#THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 
_______ 

##ARRANGEMENT OF SECTION 
_______ 

SECTION 

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. 
THE SCHEDULE 



#THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 

##ACT NO. 20 OF 1946 

[23rd April, 1946.] 

An Act  to  require  employers  in  industrial  establishments  formally  to  define  conditions  of 
  employment under them. 

  WHEREAS it  is  expedient  to  require  employers  in industrial  establishments  to  define  with  sufficient 
precision the conditions of employment under them and to make the said conditions known to workmen 
employed by them; 

  It is hereby enacted as follows:— 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of long title of Act XX of 1946.**—In the Industrial Employment (Standing Orders) Act, 
1946  (hereinafter  referred  to  as  “the  said  Act”  )  for  the  long  title  the  following  shall  be  substituted, 
namely:-- 

     “An  Act  to  provide  for  defining  with  sufficient  precision  certain  conditions  of  employment  in 
industrial  establishment in the State of Bombay.” 

*[Vide* Bombay Act XXI of 1958, s. 2] 

  **Amendment of preamble of Act XX of 1946.**—In  the  preamble  of  the  said  Act,  for  the  portion 
beginning with the words “to require” and ending with the words “by them”, the words “to provide for 
defining  with  sufficient  precision  certain  conditions  of  employment  in  industrial  establishment  in  the 
State of Bombay, and for certain other matters” shall be substituted. 

*[Vide* Bombay Act XXI of 1958, s. 3] 

1. **Short title, extent and application.**—(1)  This  Act  may  be  called  the  Industrial  Employment 
(Standing Orders) Act, 1946. 

(2) It extends to the whole of India. 

(3) It  applies  to  every  industrial  establishment  wherein  one  hundred  or  more  workmen  are 
employed, or were employed on any day of the preceding twelve months: 

  Provided that the appropriate Government may, after giving not less than two months’ notice of its 
intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial 
establishment  employing  such  number  of  persons  less  than  one  hundred  as  may  be  specified  in  the 
notification. 

(4) Nothing in this Act shall apply to—

  (i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 
1946 (Bombay Act 11 of 1947) apply; or 

  (ii) any  industrial  establishment  to  which  the  provisions  of  the  Madhya  Pradesh  Industrial 
Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961) apply: 

  Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment 
(Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961), the provisions of this Act shall apply 
to all industrial establishments under the control of the Central Government. 

###STATE AMENDMENT 

**Karnataka**

  **Amendment of section 1.**—In section 1 of the Industrial Employment (Standing Orders) Act, 1946 
(Central  Act  20  of  1946)  in  its  application  to  the  State  of  Karnataka,  for  the  words  “one  hundred” 
occurring in sub-section (3) and in the proviso to it, the word “fifty”, shall be substituted. 

*[Vide* Karnataka Act 37 of 1975, s. 2] 

**Maharashtra**

  **Amendment of section 1 of Act XX of 1946.**—In sub-section (3) of section 1 of the said Act, for the 
words “one hundred” the word “fifty” shall be substituted. 

*[Vide* Bombay Act XXI of 1958, s. 4] 

2. **Interpretation.**—In this Act, unless there is anything repugnant in the subject or context,— 

  (a) “appellate  authority”  means  an  authority  appointed  by  the  appropriate  Government  by 
notification in the Official Gazette to exercise in such area as may be specified in the notification the 
functions of an appellate authority under this Act: 

  Provided  that  in  relation  to  an  appeal  pending  before  an  Industrial  Court  or  other  authority 
immediately before the commencement of the Industrial Employment (Standing Orders) Amendment 
Act, 1963 (39 of 1963), that court or authority shall be deemed to be the appellate authority; 

  (b) “appropriate Government” means in respect of industrial establishments under the control of 
the Central Government or a Railway administration or  in  a  major  port,  mine  or  oil-field,  the 
Central Government, and in all other cases, the State Government: 

[^3][Provided that where any question arises as to whether any industrial establishment is under the 
control  of  the  Central  Government,  that  Government  may,  either  on  a  reference  made  to  it  by  the 
employer or the workman or a trade union or other representative body of the workmen, or on its own 
motion  and  after  giving  the  parties  an  opportunity  of  being  heard,  decide  the  question  and  such 
decision shall be final and binding on the parties;] 

