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Standing Order - TN Govt

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THE TAMIL NADU INDUSTRIAL EMPLOYMENT

(STANDING ORDERS) RULES, 1947

In exercise of the powers conferred by section 15, read with section 2 (b) of the
Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946), His
Excellency the Governor of Madras hereby makes the following rules, the same having
been previously published as required by section 15(1) of the said Act:-
RULES

1. (1) These rules may be called the Tamil Nadu Industrial Employment (Standing
Orders) Rules, 1947.

(2) They shall extend to the whole of the State of Tamil Nadu including the
Kanyakumari district and the Shencottah taluk of the Tirunelveli district and the
territories specified in the Second Schedule to the Andhra Pradesh and Madras
(Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959)

2. In these rules, unless there is anything repugnant in the subject or context:-

(1) “Act” means the Industrial Employment (Standing Orders) Act, 1946.

(2). “Form” means a form appended to these Rules.

(3) “Section” means a section of the Act.

(4) Words and expressions not defined in these rules shall have the meanings
assigned to them under the Act.

3. 1
[(1) Five copies of the draft standing orders in English and in Tamil which an
employer proposes to adopt for his industrial establishment, shall be sent by him, by
registered post, to the Certifying Officer along with the required number of spare copies
to the trade union in the establishment.]

(2) In cases where a group of employers in similar industrial establishments


proposes to submit a joint draft of standing orders under section 3(4), they shall notify
the Certifying Officer accordingly and submit a joint draft of the standing orders signed
by all of them and forward the same to him by registered post.

4. The Model Standing Orders for the purpose of the Act applicable to the workmen
in Industrial establishments and to the Working Journalists in Newspaper establishments
shall be those set out in Schedules I and II to these rules respectively.

1Subs. by G.O. (2D) No. 33, Labour and Employment (G-1), dated the 1st July, 2014 (with effect
from 30th July, 2014)
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5. The draft standing orders shall be accompanied by a statement giving the


following particulars of the workmen employed in the industrial establishment:-

(1) Name of the establishment

(2) Number of workmen (classified into men, women and children) employed
under the following categories:-

(a) Skilled ;
(b) Unskilled ;
(c) Clerical ;
(d) Others, if any ;
(e) Total ;
(f) Number of permanent workmen ;
(g) Number of temporary workmen ;
(h) Number of badlis or substitutes ;
(i) Number of casual workmen ;
(j) Number of probationers ;
(k) Number of apprentices ;
(l) Names of the trade unions, if any, to which they belong with the number
of workers in each such union

6. On receipt of the draft standing orders, the Certifying Officer shall forward a copy
thereof together with a notice in Form “A” to the trade union, if any, of the workmen or
where there is no trade union, 1[to three representatives of the workmen] elected at a
meeting convened for the purpose by a Labour Officer or other person authorised by a
Certifying Officer, Madras after previous notice of not less than ten days.

6A. (1) Where, in the opinion of the Certifying Officer, it is not possible to follow the
procedure prescribed in rule 6, he shall require the employer to publish a copy of the
draft standing orders and a notice in Form “AA” on the notice board of the
establishment.

(2) On receipt of the draft modification to the certified standing orders from a
workmen or from his representative for certification under Sec. 10(2), the Certifying
Officer shall forward a copy thereof together with a notice in Form “AAA” to the employer
as well as to the trade union, if any, of the workmen requiring them to submit their
objections, if any, to the certification of the modification within fifteen days from the
date of receipt of the notice. Where there is no trade union, the Certifying Officer shall
require the employer to publish a copy of the draft modification to the standing orders
and a notice in Form “AAAA” on the notice board of the establishment.

(3) Where the procedure prescribed in sub-rules (1) and (2) is followed, a copy of
the standing orders or the modification to the standing orders approved for the
establishment shall be published on the notice board of the industrial establishment
within seven days of the certification of the standing orders.

1Subs. by G.O. Ms. No. 79, Labour and Employment (G1), dated the 17th May, 1995
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6B. Standing orders certified in pursuance of section 5 (3) or section 6 (2) shall be
authenticated by the signature and the seal of the office of the certifying officer or the
appellate authority, as the case may be.

6C. Certified standing orders authenticated in the manner specified in rule 6B shall be
forwarded by the Certifying Officer or the appellate authority, as the case may be, within
a fortnight of authentication by registered letter post to the employer and to the trade
union or, as the case may be, to the representatives of the workmen elected in
pursuance of rule 6.

6D. (1) Any person desiring to prefer an appeal to pursuance of sub-section (1) of
section 6 shall draw up a memorandum of appeal setting out the grounds of appeal and
forward it in quintuplicate to the appellate authority accompanied by a certified copy of
the standing orders, amendments or modifications as the case may be.

