Industrial Employment Standing Orders Andhra Pradesh Rules, 1953
Industrial Employment Standing Orders Andhra Pradesh Rules, 1953
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THE ANDHRA PRADESH INDUSTRIAL EMPLOYMENT
(STANDING ORDERS) RULES, 1953.
1. (1) These rules. may be called the Andhra Pradesh Industrial
Employment (Standing Orders) Rules, 1953
(2) They extend to the whole of the State of Andhra Pradesh
2. In these rules, unless there is anything repugnant in the subject
or context:
(a) “Act” means the Industrial Employment (Standing Orders)
Act, 1964;
(b) “Form” meansa form set out in Schedule If appended to these
rules;
(c) “Words and expressions” used in these rules but not defined
shall have the meaning assigned to them in the Act
3. (1) The model standing orders for the purpose of the Act for
application to the industrial establishments shall be those set out in
Schedule I.
(2) The model standing orders for the purpose of the Act for
application of the Working Journalists, shall be those sct-out in Schedule
LA.
4. Application for certification of Standing Orders shall be in Form
5. The draft standing orders submitted to the certifying officer shall
purposes of sub-section (3) of Section 3'of the Act be accompanied by
a statement in Form ‘B’ giving the following particulars in respect of the
workman cmployed in the industrial establishment -
(1) Name of the establishment.
(2) Number of workman (classified into men, women and children)
employed under the following categories:~
(a) Skilled
(b) Unskitled
(©) Clerical
(d) Others, if any
(e) Total
(3) Number of workmen classified to
(a) Permanent
(b) Temporary
(© Casual
(4) Badli or substitute
n R.9 THE A.P. INDUSTRIAL EMPLOYMENT (S.0.) RULES, 1953. 2B
6. (a) Five copies of the Draft Standing Order which an employer
Proposes to adopt for his industrial establishment shall be forwarded by
registered post to the certifying officer
(b) A group of employers in similar industrial establishment may
submit a joint draft of standing orders, provided that five times as many
copies of the drafts shall be made as the number of industrial
establishments t0 which the joint draft is to apply
(c) Such joint drafts shall be accompanied by statements
prescribed by Rule 5 in respect of each of the industrial establishments
7. On receipt of the standing orders 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 establishment concerned for
the information of the workmen of the said establishment, and
ii) shall forward by registered post copies of the draft standing
orders 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 ‘B’ and to any other trade union or unions
which in the opinion of the Certifying Officer are concerned with the
establishment
8. (1) Whete there is no trade union in an industrial establishment,
the Certifying Officer shall cause a meeting of the workmen to be held
on a date fixed by him for the purpose, for the clection of four
Tepresentatives of the workmen conevrned from among themselves
(2) The Certifying Officer may require the employer or an
officer of the industrial establishment to display a notice of the date,
time and place of the meeting in a prominent place at or near the main
gate of the establishment
(3) The meeting shall be convened, and presided over by the
certifying officer or such person as the certifying officer may by special
or general orders specify for the purpose.
(4) The workmen declared elected at the meeting by the person
presiding shall be the representatives of the workmen for the-purpose of
the Act and these rules, to whom the certifying Officer shall forward a
copy of the draft standing orders and of the notice in Form °C’ together
with notice in Form ‘D”
9. The standing-orders certified by the certifying officer of the
appellate authority shall be authenticated by affixing thereto the signature
and the seal of office of the certifying officer or the appellate authority
as the case may be. The standing orders shall be forwarded by registered
letter post 4 INDUSTRIAL EMPLOYMENT (S.0.) ACT, 1946 R IZA
10. The register of standing orders required to be maintained under
Section & shall be in Form ‘E”
[11. A copy of the certified Standing Orders under Section 8 of the
Act may be obtained by any person from the Certifying Officer by
presenting an application affixing a Court fee stamp of Rupee one and
furnishing copy stamped papers of forty paise for every hundred words
or fraction thereof]
12, (1) Any person desiring to prefer an appeal against an order of
the Certifying Officer shall draw up a Memorandum of Appeal setting
out the grounds of appeal and forward it to the Appellate Authority in
quadruplicate, accompanied by a certified copy of the standing orders.
(2) The Appellate Authority’ shall after giving the appellant an
opportunity of being heard, unless it comes to the conclusion that the
decision of Certifying Officer is contrary to law or otherwise erroneous,
confirm the standing orders as certified by him.
(3) Where the Appellate Authority does not confirm the standing,
orders it shall fix a date for the hearing of the appeal and direct notice
thereof to be given:-
(a) where the appeal is filed by the employer of workman, to
trade unions of the workmen of the industrial establishment and where
there are no such trade unions to the representatives of workman elected
in accordance with the provisions of Rule 8, or
(b) where the appeal is filed by a trade union, to the employer
and all other trade unions of the establishment, or
(©) where the appeal is filed by the representatives of
workmen to the employer:
(4) the appellant shall furnish each of the respondent with a
copy of the memorandum of appeal.
