THE '[MAHARASHTRA] INDUST RIAL EMPLOYMENT (STANDING ORD ERS) RULES, 1959 GN., L. & SW.D. NO. INT. 30581, Dated 6" Janu ary, 1959 (B.G., PT.A-L, P.333) In exercise of the powers conferred by Section 15 of the Industrial Employment (Standing Orders) Act, 1 946 (XX of 1946), in its application to the State of Maharashtra, the Government of Maharashtra hereby makes the following rules, namely:-
1. Short title, extent and commencement .- (a) These rules may be called the Maharsahtra Industrial Employment ( Standing Orders) Rules, 1959.
(b) They extend to the whole of the 2[State of Mah arashtra).
(c) They shall come into force on and with e ffect from the 15th day of January,
1959.
2. Definitions.- In these rules, unless the conte xt otherwise requires
(a) "Act" means the Industrial Employment (Standing Orders) Act, 1946;
(b) "Form" means a form set out in Schedul e Il appended to these rules;
(c) Words and expressions used in these rules but not defined shall have the meanings assigned to them in the Act.
3. Model Standing Orders.- The model s tanding orders for the purposes of the Act shall be those set out in Schedule | appended to these rules.
4. Representatives of workmen.- (1) Where there is a trade union representing workmen in any industrial es tablishment, the trade union of which the workmen are members, shall be the r epresentative of such workmen for the purposes of the Act, and these rules .
(2) Where there is no such Trade Union th e Certifying Officer shall cause a meeting of the workmen to be held on such da te as may be fixed by him or by any person authorised by him for the electio n of Five Representatives for each of the *[three] categories of workmen, namely:-
(i) Workmen doing Manual or Technical work,
(ii) Workmen doing Clerical or Supervisory work, and 4[(iii) Working Journalists in the case of Newspaper Establish ment.]
1 ¥ All references to “Bombay Acts, Rules and Regulations, bye laws, Scheme of Order issued or enacted before the 1% May, 1960, subsfituted as "Maharashtra Acts, Rules, Regulations bye Laws, Scheme and Order” and the same _ shall be deemed to have been amended from 1% May. 1960 as per Act No.XXIV of 2012 dated 22.8.2012, MGG Part VIil dt. 22.8.2012. Al the amendments in this gtz)oakzz;rzsombay to Maharashtra has been substituted as per Act NoXXIV of 2012. dt 2 Subs. by A. O. 1960 for “State of Maharashtra.” 3 Subs. by G. N. of 12.3.1960.
4 Ins. by G. N. of 12.3.1960.
(3) The Certifying Officer or an: :
tehn;ploxer to display a notice of the date, time a Su‘::hmaln gate or in the Departments of the manner as may be directed by him or Off‘(4) The meeting shall be convened, icer or such person as may be authorised or de
(5) The workmen declared elected at the mé shall be the representatives of the workmen for these rules. 2
5. Application for modification.- An appli section (2) of Section 10 of the Act, may be m any industrial establishment,-
(i) by any other workman employed in such industrial
(ii) by his representative elected under Rule 4.
6. Particulars of statements.- (1) Every employer whoREEETe amendments under sub-section (1) of Section 3 of the Act or @ modification under sub-section (2) of Section 10 of the Act, shall fu Certifying Officer separate statements in Form ‘A" in r espect of- 0
(i) workmen doing manual or technical work, b Lz 1
(i) workmen doing clerical or supervisory work, 2[(iii) Working Journalists in the case of newspaper establishment] Each such statement shall contain the following particulars, namely:-
(a) the total number of workmen employed in the industrial establishment;
(b)the number of permanent workmen, probationers, b adlis or substitutes, i temporary workmen, apprentices, part-time workmen and casual workmen; and
(c) the name of the trade union or unions, if any, of which the workmen are members.
(2) Every workman submitting draft amendments under sub-section (1) of Section 3 of the Act and every workman or his representatives making application for modification under sub- section (2) of Section 10 of the Act shall furnish the Certifying Officer with a statement in Form 'B'
7. Submission of joint draft.- A group of employers in similar industrial | ent may submit a joint draft of amendments provided such joint ' is submitted through a person authorised in this behalf by such group and five | time as many copies of the drafts as the number of industrial establishments t0 | which the joint draft is to apply as submitted. The following particulars shall be | furnished along with the joint draft n amely:- ?
4 list of employers constituting the group with the name and add ress in full | ustrial establishment;
establishm
(i) of each ind
(ii) a declaration that the industrial establishments constituting the group have agreed to abide by the conditions laid down in the joint draft;
(iii) statements prescribed by sub-rule (1) of rule 6 in respect of each of the industrial establishments constituting the group
8. Notice to workmen, employer etc.- (1) On receipt of the draft amendments or modifications submitted by an employer, the Certifying Officer shall, as soon as practicable,-
(i) cause copies thereof together with notice in Form 'C’ to be affixed on the notice board of the industrial establishments concerned for the information of the workmen of the said establishment, and
(i) forward by registered post copies of the draft amendments or modifications and of the notice in Form 'C' together with notice in Form 'D to the trade union or unions named by the employer in the statement submitted by him in Form 'A' and to any other trade union or unions which in the opinion of the Certifying Officer are concerned with the establishment.
