencement and of the end of work for each relay.

The notice shall also state the time of the commencement and of the intervals for rest for persons employed above ground and a copy thereof shall be sent of the Chief Inspectors, if he so requires.

Where any alternation is proposed to be made in the time fixed for he commencement for the end of the end of work in the mine generally, or for any relay, or in the rest intervals fixed for persons employed above ground, an amended notice in the prescribed form shall be posted outside the office of the mine, at least 7 seven days before the change is made, and a copy of such notice shall be sent to the Chief Inspector simultaneously.

No person shall be allowed to work in a mine otherwise than in accordance with the aforesaid notice.

(11) Abstract of Act, regulations, etc.

An abstract of the Act, regulations and rules, in the prescribed form, in

English and other prescribed language(s) shall be posted at or near every mine.

Obligations of Employees

No person employed in a mine shall-

(i) willfully interfere with or misuse any appliance, convenience or other thing provided in a mine for the purposes of securing the health, safety or welfare of the persons employed therein,

(ii) willfully and without reasonable cause do anything likely to endanger himself or others, and

(iii) willfully neglect to make use of any appliance or other thing provided in the mine for the purpose of securing the health or safety of the persons employed therein.

MOTOR TRANSPORT WORKERS ACT, 1961

Objectives

The Act aims to provide for the welfare of motor transport workers and to regulate the conditions of their work.


The Act extends to the whole of India. It came into force on or before

31.3.1962, in all the States and Union Territories, except Jammu and Kashmir where it came into force from September 1,1971.

Important Definitions

Motor transport undertaking means a motor transport undertaking engaged in carrying passengers or goods, or both, by road, for hire or reward, and includes a private carrier.

Motor transport worker

The Act applies to every motor transport undertaking employing 5 or more motor transport workers. The State Govts. Are however empowered to apply all or any of the provisions of the Act to any motor transport undertaking employing less than 5 workers.

Exemptions

The Act shall, however, not apply to or in relation to any transport vehicle

(i) used for the transport of sick or injured persons;

(j) used for any purpose connected with the security of India, or the security of

Indian, or the security of a State, or the maintenance of public order, except where State Government specifically applies the provisions of the

Act or the rules to any class of motor transport workers ro any class of employers.


For the purpose of the administration of the Act the State Governments have been authorized to appoint for their respective State, a Chief Inspector and

Inspectors. The Chief Inspector and Inspectors may hold such examination or inquiry to ascertain as to whether the provisions of the Act, or the Rules made thereunder, are being observed properly and for that purpose, may require the driver of a transport vehicle to stop the vehicle and keep it stationary upto a reasonable time, enter, inspect and search any premises of any motor transport undertaking, examine any motor transport worker, any register or documents, seize or take copy of such registers or documents and exercise such other powers as may be prescribed.

The State Government shall also appoint Certifying Surgeons for carrying out medical examination of motor transport workers and exercise medical supervision of adolescent workers.

of the Act.

The State Government shall also make rules to administer the provisions

Obligations of Employer

(1) Registration of M.T. Undertaking

Every employer of a motor transport undertaking, to which this Act applies, is required to get the undertaking registered under the Act.

An application for the registration shall me made by the employer to the prescribed authority in prescribed form and within the prescribed time. A motor transport undertaking registered under this Act shall be issued a certificate of registration.

(2) Welfare and Health Provisions

(a) Canteens: In every motor transport undertaking wherein one hundred motor transport workers, or more, are employed, one or more canteens shall be provided and maintained by the employer for the use of the motor transport workers in accordance with the rules made in this behalf.

(b) Rest rooms: In every place wherein motor transport workers employed in a motor transport undertaking are required to halt at night, there shall be provided and maintained by the employer such number of rest rooms, or such other transport undertaking are required to half at night, there shall be provided and maintained by the employer such number of rest rooms, or such other suitable alternative accommodation, as may be prescribed. The rest rooms shall be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition.

