STANDING ORDER AND PROCEDURE

Anup Chauhan Roll No:- 1305

Definition
Standing Orders as defined under section 2(g) means rules relating to matters set out in the schedule of the Act. Matters to be provided in Standing Order under this Act: Classification

of workmen permanent, temporary, apprentices, probationary. Manner of intimating to workmen peripds and hours of work, holidays, pay days and wage rates.

Definition
Shift

working Attendance and late coming. Conditions of procedure in applying for, and the authority which may grant, leave and holidays. Requirement to enter premises by certain gates and liability to search. Termination of employment, and the notice there of to be given by employer and workmen.

Procedure for certification of standing orders

1.

2. 3.

4.

Employer to submit draft standing order to the certifying officer (sec 3). Conditions for certification of Standing orders. Certifying officer to adjudicate upon the fairness and reasonableness of the draft standing orders. Procedure to be followed by the certifying officer to certify the draft standing orders submitted to him by the employer.

Procedure for certification of standing orders

1.

Employer to submit draft standing order to the certifying officer (sec 3).
1.

2.

Submission of 5 copies of draft standing orders [section 3(1)] within 6 months from the date on which Act becomes applicable to his industrial establishment. Draft standing order to include matters specified in the schedule p[section 3(2)] Draft standing order to be accompanied with the statement. Submission of joint draft standing orders. Penalty for failure to submit draft standing order.

3. 4. 5.

Condition for certification of standing orders

1.

According to section 4, for certification of standing orders must fulfill the following conditions:1.

2.

In the standing order provision must be made for every matter set out in the schedule to the Act. The standing order must be in conformity with the provisions of the act.

2.
1.

Section(4) of the act reads as follows:The provision is made therein for every matter set out in the schedule which is applicable to the industrial establishment, and The standing orders are otherwise in conformity with the provisions of the act.

2.

Certifying officer to adjudicate upon the fairness and reasonableness of the draft standing order (sec 4)
Section 4 of the Act empowers the certifying officer to adjudicate upon the fairness and reasonableness of the draft standing order. Sec 4 confers upon workmen the right to contest the draft standing order submitted by the employer for certification on the ground that they are either unfair or unreasonable.

Procedure to be followed by the certifying officer to certify the draft standing order
1. 2. 3.

4. 5.

Forwarding of draft standing orders to the workmen. Objections by the workmen. Opportunity of being heard to the workmen and employer. Certification of draft standing orders. Copies of draft standing orders to be sent to the employer and the workmen.

Thank You