  (c) “Certifying  Officer”  means  a  Labour  Commissioner  or  a  Regional  Labour  Commissioner, 
and  includes  any  other  officer  appointed  by  the  appropriate  Government,  by  notification  in  the 
Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act; 

  (d) “employer”  means  the  owner  of  an  industrial  establishment  to  which  this  Act  for  the  time 
being applies, and includes— 

     (i) in  a  factory,  any  person named under clause (f) of sub-section (1)  of  section  7,  of  the 
Factories Act, 1948 (63 of 1948), as manager of the factory; 



[^3]. Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982). 


 
     (ii) in any industrial establishment under the control of any department of any Government in 
India,  the  authority  appointed  by  such  Government  in  this  behalf,  or  where  no  authority  is  so 
appointed, the head of the department; 

     (iii) in  any  other  industrial  establishment,  any  person  responsible  to  the  owner  for  the 
supervision and control of the industrial establishment; 

  (e) “industrial establishment” means— 

     (i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages 
Act, 1936 (4 of 1936), or 

     (ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), 
or 

     (iii) a  railway  as  defined  in  clause  (4)  of  section  2  of  the  Indian  Railways  Act;  1890  (9  of 
1890), or 

     (iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner 
of any industrial establishment, employs workmen; 

  (f) “prescribed” means prescribed by rules made by the appropriate Government under this Act; 

  (g) “standing orders” means rules relating to matters set out in the Schedule; 

  (h) “trade union” means a trade union for the time being registered under the Indian Trade Unions 
Act, 1926 (16 of 1926); 

[^2][(i) “wages” and “workman” have the meanings respectively assigned to them in clauses (rr) and 
(s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947).] 

###STATE AMENDMENT 

**Maharashtra**

**Amendment of section 2 of Act XX of 1946.**—In section 2 of the said Act,-- 

  (a) before clause (a), insert the following clause, namely:-- 

     "(1a) 'amendments' mean in relation to the model standing orders any amendments proposed 
to  such  orders  under  section  3  and  includes  any  alterations,  variations  or  additions  proposed 
thereto; 

     (b) in clause (d), for sub-clause (iii), substitute the following sub-clause, namely:-- 

       "(iii) in any other industrial establishment-- 

          (a) any  person  responsible  to  the  owner  for  the  supervisions  and  control  of  the 
industrial establishment; 

          (b) where a person who, for the purpose of fulfilling a contract with the owner of the 
industrial establishment, employs workmen on the premises of the establishment for the 
execution  of  the  whole  or  any  part  of  any  work  which  is  ordinarily  part  of  such 
establishment  then  in  relation  to  such  workmen,  the  owner  of  the  industrial 
establishment; 

          (c) in clause (e), delete sub-clause (iv) shall be deleted; 

          (d) after clause (e), insert the following clauses, namely:-- 

                "(ee) 'model standing orders' mean standing orders prescribed under section 15; 

                 (ef) 'modification' includes in relation to a standing order, any alteration, variation, 
addition or deletion in, or to, such order;" 

*[Vide* Bombay Act XXI of 1958, s. 5] 

[^2]. Subs. by Act 18 of 1982, s. 2 for cl. (i) (w.e.f. 17-5-1982). 



**Insertion of new section 2A in Act XX of 1946.**—After  section  2  of  the  said  Act,  the  following 
section shall be inserted, namely:-- 

  "2A. **Application of model standing orders to every industrial establishment.**--(1) Where this 
Act applies to an industrial establishment, the model standing orders for every matter set out in the 
Schedule  applicable  to  such  establishment  shall  apply  to  such  establishment  from  such  date  as  the 
State Government may by notification in the Official Gazette appoint in this behalf: 

  Provided  that  nothing  in  this  section  shall  be  deemed  to  affect  any  standing  orders  which  are 
finally  certified  under  this  Act  and  have  come  into  operation  under  this  Act  in  respect  of  any 
industrial  establishment  before  the  date  of  the  coming  into  force  of  the  Industrial  Employment 
(Standing Orders) Bombay Amendment) Act, 1957." 

