THE INDUSTRIAL EMPLOYMENT (STANDING

ORDERS) ACT, 1946 INTRODUCION

Earlier the economic law of demand and supply in the labour market setteled mutally
benefi- cial bargain between the employer and the workman. It was taken as granted that such a
bargain would secure fair terms and conditions of employment to the workmen. They had a biding
faith in the
inity of this law. But the working of this law has belied their faith. Later workman found that they did
not possess adequate bargaining strength to secure fair terms and conditions of service, they
organised themselves in trade unions and insisted on collective bargaining with the employer. The
advent of trade unions and collective bargaining created new problems for maintaining industrial
peace and production for the society. Workmen started putting forth their damands. Recognising
the rough deal that was being given to the workers by employers who would not define their
conditions of service and the inevitability of industrial strife in such a situation, the legislature
made an attempt to intervene by introducing the Industrial Employmant (Standing Orders) Bill,
1946.

Experience has shown that ‘standing orders’ defining the conditions of recruitment, dis-
charge, disciplinaryaction, holidays, leave, etc., go a long way towards minimising friction
between the managment and workers in industrial undertakings. Discussion on the subject at the
tripartite Indian labour Conference revealed a concensus of opinion in favour of ‘standing orders’
in all indus- trial establishment one hundered or more workers.
In the first instance, the Act will apply to the categories of industrial establishments
speci- fied in clause (2) (e), which include, besides factories and railways, mines, quarries and oil
fields, tramway or motor, omnibus services, docks, wharves and jetties, inland steam vessels,
plantations and workshops. Goverment will be competent to extend the Act to other classes of
industrial estab- lishments or to grant exemptions where necessary, by notifications.
Within 6 months from the date on which the Act becomes applicable to an industrial
estab- lishment the employer is required to frame draf ‘ standing orders’ and submit them to
thecertifying Officer for certification. the draft should cover all the matters specified in the
Schedule to nthe Act and any other matter that Goverment may prescribe by rules. The Certifying
Officer will be empow- ered to modify or add to the draft standing orders so as to render them
certifiable under the Act. It will not be his function (nor of the Appellate Authority) to adjudicate
uiponm their fairness or reasonable- ness. There will be a right to appeal against the decisions of
the Certifying Officers.

ACT 20 OF 1946
The Industrial Employment (Standing Orders) Bill, 1946 was passed by the legislature
and it received the assent on 23rd April, 1946. It came on the statue book as the Industrial
Employment (Standing Orders) Act, 1946 (20 of 1946).
LIST OF AMENDING ACT AND ADAPTATION ORDERS

1. The Indian Independence (Adaptation of Central Acts and

Ordinances) Order, 1948
2. The Adaption of Laws Order, 1950
3. The part B States (Laws) Act, 1951 (3 of 1951)
4. The Industrial Disputes (Amendment and Miscellaneous provisions)
Act 1956 36 of 1956)
5. The Industrial Employmnet (Standing Orders) Amendment Act, 1963
(39 of 1963)
6. The Industrial Employment (Standing Orders) Amendment Act, 1963
(39 of 1963)
7. The Central Labour Laws ( Extensions to Jammu and Kashmir ) Act,
1970 (51 of 1970)
8. The Industrial employment (Standing Orders) Amendment Act, 1982
(18 of 1982)
 THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
(20 OF 1946)1

[23rd April, 1946]

An Act to require employers in industrial establishments formally to define conditions of
employment under them.
WHEREAS it is expendient to require employers in industrial establishments to define with
suffecient precision the conditions of employment under them and to make the said conditions
known to workmen employed by them;
It is hereby enacted as follows:-
1. Short title, extent and application.-(1) This Act may be called the Industrial
employment (Standing Orders ) Act, 1946.
(2) It extends to 2[the whole of India 3[***] ].
[ (3) It applies to every industrial establishment wherein one hundered or more workmen are
employed, or were employed on any day o the proceding twelve months;
Provided that the appropriate Goverment may, after giving not less than two months’ notice of
its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any
industrial establishment employing such number of persons less than one hundered as may be speci-
fied in the notification.
5
[* * *]
6
[ (4) Nothing in this Act shall apply to-
(i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations
Act, 1946 (Bombay Act 11 of 1947) apply ; or
(ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial
Employment (Standing Orders) Act, 1961 (Madhya Pradesh act 26 of 1961) apply:

