Duration and modification of standing orders.

§10

Summary

(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] Maharashtra.-- Amendment of section 10 of Act XX of 1946.--In section 10 of the said Act,-- (a) in sub-section (1),-- (i) after the words "standing orders", at both the places where they occur, "or the amendments"; shall be inserted; (ii) after the words "came into operation", add the following:-- "and where model standing orders have not been amended as aforesaid, the model standing orders shall not be liable to such modification until the expiry of one year from the date on which they were applied under section 2A". (b) for sub-section (2), substitute the following sub-section, namely:-- "(2) Subject to the provisions of sub-section (1), an employer, workman or any prescribed representatives of workmen desiring to modify the standing orders or the model standing orders together with the amendments, as finally certified under this Act, or the model standing orders applied under section 2A, as the case may be, shall make an application to the Certifying Officer in that behalf, and such application shall be accompanied by five copies of the standing orders, or the model standing orders, together with all amendments thereto as certified under this Act or model standing orders in which shall be indicated the modifications proposed to be made and where such modifications are proposed to be made by agreement between the employer and workmen a certified copy of the agreement shall be filed along with the application" [Vide Bombay Act XXI of 1958, s. 14] Maharashtra.-- Amendment of section 10 of Act XX of 1946.--In section 10 of the principal Act in sub-section (4), the words "or the Government of the State of Maharashtra" shall be deleted. [Vide Maharashtra Act LIV of 1974, s. 3]

(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] Maharashtra.-- Amendment of section 10 of Act XX of 1946.--In section 10 of the said Act,-- (a) in sub-section (1),-- (i) after the words "standing orders", at both the places where they occur, "or the amendments"; shall be inserted; (ii) after the words "came into operation", add the following:-- "and where model standing orders have not been amended as aforesaid, the model standing orders shall not be liable to such modification until the expiry of one year from the date on which they were applied under section 2A". (b) for sub-section (2), substitute the following sub-section, namely:-- "(2) Subject to the provisions of sub-section (1), an employer, workman or any prescribed representatives of workmen desiring to modify the standing orders or the model standing orders together with the amendments, as finally certified under this Act, or the model standing orders applied under section 2A, as the case may be, shall make an application to the Certifying Officer in that behalf, and such application shall be accompanied by five copies of the standing orders, or the model standing orders, together with all amendments thereto as certified under this Act or model standing orders in which shall be indicated the modifications proposed to be made and where such modifications are proposed to be made by agreement between the employer and workmen a certified copy of the agreement shall be filed along with the application" [Vide Bombay Act XXI of 1958, s. 14] Maharashtra.-- Amendment of section 10 of Act XX of 1946.--In section 10 of the principal Act in sub-section (4), the words "or the Government of the State of Maharashtra" shall be deleted. [Vide Maharashtra Act LIV of 1974, s. 3]

Footnotes

1. Ins. by Act 18 of 1982, s. 4 (w.e.f. 17-5-1982).
2. Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f. 17-9-1956).
3. Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-1963).
4. Ins. by s. 4, ibid. (w.e.f. 23-12-1963).

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