Type:Registration Frequency: Annual

Action to be taken:
If the establishment does not have certified standing orders, prepare a draft standing orders and submit 5 copies to the Certifying Officer accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union to which they belong.The draft standing orders should provide for all matters set out in the Schedule applicable to the Industrial Establishment, and where model standing orders have been prescribed, the draft orders should be in conformity with the model standing orders as far as is practicable. On receipt of the draft, the certifying officer will, after giving 15 days notice to the trade union or the workmen to record objections and after giving all parties an opportunity to be heard, modify the standing orders where he deems necessary and certify the standing orders in writing. A copy of the certified standing orders will be sent to the employer.
Until certification of standing orders for the establishment, adopt the model standing orders (this does not apply where the appropriate government is the state government of Maharashtra or Gujarat).

Audit Requirement:
Is the establishment covered by a set of certified standing orders

Supporting Documents:
Copy of Certification

Related Documents:
The Schedule - S. 2(g), 3(2) - Matters To Be Provided In Standing Orders   View htm  1.9 Kb

Related Triggers:
Startup of a New Establishment or Factory

Related Keywords:
Conditions of Service
Model Standing Orders
Standing Orders

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Related Sections:
Industrial Employment and Standing Orders Act, 1946
3:Submission of draft standing orders:
(1) Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in this industrial establishment.

(2) Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where model standing orders have been prescribed, shall be, so far as is practicable, in conformity with such model.

(3) The draft standing orders submitted under this section shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong.

(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. Industrial Employment and Standing Orders Act, 1946
4:Conditions for certification 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 the industrial establishment, and
(b) the standing orders are otherwise in conformity with the provisions of this Act; and it 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.
Industrial Employment and Standing Orders Act, 1946
5:Certification of standing orders:
(1) On receipt of the draft under Section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, 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 form requiring objections, if any; which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.

(2) After giving the employer 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 necessary to render the draft standing orders certifiable 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 within 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. Industrial Employment and Standing Orders Act, 1946
12-A:Temporary application of model standing orders:
(1) Notwithstanding anything contained in Sections 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 orders as finally certified under this Act come into operation under Section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted 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 in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.