Provided that notwithstanding anything contained in the Madhya Pradesh Industrial

Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961 ), the provisions of
this Act shall apply to all industrial establishments under the control of the Central Goverment. ]

COMMENTS
(i) Once the Industrial Employment ( Standing Orders ) Act becomes applicable to an
estab- lishment, it does not cease to apply on account of subsequent fall in the number of the
workmen in the establishment ; Balakrishna pillali v. Anand Engineering works (P) Ltd., (1974) II
LLN 199 (Bom).
.
1. For Statement of Objects and Reasons, see Gazette of India, 1946. Pt. V, pp. 179 and 180.
The Act has been extended to Gao, daman and Diu by Reg. 12 of 1962, sec. 3 and Sch., to Pondicherry (w.e.f. 1-10-1963), by reg. 7 of 1963, sec.3
and Sch. I and to Lacadive Minicoy and Amin Divi Islands (w.e.f. 1-10-1967) by reg. 8 of 1965, sec. 3 and Sch.
2. Subs. by the A.O. 1950, for “ all the Provinces of India”.
3. The words “ except the State of Jammu and Kashmir” omitted by Act 51 of 1970, sc. 2 and Sch. (w.e.f. 1-9-1971).
4. Subs. by Act 16 of 1961, sec. 2 for sub- section (3).
Second proviso omitted by Act 39 of 1963, sec. 2 (w.e.f. 23-12-1963).
6. Ins. by Act 39 of 1963, sec. 2(w.e.f. 23-12-1963).
 (ii) The Industrial Employment (Standing Orders) Act, 1946 contains a enral provision
requiring employers in the industrial establishments to define terms and conditions of the employ-
ment under them and to make such terms and conditions known to the workmen employed by
them, from the very begining; Narendra pal Galot v. State of Uttar pradesh, (1994) LLR 21 (All).
(iii) Any order may be questioned under article 226 of the Constitution of India if teh
Certi- fied Standing Orders are illegal, and violative of the principles of natural justice; Narendra
Pal Gahlot v. state of Uttar Pradesh, (1994) LLR 21 (All).
(iii) The certified standing orders when come in the force will be binding to the existing as
well as those employees who are appointed subsequently; Hyderabad Allwyn Ltd. Co. v. Addl.
Industrial Tribunal -cum-labour Court;
(1990) 76 FJR 139 (AP).

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 Govermernt
by
notification in the functipons of an applellate authority under this Act:
Provided that in the 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 the 1963), that court or authority shall be deemed to be the appelate
authority;]
(b) “ appropriate Goverment” means in respect of Industrial establishments under the
control of the Central Goverment, 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 teh workmen, or on
its own after giving the parties an opportunity of being heard, decide the question and such
decision shall be final and binding on the parties;]

(c) “ Certifying Officer” means a Labour Commisioner or a regional Labour

Commis- sioner, and includes any other officer appointed by the appropriate Goverment, by
notification in the Official Gazette, to perform all or any of the functions of a Certifying Oficer
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[clause (f) of sub-section (1)
of section 7, of the Factories Act, 1948 (63 of 1948 )], as manager of the factory;
(ii) in any industrial establishment under the control of any department

1. Subs. by Act 39 opf 1963, sec.3, for clause (a) (w.e.f.23-12-1963).

2. Subs. by the A.O. 1950 for “FederAL RAILWAY”.
3. Added by Act 18 of 1982,sec.2 (w.e.f. 17-5-1982).
4. Subs. by Act 16 of 1961, sec.3, for clause (c).
5. Subs. by Act 16 6 of 1961, sec.3, for clause (e) of sub - section 9 of the factories act, 194 (25 of 1934)”.
of any Goverment in India, the authority appointed by such Goverment in this behalf, or where no
authority is so appointed, the head of the department ;
(iii) in any other industrial establishment, any person responsible to the owner for
the su[ervision and control of the industrial establishment;
(e) “ Industrial establishmnet” means-
(i) an industrial establishment as defined in clause (ii) of section 2 of the
Payment of Wages Act, 1936 (4 of 1936 ),or
(ii) a factory as defined inclause (m) of section 2 of the Indian Railways Act,
1890
(9 of 1890), or
(iv) the establishmnet of a person who, for the purpose of fulfilling a contract with
the owner of any industrial establishmnet, employs workmen;

(f) “ Prescribed” means prescribed by rules made by the appropriate Government

under this Act;
(g) “standing orders” means rules relating to matters set out in the Schedule;

(h) “ trade union” means a trade union for the time being registered under the Indian
Trade Unions act, 1926 (16 of 1926) ;

[(i) “ wages” and “workman’ have the meanings respectively assigned to them in clauses
2

(rr)and (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947)].

