The register required to be maintained under section _12 shall.be in Form_ C and shall be properly bound. The Certifying Officer shall furnish a copy of standing orders io any person applying therefor on payment of a fee of rupees five per ·copy. · · · 1(6-A. Additional matter included in the Schedule.- In the Schedule to the Act after item xiv,· the following item· shall be added namely : • ''XV-Age of Rctircmcnt'1, 7, Framing oi Standing Orders.- '[Subject .to the provisiol)S of section 6 of the Act, the Standard'Standing Orders for all undertakings to whfcb th¢ Act applies shall be those set out in the Annexun:J. · FORMA [&\? rule 3) Application for amendment of Standing Orde!:5 Dated the ....................................... day of .................. , .............. · ...... I~ ......... .
To The Certifying Officer, ...................... (Place).
Sir, I. I hereby apply for the amendment ofthe standing orders applicable in the · following undertakings)• ........................... _..
2. Address to which reply has to-be filmt ......................... ..
3. (a) The reference of the standing orders to which amendment is sought· .
f. ll)Sefted by 3 [2·11-1973).
· 2. Substituted by No. 2 (26-3-71).
(b) Number of standing order to which amendment is sought
4. (Not applicable when the application is oo behalf of employees) I am entitled to make this application being an employer of the undertaking concerned.
OR .
I ain entitled to make this application oo. behalf of the group of employers!' representative of employees vide note of authority atta~hed.
Plt1ase fill the blank. .
S. As an Officer or a representative/approved/registered trade union of the employees·coocerned I am entitled to make this application uoder rule 3, [Strike off what is not applicable.]
6. Five copies of the draft amendment typewritten on one side of the plper only indicating amendments are enclosed. The justification for the proposed amendments is mentioned ll!lainst each.
7. The particulars required by sub-rules (2) and (3) of rule 3 are enclosed.
Signature ....................... · Statton Desfgnatlon ................... .
Name of the -undertaking in case of an employer and name of the trade union in the case of employees.
FORMB [&e rule 4] 1n the matter of certification of amendments to the standing orders for (name and address of the undertakillg) ............... ..
To The Employer (Name and address) OR The prescribed representatives of employees (state-whether representative union, approved union, registered trade union, Labour Officer) ........... .
A .copy of tlie draft amendments to the standing orders of ....... submitted by ............. is enclosed. Plea$!: take notice that objections, if any, which you.may desire to make to the draft amendments should be submitted to the undersigned within fifteen days from the receipt of the copy of draft amendments along with this notice by.you.
. A 'iQPY of the !!lending orders to which amendments· are proposed is also enclosed. · ·P.age ..................... ..
Date ..................... .
1. Strike off that portion which is not applicable.
Certifying Officer Madhya Pradesh.
s.
No.
(1) FORMC [See rule ti) ~GISTER Part I- Undertaking Date of the despatch of Date of the copy of slalldiog orders filing appeal authenticated under section if any 8 for the first time
(2) (3) Amendment date of the despatch any notice submade on of the copy of sequently given on appeal, standing orders as or received of !fany settled on appeal any amendment.
(5) (6) (7) Part II Date and nature of decision
(4) Rcsuh
(8) (Should contain the authenticated copy of the standing orders) ANNEXURE Standard Standing Orders for all the Undertakings in the State · 1, Definitions,- In these rules, unless the context otlu;mise requires,-
(a) ~•Manager" means, if the undertaking is a fiwtory, a person nominated as ~r under the Factories Act, 1948, or a person whom an undertaking shall nominate as Manager for the purposci of these standing orders and includes a person authorised by him.
(b) "Season" means the period or periods of each year during which tho principal operations of a seasonal undertaking Is carried on.
2, Cla11ificatlon of Employees.- Employees shall bo classified as-(i) permanent, (ii) permanent seasonal, (iii) probationers, (iv) Badlics, (v) apprentices,
(vi) temporary, 1 [and (vii) Bxed tcnn employment's employee :]
(i) A 'permanent' employee is one who has completed six months' satisfactory service in a clear vacanco in one or more posts whether aa a probationer or otherwise, or a person whose name hag been entered in the muster roll and who is given a ticket of permanent employee;
I. Amended by Notfn. No. P-4 (B) 2-2004-A-XVI, Dated 17-3-2005. Published In M.P.
Rajpatra (Asadharun) Dated 17-3-2005 at Page 172. · 1 [ (ii) A 'pennanent seasonal employee• is an who has completed service for a period equal to ']J3 of the duration or a season or three months whichever is less in a clear vacancy and shall be deemed to be a permanent employee for the purposes of these orders);
(iii) A 'probationer• means an employee who is provisionally employed to fill a clear vacancy, and who has not completed six months' satisfactory service in the aggregate; · ·
(iv) A 'badli' employee means an employee who is employed on t1ie post of a pe'nnanent employee, or a probationer or a permanent seasonal employee who is temporarily absent;
(v) An. 'apprentice' means a learner; provided that no employee shall be classified as an apprentice if he has had training for an aggregate period of one year; provided further that a longer period of apprenticeship shall be required if prescribed by a law or an award, or by agreement with the representative of employees;
(vi) 'temporary employee' means an employee who has been employed for work which is essentially of a temporary character, or who is temporarily employed as an additional employee in connection with the temporary increase in the work of a pennanent nature; provided that in case such employee is required to work continuously for more than six months he shall be deemed to be a pennanent employee, within the meaning of clause (i) above.
2["(vii) ''fixed term employment's employee" means an employee who has been · engaged on the basis of contract of employment for a fixed period.