*[Vide* Bombay Act XXI of 1958, s. 6] 

**Maharashtra**

  **Amendment of section 2 of Act XX of 1946.**—In section 2  of the Industrial Employment (Standing 
Orders) act, 1946, in clause (d),-- 

     (1) for sub-clause (iii) the following shall be substituted, namely:-- 

       “(iii) in any other industrial establishment— 

           (a) any person responsible to the owner for the supervision and control of the industrial 
establishment; 

           (b) where  a  person  who  for  the  purpose  of  fulfilling  a  contract  with  the  owner  of  the 
industrial  establishment  employs  workmen  on  the  premises  of  the  establishment  for  the 
execution of the whole or any part of any work which is ordinarily part of such establishment 
then in relation to such workmen, the owner of the industrial establishment; 

     (2) sub-clause (iv) shall be, deleted; 

*[Vide* Bombay Act XXXVI of 1956, s. 2] 

**Maharashtra**

  **Amendment of section 2A of Act XX of 1946.**—In the Industrial Employment (Standing Orders) 
Act, 1946, in its application to the State of Maharashtra (hereinafter, referred to as the “Principal Act”), 
section  2A  shall  be  renumbered  as  sub-section  (1)  of  that  section,  and  after  sub-section  (1)  so 
renumbered, the following new sub-section shall be added, namely:-- 

     “(2) Notwithstanding anything contained in the proviso to sub-section (1), model standing orders 
made in respect of additional matters included in the Schedule after the coming into force of the Act 
referred to in that proviso (being additional matters relating to probationers or badlis or temporary or 
casual workmen) shall unless such model standing orders are in the opinion of Certifying Officer less 
advantageous  to  them  than  the  corresponding  standing  orders  applicable  to  them  under  the  said 
proviso also apply in relation to such workmen in the establishments referred to in the said proviso 
from such date as the State Government may, by notification in the Official Gazette, appoint in this 
behalf. " 

*[Vide* Maharashtra Act LIV of 1974, s. 2] 

3. **Submission 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. 

###STATE AMENDMENT 

**Karnataka**

  **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] 

**Maharashtra**

  **Amendment of section 3 of Act XX of 1946.**—In section 3 of the said Act,-- 

     (a) for sub-section (1), the following shall be substituted, namely:-- 

       "(1) Within  six  months  from  the  date  on  which  the  model  standing  orders  apply  to  any 
industrial establishment under section 2A, the employer or any workman employed therein may 
submit  to  the  Certifying  Officer  five  copies  of  the  draft  amendments  for  adoption  in  such 
industrial establishment: 

       Provided that no amendment which provides for the deletion or omission of any rule in the 
model standing orders relating to any matter set out in the Schedule shall be submitted under this 
section;" 

     (b) sub-section (2) shall be deleted. 

     (c) in  sub-section  (3),  for  the  words  "draft  standing  orders,  substitute  "draft  amendments" 
shall be substituted. 

     (d) in  sub-section  (4),  for  the  words  "draft  of  standing  orders",  substitute  "draft  of 
amendments". 

     (e) for  the  marginal  note,  the  marginal  note  "Submission  of  amendments."  Shall  be 
substituted. 

*[Vide* Bombay XXI of 1958, s. 7] 

4. **Conditions for certification of standing orders.**—Standing orders shall be certifiable under this 
Act if— 

  (a) provision is made therein for every matter set out in the Schedule which is applicable to the 
industrial establishment, and 

  (b) the standing orders are otherwise in conformity with the provisions of this Act; 

and it shall be the function of  the  Certifying  Officer  or  appellate  authority  to  adjudicate  upon  the 
fairness or reasonableness of the provisions of any standing orders. 

###STATE AMENDMENT 

**Karnataka**

  **Amendment of section 4.**-In section 4 of the principal Act, for the words “Standing Orders shall be 
certifiable”, the words, brackets and figures “In the event of submitting  the draft Standing Order under 
sub-section (5) of the section 3, the Standing Orders shall be certifiable” shall be substituted. 