(c) Uniforms: The employer of a motor transport undertaking shall provide to the drivers, conductors and line checking staff employed in that undertaking such number and type of uniforms, raincoats or other like amenities for their protection from rain or cold, as may be specified in the

Rules. Besides, the employer shall pay an allowance for washing of uniforms at the prescribed rates, or shall make, at his own cost, adequate arrangements for the washing of uniforms.

(d) Medical facilities: The employers shall provide and maintain medical facilities as may be readily available for the workers at such operating centers and halting stations as may be prescribed. Besides, a first aid box equipped with the prescribed contents is required to be maintained by the employers in every transport vehicle and kept in charge of the driver or the conductor of the vehicle, who shall be trained in the use thereof.

(3) Hours of Work

No adult motor transport worker shall be required or allowed to work for more than eight hours in any day and forty-eight hours in any week, except week any motor transport worker is engaged on notified long distance routes, or on festive and other occasions, the employer may, with the approval of the

Prescribed authority, require or allow such motor transport worker to work for more than eight hours in any day or for more than eight hours in any day or forty-eight hours in any week but in no case for more than ten hours in a day and fifty-four hours in a week, as the may be.

The aforesaid limitations shall not apply in case of break-downs, or dislocation of transport service, or interruption or traffic, or act of God.

An adult worker shall be allowed a rest interval of atleast half an hours after he has worked for a period not exceeding five hours.

The hours of work inclusive of rest interval, shall not spread over, more than 12 hours on nay day in the case of adult workers and 9 hours in the case of adolescent workers. The hours of work cannot be split into more than two spells on any day.

(4) Weekly Rest

A rest day in a period of seven days is to be allowed to all motor transport workers. But in order to prevent dislocation in any motor transport service, an employer may require any worker to work on a day of rest which is not holiday.

However, it is to be ensured that no worker does work for more than 10 days consecutively without an intervening day of rest. A worker who has been deprived of a rest day shall be entitled to equal number of compensatory days of rest, within two months.

(5) Young Persons Not to be Employed

The Act prohibits the employment of any child in any motor transport undertaking in any capacity. Adolescents are, however, permitted to be employed provided (i) a certificate of fitness granted to each such adolescent by the authorized certifying surgeon, is in the custody of the employer, and (iii) every such adolescent carries with him a token giving reference to the said certificate.

Any employer before employing any adolescent, shall apply to the certifying surgeon for the medical examination of such adolescent and obtain a certificate of fitness, on payment of the prescribed fee, which he shall not recover from the adolescent, his parent or guardian.

(6) Wages and Leave

Regarding the payment ofwages, the employer shall have the same obligations as laid down under the Payment of wages Act,1936. Where any motor transport worker is required to work overtime, or on the days of rest, he shall be paid wages at the rate of twice his ordinary rate of wages, means his basic wages plus dearness allowance.

Every motor transport worker who has worked for atleast 240 days during a calendar year is entitled, during the subsequent year, to leave with wages at the

rate of one day for every 20 days of work performed in the case of adults and one day for every 15 days work in the case of adolescents.

Any unavailed leave shall be carried forward to the next year, provided that such accumulated leave does not exceed 30 days in the case of an adult worker and 40 days in the case of an adolescent.

Wages for the leave periods shall be paid at the daily average rate (i.e. total fulltime wages for the days of his work during the month immediately preceding his leave period, excluding bonus and any overtime earnings, but including money value of concessional supply of food grains, if any, divided by the number of days). If the leave applied for is for 4 days or more, wages for the leave period shall be paid in advance, if the worker so desires.

(7) Notice

Every employer shall display and correctly maintain a notice of hours of work, in the prescribed manner and form, for every day during which motor transport workers may be required to work.

SALES PROMOTION EMPLOYEES

(CONDITIONS OF SERVICE) ACT, 1976

Objectives

This Act aims at regulating certain conditions of service of sales promotion employees in certain establishments.


The Act extends to the whole of India and applies to every establishment engaged in pharmaceutical industry.

Important Definitions

Establishment: means an establishment engaged in pharmaceutical industry or in any notified industry.

