Rule 1: Short Title and Extent
(1) These rules may be called the Industrial Employment (Standing Orders) Central Rules, 1946.
(2) They extend to all Union territories, and shall also apply in any State (other than a Union territory) to industrial establishments under the control of the Central Government or a Railway administration or in a major part, mine or oilfield.
Rule 2: Definitions
In these rules, unless there is anything repugnant in the subject or context:
(a) ''Act'' means the Industrial Employment Standing Orders) Act, 1946 (20 of 1946);
(b) ''Form'' means a form set out in Schedule II appended to these rules.
Rule 2-A: Additional Matters in Schedule
In the Schedule to the Act, after Item 10, the following additional matters shall be inserted, namely:-
"10-A. Additional matters to be provided in Standing Orders relating to all industrial establishments in coal mines:-
(1) Medical aid in case of accident;
(2) Railway travel facilities;
(3) Method of filling vacancies;
(4) Transfers;
(5) Liability of manager of the establishment or mine;
(6) Service certificate;
(7) Exhibition and supply of Standing Orders."
"10-B. Additional matters to be provided in the Standing Orders relating to all industrial establishments:-
(1) Service Record-matters relating to service card, token tickets, certification of service, change of residential address of workers and record of age;
(2) Confirmation;
(3) Age or retirement;
(4) Transfer;
(5) Medical aid in case of accidents;
(6) Medical examination;
(7) Secrecy;
(8) Exclusive Service.
Rule 3: Model Standing Orders
(1) Save as otherwise provided in sub-rule (2), the Model Standing Orders for the purposes of the Act shall be those set out in Schedule I appended to these rules.
(2) The Model Standing Orders for the purposes of the Act in respect of industrial establishments in coal mines shall be those set out in Schedule IA appended to these rules.
Rule 4: Application for Certification
An application for certification of standing orders shall be made in Form I.
Rule 5: Particulars of Workmen
The prescribed particulars of workmen for purposes of sub-section (3) of Section 3 of the Act shall be:
(1) Total number employed,
(2) Number of permanent workmen,
(3) Number of temporary workmen,
(3-A) Number of casual workmen,
(4) Number of badlis or substitutes,
(4-A)***
(5) Number of probationers,
(6) Number of apprentices,
(7) Name of the trade union, or trade unions, if any, to which the workmen belong,
(8) Remarks.
Rule 6: Certification
As soon as may be after he receives an application under Rule 4 in respect of an industrial establishment, the Certifying Officer shall-
(a) where there is a such trade union of the workmen, forward a copy of the draft standing orders to the trade union together with a notice in Form II;
(b) where there is no such trade union,call a meeting of the workmen to elect three representatives,to whom he shall, upon their election, forward a copy of the draft standing orders together with a notice in Form II.
Rule 7: Certification
Standing orders certified in pursuance of sub-section (3) of section 5 or sub-section (2) of section 6 of the Act shall be authenticated by the signature and seal of office of the Certifying Officer or the appellate authority as the case may be, and shall be forwarded by such officer or authority within a week of authentication by registered letter post to the employer and to the trade union, or, as the case may be, the representatives of the workmen elected in pursuance of rule 6.
Rule 7-A: Appeal
(1) Any person desiring to prefer an appeal in pursuance of sub-section (1) of section 6 of the Act shall draw up a memorandum of appeal setting out the grounds 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. The memorandum of appeal shall be in Form IV set out in Schedule II to these rules.
(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 of the proceedings a 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 filed by the employer or a workman, to trade unions of the workmen of the industrial establishments, and where there are no such trade unions to the representatives of workmen elected under clause (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 workmen who the appellate authority joins 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) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.
Rule 8: Register of Standing Orders
The register required to be maintained by section 8 of the Act shall be in Form III and shall be properly bound and the certifying Officer shall furnish a copy of standing orders approved for an industrial establishment to any person applying therefor on payment calculated at the following rates per copy-
(i) for the first two hundred words or less, seventy-five paise;
(ii) for every additional one hundred words or fraction thereof, thirty-seven paise;
Provided that , where the said standing order exceeds five pages, the approximate number of the words per page shall be taken as the basis for calculating the total number of words to the nearest hundred, for the purpose of assessing the copying fee.