(2) On receipt of the appeal under sub-rule (1), the appellate authority shall fix a
date for hearing the appeal and direct notice thereof to be given to the appellant ; and

(a) where the appeal is filed by a workman or the employer, to the trade
unions of the workmen of the industrial establishment, and where there are no such
trade unions, to the representative of the workmen elected under rule 6 or, as the case
may be, to the employer ;

(b) where the appeal is filed by a trade union, to the employer and all the
other trade unions of the workmen of the industrial establishment;

(c) where the appeal is filed by the representatives of the workmen, to the
employer and any other workmen whom the appellate authority joins as a party to the
appeal.

(3) After giving the parties an opportunity of being heard on the date fixed under
sub-rule (2), the appellate authority shall confirm the standing orders, amendments or
modifications, as certified by the Certifying Officer, or amend or modify the standing
orders, amendments or modifications, as the case may be.

(4) The appellant shall furnish each of the respondents with a copy of the
memorandum of appeal.

(5) The appellate authority may at any stage call for any evidence it considers
necessary for the disposal of the appeal.

(6) On the date fixed under sub-rule (2) for the hearing of the appeal, the
appellate authority shall take such evidence as it may have called for or considers to be
relevant.

7. (1) The register required to be maintained by section 8 of the Act shall be in


Form B.

(2) Copies of the standing orders approved for an industrial establishment may
be obtained by any person from the Certifying Officer on payment of such fee as may be
prescribed by him in that behalf.
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8. Files relating to appeals under the Act shall be preserved for three years.

9. After the expiry of the period of three years mentioned in rule 8, the records may
be destroyed either by tearing or by burning in the presence of the Assistant
Commissioner of Labour, provided, however that records of a secret or confidential
nature shall be destroyed only by burning.

The records destroyed by tearing may be sold or otherwise disposed of in such


manner as the Commissioner of Labour thinks fit.

10. The Travancore-Cochin Industrial Employment (Standing Orders) Rules, 1952, in


their application to the Kanyakumari District and the Shencottah Taluk of the Tirunelveli
District, are hereby repealed.

11. The Hyderabad Industrial Employment (Standing Orders) Rules, 1953, in their
application to the territories specified in the Second Schedule to the Andhra Pradesh and
Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959), are hereby
repealed.
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APPENDIX

FORM A

(Rule 6)

NOTICE

To

(The name of trade union or representative of the workmen)

Please take notice that the employer of (name of industrial


establishment) has submitted to me the enclosed draft standing orders proposed by him
for adoption in his industrial establishment. Any objections which your desire to make to
the draft standing orders should be submitted to me within fifteen days from the date of
receipt of this notice. If no objections are received within fifteen days from the date of
receipt of this notice, it will be deemed that you have no objection to make.

Place:

Date:

Certifying Officer

Note.- The date of receipt of notice is the date of actual service of the notice if effected
personally by an employee of the Labour Department and if sent by registered post, the
actual date of receipt of the notice by the addressee.

FORM AA

NOTICE

The employer of the (name of the industrial


establishment) has submitted to the Certifying Officer the appended draft standing
orders proposed by him for adoption in his industrial establishment. Any objections
which any workman in the establishment desires to make to the draft standing order
should be submitted to me within fifteen days from the date of publication of this notice.
If no objections are received within fifteen days from the date of publication of this
notice, it will be deemed that the workmen have no objections to make.

Place:

Date:

Certifying Officer
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FORM AAA

[Rule 6-A (2)]

NOTICE

To

(The name of the employer and name of the Trade Union)

Please take notice that a workmen of


. (name of industrial establishment) has submitted to me
the enclosed draft modification to the certified standing orders proposed by him for
adoption in the industrial establishment. Any objections which you desire to make to the
draft standing orders should be submitted to me within fifteen days from the date of
receipt of this notice*. If no objections are received within fifteen days from the date of
receipt of this notice, it will be deemed that you have no objections to make.

Place:

Date:

Certifying Officer

*Note.- The date of receipt of the notice is the date of the actual service of the
notice if effected personally by an employee of the Labour Department and if sent by
registered post the actual date of receipt of the notice by the addressee.

FORM AAAA

[Rule 6-A (2)]

NOTICE

, a workman of the (name of the industrial


establishment) has submitted to the Certifying Officer the appended modification to the
certified standing orders proposed by him for adoption in the industrial establishment.
Any objections which any workmen of the industrial establishment desire to make to the
draft standing orders should be submitted to me within fifteen days from the date of
publication of this notice. If no objections are received within fifteen days from the date
of publication of this notice, it will be deemed that the workmen have no objections to
make.

Place:

Date:

Certifying Officer
FORM B
(Rule 7)
[Industrial Employment (Standing Orders) Act, 1946 – Section 8]
Register – Part I
Industrial Establishment

Date of the
Date of the despatch of despatch of Any notice
the copy of standing Date and Amendment the copy of the subsequently
Serial Date of filing
orders authenticated nature of made on standing given or Result
No. appeal
under Section 5 for the decision appeal, if any orders as received of any
first time settled on amendment
appeal
(1) (2) (3) (4) (5) (6) (7) (8)

Part II

(Should contain the authenticated copy of the Standing Orders)


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