3Submission 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 his 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 establishments may submit a joint draft of standing orders under this section.
Substitution of section 3.--For section 3 of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as the principal Act), the following shall be substituted, namely:--
"3. Submission of Standing Orders.--(1) Within six months from the date on which the Industrial Employment (Standing Orders) (Karnataka Amendment) Act, 2005 becomes applicable to an industrial establishment, the employer shall prepare the Standing Orders proposed by him for adoption in his industrial establishment.
(2) The Standing Order prepared as required under sub-section (1) shall refer to 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 Standing Order.
(3) The Standing Orders so prepared shall be discussed with the Trade unions existing in the Industrial establishment or representatives of the workmen, before adoption and the employee providing proof thereof:
Provided no Standing Order adopted under this sub-section shall be effective unless a copy thereof as adopted is sent to the Certifying Officer by Registered Post Acknowledgement due and the acknowledgement therefor is received and filed.
(4) If there is no dispute with regard to the clauses and matters set out in the Standing Orders drafted by the employer of the Industrial Establishment, then it shall be adopted in the Industrial Establishment as if it is certified under this Act and a copy thereof shall be sent immediately to the Certifying Authority by Registered Post Acknowledgement Due.
(5) If there is any dispute or disagreement with regard to the adoption of any clauses or matter set out in the schedule between the employer and the trade Union or workmen representatives, then such Standing Orders drafted by the employer shall be submitted to the Certifying Officer notified under the rules with thirty days from the date of dispute, for adoption in the Industrial establishment."
[Vide Karnataka Act 12 of 2014, s. 2]
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- 1 Short title, extent and application
- 2 Interpretation
- 3 Submission of draft standing orders
- 4 Conditions for certification of standing orders
- 5 Certification of standing orders
- 6 Appeals
- 7 Date of operation of standing orders
- 8 Register of standing orders
- 9 Posting of standing orders
- 10 Duration and modification of standing orders
- 10A Payment of subsistence allowance
- 11 Certifying Officers and appellate authorities to have powers of civil court
- 12 Oral evidence in contradiction of standing orders not admissible
- 12A Temporary application of model standing orders
- 13 Penalties and procedure
- 13A Interpretation, etc., of standing orders
- 13B Act not to apply to certain industrial establishments
- 14 Power to exempt
- 14A Delegation of powers
- 15 Power to make rules