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Section 15: Power to make rules

The Industrial Employment (Standing Orders) Act, 1946State Act of Maharashtra · Act 20 of 1946

(J) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may—

(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;

(b) set out model standing orders for the purposes of this Act;

(c) prescribe the procedure of Certifying Officers and appellate authorities;

(d) prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;

(e) provide for any other matter which is to be or may be prescribed:

Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.

?[(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or *[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

STATE AMENDMENT Maharashtra Amendment of section 15 of Act XX of 1946.—In section 15 of the said Act, in sub-section (2),--

(a) in clause (a), after the words “standing orders” the words “or amendments” shall be inserted;

(b) in clause (d), for the words “copies of standing orders entered in the register of standing orders” the words and figure “copies of standing orders or model standing orders together with all the amendments filed in the register under section 8” shall be substituted.

[Vide Bombay Act XXI of 1958, s. 18]

1. Subs. by Act 39 of 1963, s. 7, for s. 14A (w.e.f. 23-12-1963).

2.Ins. by Act 16 of 1961, 5. 6.

3. Subs. by Act 18 of 1982, s. 9, for certain words (w.e.f. 17-5-1982).

15 THE SCHEDULE [See sections 2(g) and 3(2)] MATTERS TO BE PROVIDED IN STANDING ORDER UNDER THIS ACT

1.Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.

2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.

3. Shift working.

4. Attendance and late coming.

5. Conditions of, procedure in applying for, and the authority which may grant, leave and holidays.

6. Requirement to enter premises by certain gates, and liability to search.

7. Closing and re-opening of sections of the industrial establishment, and temporary stoppages of work and the rights and liabilities of the employer and workmen arising therefrom.

8. Termination of employment, and the notice thereof to be given by employer and workmen.

9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.

10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.

11. Any other matter which may be prescribed.

STATE AMENDMENT Maharashtra Amendment of Schedule to Act XX of 1946.—In the Schedule appended to the said Act,--

(a) in the heading—

(i) for the word, figures, brackets and letter “sections 2(g) and 3(2)” the word, figure and letter ““section 2A” shall be substituted;

(ii) after the words “Standing Orders” the words “, model standing orders and amendments” shall be inserted;

(b) after item 10, the following new item shall be inserted, namely:-- “10A. Age for retirement or superannuation.” [Vide Bombay Act XXI of 1958, s. 19] Maharashtra Amendment of Schedule to Act XX of 1946.—In the Schedule appended to the principal Act, after item 10-B the following new item shall be inserted, namely:-- “10C. Employment or re-employment of probationers or badlis or temporary or casual workmen and their conditions of service."

[Vide Maharashtra Act LIV of 1974, s. 4] 16

Where this provision sits

ActThe Industrial Employment (Standing Orders) Act, 1946
Section15
Marginal notePower to make rules
JurisdictionState of Maharashtra
StatusIn force as published by the source

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