(4) The Appellate Authority may at any stage call for any
evidence it considers necessary of the appeal.
(5) On the date fixed under Rule 3 for the hearing of the appeal
the authority shall take such evidence as it may have called for and
considers to be relevant.
12-A, (1) Files relating to the appeals preferred under the Act shall
be preserved for three years.
(2) After the expiry of the said period of three years, the record:
may be destroyed cither by treating or by burning in the presence of the
Assistant Commissioner of Labour, provided, however, that records 0
seeret of confidential nature shall be destroyed only by burning, Th F-A THE A.P. INDUSTRIAL EMPLOYMENT (S.0) RULES, 1953, 5
records destroyed by tearing may be sold or otherwise disposed of in
such manner as the Certifying Officer thinks fit
13. The following additional matters shall be included in the
Schedule to the Act after items | and 7 thereof respectively, namely:-
“I-A. Workman's tickets and registers
7-A. Closing and re-opening of the entire industrial establishments
or departments. thereof and liabilities of the employer and workmen
arising departments thereof and liabilities of the employer and workmen
arising therefrom”
14, The Madras Industrial Employment (Standing Orders) Rules,
1947, are hereby revealed but such repeal shall not affect the previous
operation of the said rules and anything done or any action taken
thereunder shall be deemed to have been done or taken under these rules.
[15, The Madras Industrial Employment (Standing Orders) Rules,
1947 as in force in the State of Madras, in their application to the
territories specified in the first Schedule to the “Andhra Pradesh and
Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959)
are hereby repealed),
FORM A
(See Rute 4)
The Industrial Employment (Standing Orders) Act, 1946
SECTION 3
To Dated 19
The Certified Officer, Andhra Pradesh
(Area)
(Place)
Sir,
Under the provisions of Section 3 of the Industrial Employment
(Standing Order) Act, 1946, I enclose five copies of the draft standing
orders proposed by me for adaption in
Name
(Place) (Postal address) and
industrial establishment owned/controlled by me with the request that
these orders may be certified under the terms of the Act. I also enclose
a statement in Form “B" giving the particulars prescribed in Rule 5 of the
Industrial Employment (Standing Orders) Rules, 1953
Tam ete
(Signature)
Employer/Manager. 16 INDUSTRIAL EMPLOYMENT (8.0.) ACT, 1946 BB
STATEMENT
FORMB
(See Rule 5)
Particulars of Workmen,
Name of the Industrial Establishment:
Address:
Number of the workmen Men Women Children “Total
employed
EEEEEEEEE EE @) @ @ &
1. (1) Skilled
(2) Unskilled
3) Clerical
(4) Others, if any
Total
IL. Classification and number of workmen:
(1) Permanent
(2) Temporary
(3) Casual
(4) Badli or substitutes
(5) Probationers
(6) Apprentice
(7) Part-time
Total
IIL. Names of trade unions, if any, to which the workers belong
with the number of workers in each such union
IV. The date from which 100 and more persons were employed
in the establishment,
V, Date on which draft standing orders are sent for certification
Employer's Signature FD ‘THE A.P, INDUSTRIAL EMPLOYMENT (8.0) RULES. 1953 7
FORM C
(See Rule 7)
Form of Notice
Draft standing orders having becn submitted by the
any objection of the workmen thereto should be submitted to
me within fifteen days from the date of this notice
Date:
Commissioner of Labour
(Certifving Officer)
“Enter name of the industrial establishment.
FORM D
(See Rale 7)
Notice To Trade Union
Address
A copy of the draft standing orders submitted by
under Section 3 of the Industrial Employment (Standing Orders) Act.
1948 is enclosed.
You are hereby required, within 15 days of this notice to intimate
to the undersigned in writing your objections, if any. to the draft
standing orders
If no objections are received within the period mentioned above it
will be assumed that you do not desire to submit any
Date:
Commissioner of Labour
(Certifying Officer)
To*
Enter name of trade union, and where therg inno trade union, that of representatives of
workers 78 INDUSTRIAL EMPLOYMENT (5.0.) ACT, 1946 Seh-l
FORME
(See Rule 10)
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[SCHEDULE 4
Model Standing Orders
1, In these Standing Orders, unless there ‘s anything repugnant in
the subject or content-
(a) “Habitual” means involving repetition of an act or omission,
for a minimum of 4 of times within a period of 12 months
(b) “Ticket” includes a card, pass or a token
2. Workman may be classified as
(a) permanent workmen;
(b) probationers;
(c) “badlies” or substitutes:
(d) temporary. workmen
(©) casual workmen;
(6 apprentices; and
(g) seasonal workmen;
“Permanent workman” means a workman appointed in a permanent
vacancy and whose appointment has been confirmed in writing by the
employer, and includes a workman who has completed a satisfactory
probation of 6 months in the aggregate in the same or another occupation INDUSTRIAL EMPLOYMENT (8.0.) ACT, 1946
18
FORME
(See Rule 10)
REGISTER OF STANDING ORDERS
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