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Regulation) Act vs The Hon'Ble Member on 7 September, 2011
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[Complete Act]
Central Government Act
Section 2 in The Industrial Employment (Standing Orders) Act, 1946
2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—
6 [(a) “appellate authority” means an authority appointed by the appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act: tc" 1[(a) “appellate authority” means an authority appointed by the appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act\:" Provided that in relation to an appeal pending before an Industrial Court or other authority immediately before the commencement of the Industrial Employment (Standing Orders) Amendment Act, 1963 (39 of 1963), that court or authority shall be deemed to be the appellate authority;] tc" Provided that in relation to an appeal pending before an Industrial Court or other authority immediately before the commencement of the Industrial Employment (Standing Orders) Amendment Act, 1963 (39 of 1963), that court or authority shall be deemed to be the appellate authority;]"
(b) “appropriate Government” means in respect of industrial establishments under the control of the Central Government or a 7 [Railway administration] or in a major port, mine or oil-field, the Central Government, and in all other cases, the State Government: tc" (b) “appropriate Government” means in respect of industrial establishments under the control of the Central Government or a 2[Railway administration] or in a major port, mine or oil-field, the Central Government, and in all other cases, the State Government\:" 8 [Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties;] tc" 3[Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties;]"
9 [(c) “Certifying Officer” means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act;] tc" 4[(c) “Certifying Officer” means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act;]"
(d) “employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes— tc" (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 10 [clause (f) of sub-section (1) of section 7, of the Factories Act, 1948 (63 of 1948)], as manager of the factory; tc" (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 of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department; tc" (ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government 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 supervision and control of the industrial establishment;
(e) “industrial establishment” means— tc" (e) “industrial establishment” means—"
(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or tc" (i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or"
11 [(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or] tc" 1[(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or]"
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or tc" (iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or"
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen; tc" (iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;"
(f) “prescribed” means prescribed by rules made by the appropriate Government under this Act; tc" (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; tc" (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); tc" (h) “trade union” means a trade union for the time being registered under the Indian Trade Unions Act, 1926 (16 of 1926);"
12 [(i) “wages” and “workman” have the meanings respectively assigned to them in clauses (rr) and (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947)]. tc" 2[(i) “wages” and “workman” have the meanings respectively assigned to them in clauses (rr) and (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947)]." State amendments Andhra Pradesh.—In section 2, in clause (e), after sub-clause (iv), insert the following, namely:— “or,
(v) such other establishment, as the State Government may, by notification in the Andhra Pradesh Gazette, specify in this behalf, which does not fall within any of sub-clauses (i) to (iv), and in respect of which the State Government is the appropriate Government. [Vide Andhra Pradesh Act 9 of 1969, sec. 2 (w.e.f. 31-1-1969)]. Gujarat: Maharashtra.—In section 2,—
(i) before clause (a), insert the following clause, namely:— “(1a) ‘amendments’ mean in relation to the model standing orders any amendments proposed to such orders under section 3 and includes any alterations, variations or additions proposed thereto;”
(ii) in clause (d), for sub-clause (iii), substitute the following sub-clause, namely:— “(iii) in any other industrial establishment—
(a) any person responsible to the owner for the supervisions and control of the industrial establishment;
(b) where a person who, for the purpose of fulfilling a contract with the owner of the industrial establishment, employs workmen on the premises of the establishment for the execution of the whole or any part of any work which is ordinarily part of such establishment then in relation to such workmen, the owner of the industrial establishment;
(iii) in clause (e), delete sub-clause (iv);
(iv) after clause (e), insert the following clauses, namely:— “(ee) ‘model standing orders’ mean standing orders prescribed under section 15;
(ef) ‘modification’ includes in relation to a standing order, any alteration, variation, addition or deletion in, or to, such order;” [Vide Bombay Act 21 of 1958, sec. 5 (15-1-1959); Act 11 of 1960, sec. 87 (w.e.f. 1-5-1960)]. Tamil Nadu.—In section 2, to clause (e), add the following proviso, namely:— “Provided that the State Government may, in relation to industrial establishments in respect of which it is the appropriate Government, appoint by notification in the Official Gazette, any officer subordinate to the Labour Commissioner to exercise in such areas as may be specified in the notification, the functions of a certifying officer under this Act, and any officer appointed as aforesaid may exercise those functions, whether or not the Labour Commissioner is absent.” [Vide Tamil Nadu Act 24 of 1960, sec. 2 (w.e.f. 2-11-1960)]. Section 2A Maharashtra: Gujarat.—After section 2, insert the following section, namely:— “2A. Application of model standing orders to every industrial establishment.—(1) Where this Act applies to an industrial establishment, the model standing orders for every matter set out in the Schedule applicable to such establishment shall apply to such establishment from such date as the State Government may by notification in the Official Gazette appoint *in this behalf: Provided that nothing in this section shall be deemed to affect any standing orders which are finally certified under this Act and have come into operation under this Act in respect of any industrial establishment before the date of the coming into force of the Industrial Employment (Standing Orders) Bombay Amendment) Act, 1957.” [Vide Bombay Act 21 of 1958, sec. 6 (w.e.f. 15-1-1959); Act 11 of 1960, sec. 87 (w.e.f.1-5-1960)]. * 15-1-1959 See Bom Govt. Gaz. 1959 Pt. I-1 page 333. tc" * 15-1-1959 See Bom Govt. Gaz. 1959 Pt. I-1 page 333."
(Maharashtra) —Section 2A renumbered as sub-section (1) of that section and after sub-section (1) so renumbered, following new sub-section (2) shall be added: “(2) Notwithstanding anything contained in the proviso to sub-section (1) model standing orders made in respect of additional matters included in the Schedule after the coming into force of the Act referred to in that Proviso (being additional) matters relating to probationers or badlis or temporary or casual workmen shall unless such model standing orders are in the opinion of certifying officer less advantageous to them than the corresponding standing orders applicable to them under the said proviso also apply in relation to such workmen in the establishments referred to in the said proviso from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf. [Vide Maharashtra Act 54 of 1974, sec. 2].