Sales Promotion Employee: means any person, by whatever name called,

(including an apprentice) employer or engaged in nay establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person who (i) being employed or engaged in a supervisory capacity draws wages exceeding Rs. 1600/- per month, or (ii) who is employed or engaged mainly in a managerial or administrative capacity.

In the above definition, “wages per month of a person” shall be determined by dividing his total wages (whether or not including, or comprising only of, commission) for the period of continuous service in the preceding 12 months, by the number of days comprising that period of service, and multiplying the quotient by 30.

All words and expressions used in this Act but not defined, shall have the same meaning as assigned to them in the Industrial Disputes Act, 1947.


The Central Govt. administers the enforcement of the provisions of the Act

Central Govt. also the power to make rules to carry out the purposes of this Act.

These Rules were made in 1976.

The State Govts. Are however, empowered to appoint Inspectors for the purposes of this Act and to define the local within which they shall exercise their functions.

Application of Certain Acts of Sales Promotion Employees

The provisions of Workmen’s Compensation Act, 1923, Industrial Disputes Act,

1947, Minimum wages Act, 1948, Maternity Benefit Act, 1961, Payment of Bonus

Act, 1965 and the Payment of Gratuity Act, 1972 shall be applicable to sales promotion employees as well.

Issue of Appointment Letter

The Act requires every employer in relation to a sales promotion employee to furnish to such employee a letter of appointment in Form A, whenever a person is so appointed.

Leave Entitlement

In additional to holidays, causal leave or other kinds of leave, every sales promotion employee will be entitled to earned leave on full wages for not less than one-eleventh of the period spent on duty and leave on medical certification on onehalf of the wages for not less than one-eighteen of the period of service. The maximum limit up to which earned leave can be accumulated shall be 180 days out of which a sales promotion employee can avail of 90 days at a time.

In the event of voluntary retirement, retirement on super-annuation, death or termination of service (other than as punishment), the Act provides for payment of cash compensation in lieu of unavailed earned leave, not exceeding 120 days, which shall be equal to the wages due for such period of leave.

Besides a paid weekly day of rest, a sales promotion employee is eligible for 10 holidays and 15 days’ casual leave in a calendar year with full wages. A compensatory holidays shall be allowed to a sales promotion employee who is required to attend to his duties on a holiday or rest day.

Registers to be maintained

An employer shall maintain the following registers;

(i) a ‘Register of Sales Promotion Employees’ in Form B;

(ii)‘Service Books’ for every employee in Form C;

(iii) a ‘Register of Service Books in Form D; and

(iv) a ‘Leave Account’ of each employee in Form E.

Inspectors and their Powers

The State Governments are empowered to appoint Inspectors for the purposes of the Act. Any Inspector may, in respect of any establishment within his jurisdiction.

(a) require an employer to furnish such information as he may consider necessary for the purposes of establishment (b) inspect account books, registers, other documents etc., relating to the employment of sales promotion employees, (c) examine the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith (d) take extracts from any register of documents maintained in relation to the establishment or exercise such powers as may be prescribed.

CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

Objectives

Child Labour Act, 1986, prohibits the engagement of children in certain occupations and processes which are considered unsafe and harmful to child workers who are of tender age, and aims at regulating the conditions of work of children in certain other employments.


The Act extends to the whole of India. It repealed the earlier Act on child labour known as the Employment of Children Act, 1938. The Child Labour Act of 1986 applies to all establishments and workshops wherein any industrial process is carried on (excluding one covered under section 67 of the Factories Act, 1948).

Who is a Child Labour

Under the Act, ‘Child’ means a person who has not completed his fourteenth year of age. Any such person engaged for wages, whether in cash or kind, is a child worker.

Disputes as to Age

If any dispute arises as to the age of any child who is employed or is permitted to work in an establishment, the same shall be referred by the Inspector in the absence of a certificate of age of such child, for decision to the prescribed medical authority.

Definition of Establishment

An “establishment” includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.


The Act is administered both by the Central and State Govts. In relation to an establishment under the control of the Central Govt. or a railway administration or a major port or a mine or oilfield, the responsibility for administration of the Act lies with the Central Govt, and in all other cases, with the concerned State Govt. The

Central and State Governments have appointed Inspectors to ensure compliance with the provisions of the Act.