COMMENTS
(i) Workmen of an industrial establishmnet , where “ appropriate Government” is the
Central Goverment, will be governed by the Model Standing Orders of the Central Goverment till
its own standing orders are certified and come into the opperation in accordance with the Act;
Bhim Sain Prabhakar v. Chaturvedi, (1990) 1 LLN 591 (P&H).
(ii) Contractual sipulation in the letter of appointment control override the provisions
of the statute. The latter shall have theoverridding effect; Bhim Sain Prabhakar v. Chaturvedi,
(1990) 1 LLN 591 (P&H).
3. Submiossion of draft standing orders.- (1) Within six months from the date on which
this Act becomes applicabnle to an industrial establishmnet, the employer shall submit to the
certifying officer five copies of the draft standing orders proposed by him for adoption in his
industrial establishmnet.
(2) Provision shall be made insuch draft for every matter set out in the Schedule which
may be applicable to the industrial establishmnet, and where model standing orders have been
prescribed, shall be, so far as is pra cticable, in confirmity with such model.
(3) The draft standing orders submitted under this section shall be accompanied by
a statement giving prescribed particulars of theworkmen employed in the industrial
establishmnet including the name of the trade union, if any, to which they belong.

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

2 Subs. by Act 18 of 1982,sec.2 (w.e.f. 17-5-1982).
 (4) Subject to such conditions as may be prescribed, a group of employers in similar
industrial establishment may submit a joint draft of standing orders under this section.
4. Conditions for certifications of standing orders.- standing orders shall be certifiable
under this Act if-
(a) provision is made therein for every matter set out in the Schedule which is applicable
to theindustrial establishment, and
(b) the standing orders are otherwise in confirmity with the provisions of this Act,
and it 1 [shall be the function ] of the Certifying Officer or appellate authority to adjudicate upon the
fairness or reasonableness of the provisions of any standing orders.

COMMENTS
(i) The words “any standing order” would include “ Model Standing Orders”,
proposed standing orders” and the proposed modification to the already certified standing orders’;
Indian Oil Corporation Ltd. v. Joint Cheif Labour Commissione, (1990) 76 FJR 93 (Del)

(ii ) A duty is cast on the Certifying Officer to see that the draft standing orders or the
modification thereof not only should conform with the Model Standing Orders but also he ha sto see
to adjudicate whether the same is reasonable or fair, Indian Oil corporation Ltd.v. Joint Cheif Labour
Commissione, (1990) 76 FJR 93 (Del).
5. Certification of standing orders.- (1) On receipt of the draft under section 3, the
Certify- ing Officer shall forword a copy thereof to the trade union, if any, of the workme, or where
there is no such trade union, to the workmen in such manner as may be prescribed, together with a
notice in the prescribed from requiring objections, if any, which the workmen may desire to make
the draft standing orders tobe submitted to him with infifteen days from the receipt of the notice.
(2) After giving the emplpoyer and the trade union or such other representatives of the
workmen as may be prescribed,an opportunity of being heard, the Certifying Officer shall decide
whether or not any modification of or addition to the draft submitted by the employer is
neccessary to render the draft standing orderscertifiable under this Act, and shall make an order in
writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after making
any modifications therein which his order under sub-section (2) may require, and shall with in
seven days thereafter send copies of the certified standing orders authenticated in the prescribed
manner and of his order under sub-section (2) to the employer and to the trade union or other
prescribed representatives of the workmen.
COMMENTS
(i) when the settlement was arrived at between the workmen and the company and which
is still in force, the parties are to remain bound by the terms of that settelment. till the settelmet is
terminated, Certified Standing Orders can n ot be allowed to be amended; Barauni Refinery
Pragatishil Sharmik Parishad v. Officer shall Indian Oil Corporation Ltd. (1990) 76 FJR 93 (Del).
(ii) The certified standing orders have the overriding effect on other service rules or
regula- tions; S. Alamelu v. The Superitending Engineer, South Arcot Electercity System, 1990
LLR 457 (Mad).