*[Vide* Karnataka Act 12 of 2014, s. 3] 

**Maharashtra**

**Deletion of section 4 of Act XX of 1946.**—Section 4 of the said Act shall be deleted. 

*[Vide* Bombay Act XXI of 1958, s. 8] 

5. **Certification 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] 

**Maharashtra**

  **Amendment of section 5 of Act XX of 1946.**—In section 5 of the said Act,-- 

  (a) in sub-section (1),-- 

     (i) after the words "as may be prescribed", insert "or the employer, as the case may be", 
and after the word "workmen" where it occurs for the third time, insert "or employer"; 

     (ii) for the words "draft standing orders", substitute the words "draft amendments". 

  (b) in sub-section (2),-- 

     (i) after  the  words  "giving  the  employer",  insert  "the  workmen  submitting  the 
amendments"; 

     (ii) delete the words "or addition to"; 

     (iii) for the words "the draft submitted by the employer is necessary to render the draft 
standing orders certifiable under this Act", substitute "the draft submitted under sub-section 
(1) of section 3 is necessary". 

  (c) in sub-section (3),-- 

     (i) for  the  words  "certify  the  draft  standing  orders",  substitute  "certify  the  draft 
amendments"; 

     (ii) for the words "certified standing orders", substitute "model standing orders together 
with copies of the certified amendments thereof". 

  (d) in the marginal note, for the words "standing orders", substitute the word "amendments". 

*[Vide* Bombay Act XXI of 1958, s. 9] 

6. **Appeals.**—(1) Any  employer,  workmen,  trade  union  or  other  prescribed  representatives  of  the 
workmen aggrieved  by  the  order  of  the  Certifying  Officer  under  sub-section  (2)  of  section  5  may, 
within thirty days from the date on which copies are sent under sub-section (3) of that section, appeal to 
the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing 
confirm  the  standing  orders  either  in the  form  certified  by  the  Certifying  Officer or  after  amending  the 
said standing orders by making such modifications thereof or additions thereto as it thinks necessary to 
render the standing orders certifiable under this Act. 

(2) The  appellate  authority  shall,  within  seven  days  of  its  order  under  sub-section  (1),  send  copies 
thereof  to  the  Certifying  Officer,  to  the  employer  and  to  the  trade  union  or  other  prescribed 
representatives of the workmen, accompanied, unless it has confirmed without amendment the standing 
orders  as  certified  by  the  Certifying  Officer,  by  copies  of  the  standing  orders  as  certified  by  it  and 
authenticated in the prescribed manner. 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of section 6 of Act XX of 1946.**—In section 6 of the said Act,-- 

     (a) in sub-section (1) for the portion beginning with "confirm the standing orders" and ending 
with  "certifiable  under  this  Act",  substitute  the  following,  namely:--  "confirm  the  amendments 
either  in  the  form  certified  by  the  Certifying  Officer  or  after  further  modifying  the  same  as  the 
appellate authority thinks necessary." 

     (b) in sub-section (2),-- 

       (i) for  the    words  "unless  it  has  confirmed  without  amendment  the  standing  orders", 
substitute "unless it has confirmed without further modifications the amendments"; 

       (ii) for  the  words  "by  copies  of  the  standing  orders",  substitute  "by  copies  of  the  model 
standing orders together with the amendments". 

*[Vide* Bombay Act XXI of 1958, s. 10] 

7. **Date of operation of standing orders.**—Standing orders shall, unless an appeal is preferred under 
section 6, come into operation on the expiry of thirty days from the date on which authenticated copies 
thereof are sent under sub-section (3) of section 5, or where an appeal as aforesaid is preferred, on the 
expiry of seven days from the date on which copies of the order of the appellate authority are sent under 
sub-section (2) of section 6. 

###STATE AMENDMENT 

**Karnataka**

  **Amendment of section 7.**-Section 7 shall be renumbered as sub-section (2), thereof and before sub-
section (2) as so renumbered, the following shall be inserted, namely:- 

  “(1) Standing Orders ass adopted under sub-section (4) of section 3 shall come into operation on the 
expiry  of  30  days  from  the  date  on  with the  employer  and the  trade  union  or workmen  representatives 
agree to adopt the standing orders.” 