However, his working hours, wages, allowances and olhcr benefits shall not be less than that of a permanent employee. He shall also be eligible for all statutory benefits available to a permanent employee proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.'1
3. Ticket etc .. - (I) The manager shall cause to be entered the name of all employees in the muster roll indicating the classification. ·
(2) The manager shall arrange to provide every employee except those belonging to the clerical, supervisory or technical peESonnel with a ticket bearing,
(i) the name of the department in which he is working;
(ii) date of entry of his service;
(iii) his number; and '[(iii-a) the record of daily attendance];
(iv) such other particulars as the manager may think fit.
1. Substituted by No. 1 (28-5-1965].
2. Added by Notfn. No. F-4 (E) 2-2004-A-XVI, Dated 17-3-2005.
2. Inserted by No. 2 (26-3-71 ].
I .
·. · : If so required by the man~er the employee shall deliver up .his ticket before starting wo~ for the day provtded that tic~ shall be returned to the employee before the .clds_e of the shift. If so required by a person auth_orised by the manager the employee shall sbow it or produce it for entries' being_ made therein.
.. For t!)Chnical, supervisoiy personnel and clerks a service book 'may be .provided ins~ of .a ticket, . . · I - . .
1((3) (i) Eveiy badli employee shall be provided with a 'badli card'; on which shall be entered, the days on which he bas worked in the undertaking and which shall be surrendered if he obtains permanent employment.
(ii) Eveiy temporary employee shall be provided with a 'temporary card' on which shall be entered the days on which he has worlced in the undertaking and which he shall surrender on his dischaige or being taken on the badli or pennanent register.. I .
(iii) Eveiy casual worker shall be proVIded with a 'Casual Cilrd' on which shall be entered the days on which he has worked in the undertaking. .
(iv) Eveiy apprentice shall be provided with an 'Appri,iltice:Canf on which shall be entered the days on which he bas worked in the undertaking and which shall be surrendered .if he obtains pennanent employment.
(v) The cards referred to in this sub-clause shall also bear the information .specified in sub-clause (2) above.]
4.- Recruitment.- The manager may after .consulting the Employment Exchange lay down' the procedure for recruitment of employees and notify it on the notice board on. which standing orders are exhibited. •· · .- , · · _. · ·· . '(4-A .. Letter or appointment.- Eveiy employee sball be given a letter of appoinbneot, in which among other things. his name, ~e. qualification, designation, classification, )lay-scale, allowance, natl.!re of job, name of department etc., sball be indicated.] . ' · 5, Manner _or intim,ating to employees periods and hours cir work, holidays, pay days and. wage rates.- (a) Notices sbowing the periods and hours of work for eveiy class i1Rd. {VV\IP of eniployees for eiu:h shift in the undertal\ing shall be displayed on notice board maiotaiued for the PIIQlOSC in the department concerned, at the time keqier 's office· and at or near the main entrance of~ ~rtakillg.
(b) Notices specifying the "dates on which wages are to be paid," shall be display~ on the notice b~ at the time-keeper's office and at or near the main entrance of the undertakin~. . - . I . . . .
(c) Notices specifying the wage rates showing separately the allowances, if any, payable to eiu:h class of time-rated employees and the basis of calculation of wage rates. in respect of piece- rated employees shall be displayed at conspicuous · places inside the departments in which the employees concerned are actually working:· ] .
(d) One day in each week shall be notified in the manner provided !11 clause
(a) as the day for the payment of wages due to .. any employee but not paid on the usual pay day ou 111:COunt of their being unclaimed,
1. Ins. by No. 2 126-3-711).
2. Ins. by No. 7 127.3.1987) I
(e) The unclaimed wages due to an employee shall b.9 paid by the lllAIUiger on the days notified under this .standing order and _following the ·daw, on, whii:h a substantiated claim is presented by the mnployee. or on his behalf by his legal l'\lPresentative. within three years from th.e date on which the wages become due to the employee. .
(f) In the "3Se ofbidi manufacturing undertaking the manager shall also display notice of the hours when leaves and to~ shall be distributed anq manufactured bidis shall be received by him, .and the manager shall maintain a m:prd showing for each worker the quantity of leaves and tobacco given to. liim, the- bidis of different kinds manufactured and delivered to the manager by him and the number of bidis rejected as of bad quality. .
6. Shift Working.- (a) Shift working shall be regulated in accordance with the Factories Act, 1948 (No. 68 of 1948), wherever applicable and subject as aforesaid in accordance with any agr~. settlements or awards.
(b) Subject as aforesaid more than one shift may be worked in the whole undertaking or in -one or more sections or departments. .
(c) Whenever an additional shift started or whenever working hours of the shift are cbaDged, notice of seven days shall be given.
(d) Whenever a shift is discontinued notice of one month shall be given, provided. that wherever any permanent employee is. likely to be discharged, notice of three months· shall be given before discontinuing .that .shift. · · (e) Change over of any employee or employees from one shift or another shall he regulated by agreement, settlement or award and in their absence by custom or usage. The manager may, in the discretion, transfer-an employee from one shift to another if such transfer is in the interest of the undertaking. · ·
(f) Retrenchment of employees as a. result of discontinuance of a shift or shifts shall be regulated in accordance with the provisions of the Industrial Disputes Act, 1947, provided that in case of retrenchment of permanent employee notice of three months as provided in standing orders 6 (d) shall be given before retrenchment.
· · (g) If an undertaking proposes to employ additional employees whether on restarting a shift or otherwise the manager shall give the shift' first opportunity-of. · employment to retrenched employees. If an additional shift is started not less than one week's notice shall be put up on the notice board and shall be published in a Hindi newspaper with wide local circulation. ·