5Certification of standing orders
(1) On receipt of the draft under section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.
(2) After giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act, and shall make an order in writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen.
STATE AMENDMENT
Karnataka
Amendment of section 5.---In section 5 of the principal Act, in sub-section (1), for the word and the figure “section 3”, the words, brackets and figure “sub-section (5) of section 3” shall be substituted.
[Vide Karnataka Act 12 of 2014, s. 4]
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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