*[Vide* Karnataka Act 12 of 2014, s. 5] 

**Maharashtra**

  **Amendment of section 7 of Act XX of 1946.** –In section 7 of the said Act and in the marginal note 
thereto, after the words “standing orders” the words “or amendments” shall be inserted. 

*[Vide* Bombay Act XXI of 1958, s. 11] 

8. **Register of standing orders.**—A  copy  of  all  standing  orders  as  finally  certified  under  this  Act 
shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose, and 
the  Certifying  Officer  shall  furnish  a  copy  thereof  to  any  person  applying  therefore  on  payment  of  the 
prescribed fee. 

###STATE AMENDMENT 

**Karnataka**

  **Amendment of section 8.**-In  section  8  of  the  principal  Act,  after  the  words  “finally  certified”, the 
words “or adopted” shall be inserted. 

*[Vide* Karnataka Act 12 of 2014, s. 6] 

**Maharashtra**

  **Amendment of section 8 of Act XX of 1946.**—In section 8 of the said Act,-- 

     (a) After the words "all standing orders", insert the words "or model standing orders together with 
all the amendments" shall be inserted; 

     (b) in  the  marginal  note,  after  the  words  "standing  orders",  insert  "and  model  standing  orders 
together with all certified amendments" shall be inserted. 

*[Vide* Bombay Act XXI of 1958, s. 12] 

9. **Posting of standing orders.**—The  text  of  the  standing  orders  as  finally  certified  under this  Act 
shall be prominently posted by the employer in English and in the language understood by the majority of 
his workmen on special boards to be maintained for the purpose at or near the entrance through which the 
majority  of  the  workmen  enter  the  industrial  establishment  and  in  all  departments  thereof  where  the 
workmen are employed. 

###STATE AMENDMENT 

**Karnataka**

  **Amendment of section 9.**—In section 9 of the principal Act, after the words “finally certified”, the 
words “or adopted” shall be inserted. 

*[Vide* Karnataka Act 12 of 2014, s. 7] 

**Maharashtra**

  **Amendment of section 9 of Act XX of 1946.**—In section 9 of the said Act,-- 

     (a) after the words "standing orders", insert the words "or model standing orders together with all 
the amendments"; 

     (b) in the marginal note, after the words "standing orders", insert the words "and model standing 
orders together with all certified amendments" 

*[Vide* Bombay Act XXI of 1958, s. 13] 

10. **Duration and modification of standing orders.**—(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) 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 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) 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),-- 

[^1].  Ins. by Act 18 of 1982, s. 4 (w.e.f. 17-5-1982). 


 
     (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][10A. **Payment of subsistence allowance.**—(1) Where any workmen is suspended by the employer 
pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall 
pay to such workman subsistence allowance— 

    (a) at  the  rate  of  fifty  per  cent.  of  the  wages  which  the  workman  was  entitled  to  immediately 
preceding the date of such suspension, for the first ninety days of suspension; and 

    (b) at the rate of seventy-five per cent. of such wages for the remaining period of suspension if 
the  delay  in  the  completion  of  disciplinary  proceedings  against  such  workman  is  not  directly 
attributable to the conduct of such workman. 

(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1) 
the workman or the employer concerned may refer the dispute to the Labour Court, constituted under 
the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial 
establishment wherein such workman is employed is situate and the Labour Court to which the dispute is 
so  referred  shall,  after  giving  the  parties  an  opportunity  of  being  heard,  decide  the  dispute  and  such 
decision shall be final and binding on the parties. 

(3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions 
relating to payment of subsistence allowance under any other law for the time being in force in any State 
are more beneficial than the provisions of this section, the provisions of such other law shall be applicable 
to the payment of subsistence allowance in that State.] 