1. subs. by Act 36 of 1956, sec.32, for “shall not be thefunction” (w.e.f. 17-9-1956).
2 Subs. by Act 18 of 1982,sec.2 (w.e.f. 17-5-1982).
 6. Appeals .- (1) 2[ Any employer, workmen, trade union or other prescribed representatives of the
workmen] aggrieved by the order of the Certifying Officer under sub-section(2) of section may ,
within 1 [thirty days] from the date on which copies are sent under sub-section (3) of that section,
appeal to the appellate authority, and the appellate authorit, whose decision shall be final, shall by
order inwriting confirm the standing orders either in the form certified by the Certifying Officer
or after amending the said standing order by making such modification thereof or additions
thereto as it thinks neccessary to render the standing orders certifiable under this Act.
(2) The appeliate authority shall, with in seven days of its order under sub-section
(1), send copies thereof the Certifying Officer, to the employer and to the trade union or other
prescribed repersantatives of the workmen, accompanied, unless it has confirmed without amend-
ment the standing orders as certified by the Certifying Officer, by copies of the styanding orders
as certified by it and authenticated in the prescribed manner.
7. Date of operation of standing orders.- Standing orders shall, unless an appeal is
preferred under section 6, come in to opreation on the expiry of thirty days from the date on which
authenticated copies thereof are sent under sub-section (3 of section 5, or where an appeal as
aforesaid is perferred, on the expiry of seven days from the date on which copies of the order of
the appelate authority are sent under sub-section (2) of section 6.
8. Register of standing orders.- A copy of all standing orders as finally certified under
this Act shall be bfiled by the Certifying Officer in a register in the prescribed form maintained for
the purpose, and the Certifying Officer shal furnish a copy thereof on payment of teh prescribed
fee.
9. posting of standing orders.- The text of the standing orders as finally certified under
this Act shalll be prominently posted by the employer in English and in the language understood
by the majority of his workmen on special boards to be maintained for the purpose at or near the
entrance through which the majority of the workmen enter the industrial establishment and in all
departments thereof where the workmen are employed.
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, 2 [ or a
trade union or other representative body of the workmen] be liable to modification untill the
expiry of six months from the date on which the standing orders or the last modifications thereof
came in operation.
3
[(2) Subject to the provisions of sub-section (1), an employer or workman 2[ or a trade
union or other repersentative body of the workmen] may apply to the Certifying Officer to have
the standing orders modified and such application shall be accopmpanied by five copies of 4[ * *
*] the modification are proposed to be made by agreement between the employer and the
workmen 2[ or a trade union and other repersentative body of the workmen] a certified copy of that
agreement shall be filed with the application. ]

1. Subs. by Act 16 of 1961 , sec. 4 for “twenty- one days’.

2. Ins. by Act 18 of 1982,sec.2 (w.e.f. 17-5-1982).
3. subs. by Act 36 of 1956, sec.32, for “shall not be thefunction” (w.e.f. 17-9-1956).
4. The words “ the standing orders in which shall be indicated” omitted by Act 39 of 1963, sec. 4, (w.e.f. 23-12-1963).
 (3) The foregoing provisions of this act shall apply in respect of an application under
sub- section (2) as they apply to the certification of the first standing orders.
1
[(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 Gujrat or the
Goverment of the State of maharashtra.]
2
[10 A. Payment of subsitence allowances.-(1) Where any workmen is suspended by the
employedr pending investigation or inquiry into complaints or charges of misconduct against him,
the employer shall pay to such workman subsistence allowance-

(a) at the rate of fifty percent. of the wages which the workman was entitled to
immedi- ately preceding the dateof such suspension; for the first ninety days of suspension ; and
(b) at the rate of seventy-five percent.of such wages for the remaining period of suspen-
sion if the delay in the completion of displinary proceedings against such workman is not directly
attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowances payable to a workman under
sub-section (1) the workman or the employer concerened may refer the dispute to the labour
court, consituted under the Industrial Disputes Act, 1947(14 of 1947), within the local limits of
whose jurisdiction the industrial establishment wherein such workman is employed is situate and
the Labour Court to which the dispute is so reffered shall, after giving the parties an opportunities
of being heard, decide the dispute and such decision shall be fianl and bind ing the parties.
(3) Notwithstanding anything contained in the foregoing provisions of this section
where provisions relating to payment of subsitence allowance under any other law for the time
being in force in any State are more beneficial than the propvisions of this section, the
provisions of such other law shall be applicable to the payment of subsistence allowance in the
State.]