(2) On receipt of the draft amendments or modifications submitted by or on behalf of a workman, the Certifying Officer shall, as soon as practicable,-
(i) cause copies thereof together with notice in Form 'C' to be affixed on the notice board of the industrial establishment concerned for the information of the workmen of the said establishment, and
(i) forward- by registered post copies of the amendments or modifications and of the notice in Form 'C' together with notice in Form 'D' to the trade union or unions named by the workmen in statement submitted by or on behalf of him in Form 'B' and to any other trade union or unions which in the opinion of the Certifying Officer are concerned with the establishment, and
(iii) forward by registered post copies of the amendments or modifications to the employer requesting him to submit his objections, if any, to the amendments or modifications within fifteen days of the receipts of a communication to that effect from the Certifying Officer.
9. Submission of copies of draft amendments and modifications.- The copies of the draft amendments or modifications to be submitted by the employer under sub-section (1) of Section 3 and under sub-section (2) of Section 10 of the Act shall be type- written on one side of the paper only.
10. Authentication of amendments or modifications.- The amendments or modifications certified by the Certifying Officer or confirmed by the appellate authority shall be authenticated by affixing thereto the seal of the Certifying Officer or as the case may be, of the appellate authority. The amendments or modifications as certified by the Certifying Officer shall be forwarded to the parties by registered post acknowledgement due or by hand delivery.
11. Register under Section 8.- The register of Standing Orders or model standing' orders together with all amendments required to be maintained under Section 8 of the Act shall be in Form 'E".
e LUy e - i ders of the standlng Or ) or 12. Fees,.The § for fumishing a cORY &' 52 T o tified by th model standing o;:mp?ggg:fief with all the amegg"'v"z)r ds or part thereof, oy ertifying Officer shall be five naye paise for every aise per 100 words or therod CODies, an additional fae of five naye P able for a certified copy thereof shall be charged, and on the total amount pay: surcharge of 25 per cent shall be levied. L fer an 3 13. Procedure in appeal.. (1) Any person desmnr?‘etr?»o?;:umofagg:::
29ainst an order of the Certifying Officer shall draw up a druplicate accompan;
Setting out the grounds of appeal and forward it in qua and of the order of the by a certifieq COpy of the amendments or modifications to the Registrar of th Certifying Officer against which the appeal is preferred, to o Industrial Court,
(2) The appeliate authority shall, after giving the appellant an opportunity of INg heard, un| less it comes to the conclusioqs that the decisio:fi nt:‘f ::e Certifying Officer is contrary to law or otherwise erroneous, co e amendments or modifications as certified by him. (3) Where the a N ndments o ppellate authority does not confirm the ame‘ . modifications it shall fix a date for the hearing of the appeal and direct notics thereof to be given-
(a) where the appeal is filed by the employer or a workman, to trade unions of the workmen on the industrial establishment and where there are NO such resentatives of workmen elected under Rule 4, or the employer;
(b) where the appeal is filed by a trade union, to the em, ployer and all other trade unions of the workmen of the ind ustrial establishment;
(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 considers to be relevant.
14. Application under Section 13-A of the Act.- (1) Every application made under Section 13-A of the Act shall b registered post or be presented .to the clerk of subordinate officer authorised by the Court in this behalf, (2) Such application may be made on behalf of any workman in any industrial establishment - - () by any other workman employed in such industrial establishment, o, (ii) by his representative under Rule 4.
14-A, Procedure to be followed by Labour Courts applications under Section 13-A of the Act:- in decidj The Labouyr Court in decidi:g nder section 13A of the Act may follow the procedure of judicial y cover examination of documents, witness and other parties. For this purpose, the Labour Court shall have in it under the Industrial Disputes Act, 1947 in so far as licable in deciding such app lications.
dice to the generality of the provisions of sub-rule (1 ) the s it may be applicable, follow the same procedure with matters under the Industrial Disputes they are app
(2) Without r;:rfiju o bour Court shall, as far, ;iich is being follow ed by it in dealing Act, 1947, in rega rd to-
(i) production and exhibit ing documents,
(ii) examination of witness es,
(iii) adjournments,
(iv)filing of affidavits,
(v) commissions,
(vi)sitting of the Court and hearin g of matters,
(vii) authorisation of representatives,
(viii) maintenance of Rozanama,
(ix)awards and orders, and
(x) certified copies and charges therefor.
15. Inclusion of additional matters in Schedule to the Act.- The following additional matters shall be included in the Schedule to the Act 1[after items 1, 7 and 10- A respectively,] namely:- “1-A. Workmen's tickets and registers.
7-A. Closing and re-opening of the entire industrial establishment or departments thereof and the rights and liabilities of the employer and workmen arising therefrom.” 2[10-B. Medical examination (including provision for bearing expenses therefor)]
16. Rgpeals.- The Industrial Employment (Standing Orders) Central Rules, 1946 as in force in the Kutch area of the State of Maharashtra, the Central Provmpes and Berar Industrial Employment (Standing Orders) Rules, 1947, as in {orce in the Vidarbha region of the State of Maharashtra, the Maharashtra Fr{\dustna! Employment (Standing Orders) Rules, 1948, as in force in the - pre- Seorgamsatlon Sta_te of Maharashtra, excluding the transferred territories, the Ha:rasrt;tra Industflal Employment (Standing Orders) Rules, 1949, and the th); fira:j ad Industrial Employment (Standing Orders) Rules, 1953, as in force in.
¥ émbad area of the State of Maharashtra are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have b .
X oo he correspondi provisions of these rules. " made or teken under e P Subs. by G. N. of 24-10-1972 S DV G N of 24-10-1972. 1o -