11. **Certifying  Officers  and  appellate  authorities  to  have  powers  of  civil  court.**— (1) Every 
Certifying Officer and appellate authority shall have all the powers of a Civil Court for the purposes of 
receiving  evidence,  administering  oaths,  enforcing  the  attendance  of  witnesses,  and  compelling  the 

[^1]. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982). 


 
discovery  and  production  of  documents,  and  shall  be  deemed to  be a  civil  court  within the  meaning  of 
[^1][sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).] 

(2) Clerical  or  arithmetical  mistakes  in  any  order  passed  by  a  Certifying  Officer  or  appellate 
authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by 
that Officer or authority or the successor in office of such Officer or authority, as the case may be. 

12. **Oral evidence in contradiction of standing orders not admissible.**—No oral evidence having 
the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this 
Act shall be admitted in any Court. 

###STATE AMENDMENT 

**Karnataka**

  **Amendment of section 12.**-In section 12 of the principal Act, after the words “finally certified”, the 
words “or adopted” shall be inserted. 

*[Vide* Karnataka Act 12 of 2014, s. 9] 

**Maharashtra**

**Amendment of section 12 of Act XX of 1946.**—In section 12 of the said Act,-- 

  (a) for the words "standing orders as finally certified under this Act” the words “standing orders 
or the model standing orders, or model standing standing orders” with all the amendments as finally 
under this Act, as case may be,” shall be substituted. 

  (b) in the marginal note, for the words “standing order” the words “standing orders, etc,” shall be 
substituted. 

*[Vide* Bombay Act XXI of 1958, s. 15] 

12A. **Temporary application of model standing orders.**—(1) Notwithstanding anything contained 
in sections 3 to 12, for the period commencing on the date on which this Act becomes applicable  to an 
industrial establishment and ending with the date on which the standing orders as finally certified under 
this Act come into operation under section 7 in that establishment, the prescribed model standing orders 
shall be deemed to be adopted in that establishment, and the provisions of section 9, sub-section (2) of 
section 13 and section 13A shall apply to such model standing orders as they apply to the standing orders 
so certified. 

(2) Nothing contained in sub-section (1) 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 12A.**- In section 12A of the principal Act, after the words “finally certified”, 
the words “or adopted” shall be inserted. 

*[Vide* Karnataka Act 12 of 2014, s. 10] 

13. **Penalties and procedure.**—(1) An employer who fails to submit draft standing orders as required 
by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be 
punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence 
with a further fine which may extend to two hundred rupees for every day after the first during which the 
offence continues. 

[^1]. Subs.  by  Act  18  of  1982,  s.  6,  for  “sections  480  and  482  of  the  Code  of  Criminal  Procedure,  1898  (5  of  1898)” 
(w.e.f. 17-5-1982). 



(2) An employer who does any act in contravention of the standing orders finally certified under this 
Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, 
and in the case of a  continuing offence with a further fine which may extend to twenty-five rupees for 
every day after the first during which the offence continues. 

(3) No  prosecution  for  an  offence  punishable  under  this  section  shall  be  instituted  except  with  the 
previous sanction of the appropriate Government. 

(4) No Court inferior to that of [^1][a Metropolitan Magistrate or Judicial Magistrate of the second class] 
shall try any offence under this section. 

###STATE AMENDMENT 

**Karnataka**

  **Amendment of section 13.**-In section 13 of the principal Act,- 

     (i) in sub-section (1), after the words and figure “Standing Orders as required by section 3”, the 
words and figures “or who fails to adopt Standing Orders as required by sub-section (4) of section 3” 
shall be inserted; 

     (ii) in sub-section (2), after the words “finally certified”, the words “or adopted” shall be inserted. 

[Vide Karnataka Act 12 of 2014, s. 11] 

**Maharashtra**

  **Amendment of section 13 of Act XX of 1946.**—(a) in sub-section (1),-- 

     (i) for "who fails to submit draft standing orders as required by section 3, or who modifies his 
standing  orders",  substitute  "who  modifies  the  standing  orders,  model  standing  orders  or 
amendments"; 

     (ii) for "section 10", substitute "the provisions of this Act"; 

     (iii) for "shall be punishable", substitute "shall on conviction, be punished". 