COMMENTS
(i) Subsistence allowance paid during the period of suspension can not be recovered;
R. Govendraj v. Goverment Tool Room training Centre, (1990) 1 CLR 442 (Karn).
(ii) Once the amendments have been certified, the certified standing orders operate.
How- ever, they are law made under the provisions of the Act; May & Baker Ltd. v. Shri Kishore
Jai Kishandas Ichaporia, (1991) 63 FLR 319(Bom).
11. Certifying Officers and appellate authorities to have powers of civil
court- 3[(1) Every Certifying Officer and appellate authority shall have all the powers of a civil
court for the purposes of receiving evidence, administering oaths, enforcing the attendance of
witnesses, and complening the discovery and production of documents, and shall be deemed to be
a civil court with in the meaning of 4[ sections 345 and 346 of the Code of Criminal procedure,
1973 (2 of 1974).]
3[(2) Clerical or airthmetical mistakes in any order passed by a Certifying Officer or

1. Ins. by Act 39 opf 1963, sec.4, for clause (a) (w.e.f.23-12-1963).

2. Ins. by Act 18 of 1982,sec.5 (w.e.f. 17-5-1982).
3. Section 11 re-numbered as sub-section (1) thereof and sub-section (2) ins. by Act 39 0f 1963, sec,5 (w.e.f. 23-12-1963).
4. Subs. by Act 18 of 1982,sec.6 (w.e.f. 17-5-1982).
appellate authority, or errors arising therein form any accident slip or omission may, at any time,
be corrected by that Officer or authority or the success or in office of such Officer or authority, as
the case may be.]
12. Oral evidence in contradiction of standing orders not admissible.- No oral
evidence having the effect of adding to or otherwise varying or contradicting standing ordrs as
finally certi- fied under this Act shall be admitted in any court.
1[12A. Temporary application of model standing orders.- (1) Notwithstanding any
thing contained in section 3 to 12, for the period commencing on the date on which this Act
becomes applicable to an industrial establishment and ending with the date on which the standing
ordersa as finally certified under this Act come in to operation under section 7 in that
establishment, the prescribed model standing orders shall be deemed to be adopated in that
establishment, and the provisions of section 9, sub-section (2) of section 13 and section 13 A shall
apply to such model standing orders as they apply to the standing orders so certified.
(2) Nothing contained in sub-section (1) shall apply to an industrial establishment inrespect
of which the appropriate Goverment is the Goverment of the State of Gujrat or the Goverment of
the State of maharashtra.]
COMMENTS
Standing Orders prevail over the Regulation framed under another Act such as the T.N.
Water Supply and Drainage Board Act; The Tamil; Nadu water supply & Drainage Board v. M.P.
Vijay Kumar ; (1991) 1 LIJ 260 (Mad).
13. Penalties and procedure.- (1) An employer who fails to submit draft standing
orders as required by section , or who modifies his standing orders otherwise than in accordance
with section 10, shall be punishable with fine which may extened to five thousand rupees, and in
teh case of a continuing offence with a further fine which may extened to two hundered rupees
for every day after the first during which the offence continues.
(2) An empoyer who does any act contravention of the standing orders finally certified
under this Act or his industrial establishment shall be punishable with fine which may extened to
one hundered rupees, and in the case of a continuing offence with a further fine which may
extened to twenty-five rupees for every after the first during which the offence continues.
(3) No prosecution for an offence punishable under this section shall be instituted except
with the previous sanction of the appropriate Government.
(4) No court inferior to that of 2[ a Metropolitan Magistrate of Judicial Magistrate of
teh second class] shall try any offence under this section.
3[ 13 A. Interpretation, etc., of standing orders.- If any question arises to the applicatioon
or interpretation of a standing order certified under this Act, any employer or workman 4[ or a
trade union or other representative body of the workmen] may refer the question to any one of the
Labour Court constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for
the disposal of such proceeding by the appropriate Goverment by notification in the Official Ga-
zette, and the Labour Court