Child Labour Technical advisory Committee

The Central Govt. has constituted a Child Labour technical Advisory Committee to advise it for the purpose of addition of occupations and processes wherein employment of children ought to be prohibited.

Power to Make Rules

The appropriate Government has been empowered to make rules for carrying into effect the provisions of the Act.

Occupations and Processes where Child Labour is Prohibited

No child should be employed or permitted to work in any occupation set forth in

Part A of the schedule appended to the Act, or in any workshop wherein any of the processes listed in Part B of the schedule is carried on, except a workshop wherein the process is carried on by the occupier with the aid of his family or a government recognized/aided school.

The occupations listed in Part A of the schedule are:

Any occupation connected with (i) Transport of passengers, goods or mails by railway, (ii) Cinder picking, clearing or an ash pit or building operation in the railway premises, (iii) Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment, from one platform to another or into or out of a moving train. (iv) Work relating to the construction of a railway station or with any other work which is done in close proximity to or between the railway lines, (v) A port authority within the limits of any port, (vi) Work relating to selling of crackers and fireworks in shops with temporary licences, and (vii) Abattoirs

Slaughter Houses.

The processes specified in Part B of the schedule are:

1.

Bidi – making

2.

Carpet – weaving

3.

Cement manufacture including bagging thereof

4.

Cloth printing, dyeing and weaving

5.

Manufacture of matches, explosives and fire works.

6.

Mica-cutting and splitting

7.

Shellac manufacture

8.

Soap manufacture

9.

Tanning

10.

Wool-cleaning

11.

Building and construction industry

12.

Manufacture of slate pencils (including packing)

13.

Manufacture of products from agate, and

14.

Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.

15.

‘Hazardous processes’ as defined in section 2 (cb) and ‘dangerous operations’ as notified in rules made under section 87 of the Factories

Act, 1948.

16.

Printing as defined in section 2 (k) (iv) of the Factories Act, 1948.

17.

Cashew and cashew-nut descaling and processing.

18.

Soldering processes in electronic industries).

‘Regulation of conditions of Child Labour – Salient Provisions

Employment of children in an establishment or a class of establishments in which none of the aforesaid occupations or processes is carried on, or wherein the process of zari making and embroidery, precious stone polishing or slate manufacturing is carried on, shall be regulated as under:

(a) Hours and period of work

No child shall be permitted or required to work between 7 p.m. and 8 a.m. and to work overtime. The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours and that no child shall work for more than three hours before he has had a rest interval for atleast one hour. The total working hours including the rest interval and the time spent in waiting for work shall not be spread over more than six hours per day.

No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment.

(b) Weekly Holiday

The Act also provides that every child employed in an establishment shall be allowed in each week, a holiday for one whole day. The weekly holiday specified by the employer shall not be altered more than once in three months and a notice to that effect shall be displayed at a conspicuous place in the establishment.

( c ) Health and safety Child Workers

The appropriate Govt.has been empowered under the Act to make rules for the health and safety of working children in any establishment or class of establishments.

These rules may provide for such matters as cleanliness in work place, drinking water, latrines and urinals, lighting and ventilation, dust and fumes, temperature and artificial humidification, fencing of machinery, excessive weights, protection of eyes, device for cutting off power, etc.


(1) The employer will notify the Inspector in case he employs a child in his establishment, within 30 days from the date of such employment.

(2) The employer shall maintain a register in respect of children employed or permitted to work in hi establishment and make it available for inspection by an inspector. This register will show (i) name and date of birth of each child worker engaged by him or working in his establishment, (ii) hours and period of work and rest interval of each such child, and (iii) the nature of work of every such child.

(3) A notice in the local language and in English, containing an abstract of sections 3 and 14 of the Act, shall be displayed at every railway station, port or establishment, by its occupier.

the industrial employment (standing orders) _ act, 1946

Related documents

Products

Support

the industrial employment (standing orders) _ act, 1946

Related documents

Add this document to collection(s)

Add this document to saved

Suggest us how to improve StudyLib