  (b) in sub-section (2), for the words "the standing orders finally certified under this Act for his 
industrial  establishment  shall  be  punishable",  substitute  the  words  "the  standing  orders,  model 
standing orders or the amendments as finally certified under this Act for his industrial establishment, 
as the case may be, shall, on conviction, be punished" shall be substituted. 

  (c) after sub-section (2), insert the following sub-sections, namely:-- 

     "(2A) Whoever contravenes the provisions of this Act or of any rule made thereunder in cases 
other than those falling under sub-section (1) or sub-section (2), shall, on conviction, be punished 
with  fine  which  may  extend  to  one  hundred  rupees  and  in  the  event  of  such  person  being 
previously convicted of an offence under this Act, with fine which may extend to two hundred 
rupees and in the case of a continuing offence with a further fine which may extend to twenty-
five rupees for every day after the first during which the offence continues. 

     (2B) The Court convicting an employer under sub-section (1) or sub-section (2) may direct 
such  employer  to  pay  such  compensation  as  it  may  determine  to  any  workman  directly  and 
adversely  affected  by  the  modification  or  contravention  of  the  standing  orders,  model  standing 
orders or amendments, as the case may be. 

     (2C) The compensation awarded under sub-section (2B) may be recovered as if it were a fine 
and  if  it  cannot  be  so  recovered,  the  person  by  whom  it  is  payable  shall  be  sentenced  to 
imprisonment of either description for a term not exceeding three months as the Court thinks fit". 

*[Vide* Bombay Act XXI of 1958, s. 15] 

[^1]. Subs. by Act 18 of 1982, s. 7, for “a Metropolitation Magistrate or Judicial Magistrate of the second class” (w.e.f. 17-5-1982). 



13A. **Interpretation,  etc.,  of  standing  orders.**—If  any  question  arises  as  to  the  application  or 
interpretation of a standing order certified under this Act, any employer or workman [^2][or a trade union or 
other representative  body  of  the  workmen] may  refer  the  question  to  any  one  of  the  Labour  Courts 
constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such 
proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court 
to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the 
question and such decision shall be final and binding on the parties. 

###STATE AMENDMENT 

**Karnataka**

  **Amendment of section 13-A.**-In section 13-A of the principal Act, after the words “Standing Orders 
Certified the words “or adopted” shall be inserted. 

*[Vide* Karnataka Act 12 of 2014, s. 12] 

**Maharashtra**

  **Amendment of section 13A of Act XX of 1946.**— In section 13A, after the words "standing order" 
and in the marginal note thereto after the words "standing orders", insert the words "model standing order 
or amendments"; and after the word "workman", insert "or any prescribed representatives of workmen". 

*[Vide* Bombay Act XXI of 1958, s. 17] 

13B. **Act not to apply to certain industrial establishments.**—Nothing in this Act shall apply to an 
industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental 
and  Supplementary  Rules,  Civil  Services  (Classification,  Control  and  Appeal)  Rules,  Civil  Services 
(Temporary  Services)  Rules,  Revised  Leave  Rules,  Civil  Service  Regulations,  Civilians  in  Defence 
Service  (Classification,  Control  and  Appeal)  Rules  or  the  Indian  Railway  Establishment  Code  or  any 
other rules or regulations that may be notified in this behalf by the appropriate Government in the Official 
Gazette, apply. 

###STATE AMENDMENT 

**Jammu and Kashmir and Ladakh (UTs).**— 

**Insertion of new section—After section 13B, insert**— 

  **“13C. Compounding of offences.**—(1) Any offence punishable under the Act may, either before or 
after  the  institution  of  the  prosecution,  on  an  application  by  the  alleged  offender,  be  compounded  by 
payment of compounding amount of not more than rupees fifty thousand, by such officer or authority as 
the  appropriate  Government  may,  by  notification  in  the  official  Gazette,  specify  in  this  behalf  for  the 
amount of rupees fifty thousand: 

  Provided that the appropriate Government may, by notification in the Official Gazette, amend the said 
specified compounding amount: 

  Provided further that the offences of the same nature committed by the same offender for more than 
three occasions shall not be compoundable: 

  Provided also that such offences shall be compounded only after the alleged offender has acted to the 
satisfaction of such officer or authority that such offence is not continued any further. 

