10Duration and modification of standing orders

(1) Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen ¹[or a trade union or other representative body of the workmen], be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation.

²[(2) Subject to the provisions of sub-section (1), an employer or workman ¹[or a trade union or other representative body of the workmen] may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of ³*** the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen ¹[or a trade union or other representative body of the workmen], a certified copy of that agreement shall be filed along with the application.]

(3) The foregoing provisions of this Act shall apply in respect of an application under sub-section (2) as they apply to the certification of the first standing orders.

⁴[(4) Nothing contained in sub-section (2) 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.]

STATE AMENDMENT

Karnataka

Amendment of section 10.--In section 10 of the principal Act,---

(i) in sub-section (1), after the words finally certified", the words "or adopted" shall be inserted;

(ii) after sub-section (2) the following proviso shall be inserted, namely:---

"Provided that nothing in this sub-section shall be applicable in case of modifications mutually agreed by an employer, workmen or a trade union or other representative body of the workmen and such modifications shall be effected under sub-sections (3) and (4) of section 3."

[Vide Karnataka Act 12 of 2014, s. 8]