1. Ins. by Act 38 opf 1963, sec.6 (w.e.f.23-12-1963).

2. Ins. by Act 18 of 1982,sec.7 (w.e.f. 17-5-1982).
3. Ins. by Act 36 opf 1957, sec.32 (w.e.f.10-3-1957).
4. Ins. by Act 18 of 1982,sec.8 (w.e.f. 17-5-1982).
 to which the question is so reffered shall after giving the parties an opportunities of being heard,
decide the question abnd such decision shall be final and binding on the parties.
COMMENTS
(i) A workman cannot go to civil court for the enforcement of this right which emanates
to him from the provisions of the Industrial Emplyment (Standing Orders) Act; Bhim Sain
Parbhakar v. H.R. Chaturvedi, (1990)1 LLN 591 (P&H).
(ii) Standing orders cannot be challanged in a claim petition under section 33C (2) of
the Industrial Disputes Act, 1947; Presh Chand Gupta v. Joint labour Commissioner (Haryana),
(1990) 60 FLR 47 (P&H).
(iii) A Labour Commissioner is required to interpret any question raised as to the applica-
tion or interpretation of a standing order. Model standing Order or amendment certified under the
Act; Kishore Jaikishanchands Ichaporia v. mr. M.R. Bhope (P.O.), (1988) 56 FLR 478 (Bom).
13B. Act not to apply to certain industrial establishments.- Nothing in this Act shall
apply to an industrial establishment in so far as the workmen employed therin are persons to
whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and
Appeal ) rules, Civil Services ( Temporary Services) Rules, Revised Leave Rules, Civil Service
Regulatiuon, Civilians in Defence Service (Classification, Control and Appeal) Rules or the
Indian Railway Establishment Code or any other rules or regulation as may be notified in this
behalf by the appropriate Government in the Official Gazette, apply.]
COMMENTS
The notification under section 13B must be issued by the appropriate Government; Air
India v. Union of India; (1991) 62 FLR 441 (Del).
14. Power to exempt.- The appropriate Government may by notification in the Official
Gazette exempt, conditionally or unconditionally, any industrial establishment or class of indus-
trial establishments for all or nay of the provisions of this Act.

1[14A. Delegation of powers.- The appropriate Government may, by notification in the

Official Gazette, direct that any power exercisable by it under this Act or any rules made there under
shall, in relation to such matters and subjectto such conditions, if any, as may be specified in the
direction, be exercisable also-
(a) where the appropriate Government is the Central Government is the Central Govern-
ment, by such officer or authority subordinate to the Central Government by the State Government
or by such officer or authority subordinate to the State Government, as may be specified in the
notifica- tion.
(b) where the appropriate Government is State Government, by such officer or
authority subordinate to the State Government as may be specified in the notification.
15. Power to make rules.- (1) The appropriate Government may, after previous publication,
by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules
may
- (a) prescribe additional matters to be included in the Schedule, and the procedure to be
followed in modifying standing orders certified under this Act in a accordance with any such addi-
tion;

1. Subs. by Act 39 opf 1963, sec.7, for section14A (w.e.f.23-12-1963).

 (b) set out model standing orders for the purposes of this Act;
(c) prescribe the procedure of Certifying Officers and appelate authorities;
(d) prescribe the fee which may be charged for copies of standing orders enterened
in the register of standing orders;
(e) provide for any other matter which is to may be or prescribed:
Provided that before any rules are made under clause (a) representatives of both employ-
ers and workmen shall be consulted by the appropriate Government.
1[(3) Every rule made by the Central Government under this section shall be laid as
soon as may be after is made, before each House of Parliament while it is in session for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before theexpiry of the session immediately following the session or the
successive sessions aforesaid both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have effect only in such
modified from or be of no effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that
rule.]
COMMENTS
Model Standing Orders shall prevail over the certified standing orders; Kishore
Jaikishanchands Ichaporia v. mr. M.R. Bhope (P.O.), (1988) 56 FLR 478 (Bom).

THE SCHEDULE
[ See sections 2(g) and 3 (2)]
MATTERS TO BE PROVIDED IN STANDING ORDER UNDER THIS ACT
1. Classification of workmen, e.g., whether permanent, temporary, apprentices,
probatiooners, or badlis.
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days
and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of, procedure in applying for, and the authority which may grant, leave
and holidays.
6. Requirement to enter premises by certain gates,and liability to search.
7. Closing and re-opening of sections of the industrial establishment, and temporary
stop- pages of work and the rights and liabilities of the employer and workmen arising
thereform.
8. Termination of employment, and the notice thereof to be given by employer and
work- men.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute miscon-
duct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by
the employer or his agents or servants.
11. Any other matter which may be prescribed.

1. Subs. by Act 18 of 1982,sec.9 (w.e.f. 17-5-1982).