Académique Documents
Professionnel Documents
Culture Documents
SESSION: 2019-2020
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ACKNOWLEDGEMENT
when I needed them. I admit that without their help, I would not have
also due to the writers of standard texts and treaties on the subjects
mental and physical support. It is due to her blessings only that I could
‘God’ who enabled me to complete this work. I pray him to pour success
on my path.
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CONTENTS
a) Acknowledgement 02
b) Contents 03
c) Introduction 04
k) Miscellaneous 19-21
l) Penalties 22
n) Conclusion (Summary) 24
o) References (bibliography) 25
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THE INDUSTRIAL EMPLOYMENT (STANDING
ORDERS) ACT, 1946
But in many cases they were not reduced to writing and were
governed by oral agreements. Inevitably in many cases, the
conditions of service were not well-defined and there was
ambiguity or doubt in regard to their nature and scope.
With this object, the Act has made relevant provisions for
making Standing Orders which, after they are certified,
constitute the statutory terms of employment between the
industrial establishments in question and their employees.
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AIM & OBJECTIVE OF THE ACT
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in the Madhya Pradesh Industrial Employment (Standing
Orders) Act, 1961, the provisions of the Act shall apply to
all industrial establishments under the control of the
Central Government [Sec. 1 (4)].
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IMPORTANT DEFINITIONS
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this behalf, or where no authority is so appointed, the head of the
department; and In any other industrial establishment, any person
responsible to the owner for the supervision and control of the
industrial establishment.
h. Trade union [sec. 2 (h)]: it means a trade union for the time being
registered under the Trade Unions Act, 1926.
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PROCEDURE FOR SUBMISSION OF DRAFT
STANDING ORDERS (SEC. 3)
Stage I:
Copy of Draft Standing Orders to Be Sent To Trade
Union or Workmen: Receipt of the draft standing orders
under Sec. 3, the Certifying Officer shall forward a copy thereof
to the trade union, if any, of the workmen. Where there is no
trade union, the copy of the draft standing orders shall be sent to
the workmen in such manner as may be prescribed. The
Certifying Officer will also send along with a copy of the draft
notice in the prescribed form requiring objections, if any, which
the workmen may desire to, make in draft standing orders. The
objections shall be submitted to him within 15 days from the
receipt of the notice.
Stage II:
Opportunity of Hearing to Trade Union or Workmen to
Be Provided: The Certifying Officer shall give an opportunity
to the employer and the trade union or such other representatives
of the workmen as may be prescribed of being heard if any
modification or addition to standing orders is to be made. After
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this formality is over he shall decide whether or not any
modification or addition to the draft submitted by the employer
is necessary to render the draft standing orders certifiable under
this Act, and shall make an order in writing accordingly.
Stage III:
Certification: The Certifying Officer shall thereupon certify
the draft standing orders with the modifications, if any. He shall
then within seven days send copies of the certified standing
orders authenticated in the prescribed manner to employer the
trade union or other prescribed representatives of the workmen.
In certifying the standing orders, the Certifying Officer shall see the
conditions as laid down in Sec.4 are complied with. According to Sec
4, standing orders shall be certifiable under the Act if—
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OTHER PROVISIONS RELATING TO
STANDING ORDERS
The text of the standing orders as finally certified under the Act
shall be prominently displayed by the employer in English and
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in the language understood by the majority of his workmen. The
display shall be on special boards to be maintained for the
purpose—
Standing orders finally certified under the Act shall not, except
on agreement between the employer and the workmen or a trade
union or other representative body of the workmen, be liable to
modification until the expiry of six months from the date on
which the standing orders or the last modifications thereof came
into operation.
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union or other representative body of the workmen, a certified
copy of that agreement shall be filed along with application.
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At the rate of 75%, of such wages for the remaining
period of suspension if the delay in the completion of
disciplinary proceedings against such workman is not
directly attributable to the conduct of such workman.
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ENFORCEMENT OF THE ACT
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MISCELLANEOUS
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such proceedings by appropriate Government by
notification in Official Gazette. The Labor Court to which
the question is so referred shall, after giving the parties
the opportunity of being heard, decide the question. The
decision of Labor Court shall be final and binding on the
parties.
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Rules to be laid before Parliament: Every rule made
by the Central Government under Sec. 15 shall be laid as
soon as may be after it is made, before each House of
Parliament while it is in session for a total period of 30
days. This period of 30 days may be comprised in one
session or in two or more successive sessions. If both the
Houses agree in making any modification in the rule, the
rule shall thereafter have effect only in such modified
form. If both the Houses agree that the rule should not be
made, the rule shall thereafter be of no effect. However,
any such modification or annulment shall be without
prejudice to the validity of anything previously done
under that rule.
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PENALTIES
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SCHEDULE OF THE ACT
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CONCLUSION
it does not have a free hand to hire and fire. In case of contract jobs the
workers have a grievance that the pay and working conditions are poor.
employment and contract jobs. Skilled and highly skilled workers will be
unfair practices by the employer. The government should take care of them
seasonal production and for those firms who are engaged in project based
assignments, fixed tem employment would be very beneficial. But the Small
and Medium Enterprises who operate at thin profits would not prefer the
fixed term workmen. They would rather continue with contract workmen
who are available for lesser wages and benefits. Further how the state
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