(2) Where  an  offence  has  been  compounded  under  sub-section  (1),  no  further  proceedings  shall  be 
taken against the offender in respect of such offence and the offender, if in custody, shall be released or 
discharged.”. 

*[Vide* Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 3774(E), dated (23-10-2020) and Vide Union Territory of Jammu and Kashmir Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).] 

[^2]. Ins. by Act 18 of 1982, s. 8 (w.e.f. 17-5-1982). 



14. **Power to exempt.**—The  appropriate  Government  may  by  notification  in  the  Official  Gazette 
exempt,  conditionally  or  unconditionally,  any industrial  establishment  or  class  of industrial 
establishments from all or any of the provisions of this Act. 

14A. **Delegation of powers.**—The  appropriate  Government  may,  by  notification  in  the  Official 
Gazette,  direct  that  any  power  exercisable  by  it  under  this  Act  or  any  rules  made  thereunder  shall,  in 
relation to  such  matters  and  subject  to such conditions,  if  any,  as  may  be  specified in  the  direction,  be 
exercisable also— 

  (a) where  the  appropriate  Government  is  the  Central  Government,  by  such  officer  or  authority 
subordinate  to  the  Central Government  or  by  the  State  Government  or  by  such  officer  or  authority 
subordinate to the State Government, as may be specified in the notification; 

  (b) where  the  appropriate  Government  is  a  State  Government,  by  such  officer  or  authority 
subordinate to the State Government as may be specified in the notification. 

15. **Power to make rules.**—(1) The  appropriate  Government  may,  after  previous  publication,  by 
notification in the Official Gazette, make rules to carry out the purposes of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may— 

  (a) prescribe additional matters to be included in the Schedule, and the procedure to be followed 
in modifying standing orders certified under this Act in accordance with any such addition; 

  (b) set out model standing orders for the purposes of this Act; 

  (c) prescribe the procedure of Certifying Officers and appellate authorities; 

  (d) prescribe the fee which may be charged for copies of standing orders entered in the register of 
standing orders; 

  (e) provide for any other matter which is to be or may be prescribed: 

Provided  that  before  any  rules  are  made  under  clause  (a)  representatives  of  both  employers  and 
workmen shall be consulted by the appropriate Government. 

(3) Every rule made by the Central Government under this section shall be laid as soon as may be 
after  it is  made,  before each  House  of  Parliament  while it is in  session for  a total period  of thirty  days 
which may be comprised in one session or [^3][in two or more successive sessions, and if, before the expiry 
of the session immediately following the session or the successive sessions aforesaid], both Houses agree 
in making any  modification in the rule or both Houses agree that the rule should not be made, the rule 
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however 
that any such modification or annulment shall be without prejudice to the validity of anything previously 
done under that rule. 

###STATE AMENDMENT 

**Maharashtra**

**Amendment of section 15 of Act XX of 1946.**—In section 15 of the said Act, in sub-section (2),-- 

  (a) in clause (a), after the words “standing orders” the words “or amendments” shall be inserted; 

  (b)  in  clause  (d),  for  the  words  “copies  of  standing  orders  entered  in  the  register  of  standing 
orders” the words and figure “copies of standing orders or model standing orders together with all the 
amendments filed in the register under section 8” shall be substituted. 

*[Vide* Bombay Act XXI of 1958, s. 18] 

[^3]. Subs. by Act 18 of 1982, s. 9, for certain words (w.e.f. 17-5-1982). 


 
##THE SCHEDULE 

*[See* sections 2(g) and 3(2)] 

###MATTERS TO BE PROVIDED IN STANDING ORDER UNDER THIS ACT 

1. Classification  of  workmen,  e.g.,  whether  permanent,  temporary,  apprentices,  probationers, or 
*badlis.*
2. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates. 
3. Shift working. 
4. Attendance and late coming. 
5. Conditions of, procedure in applying for, and the authority which may grant, leave and holidays. 
6. Requirement to enter premises by certain gates, and liability to search. 
7. Closing  and  re-opening  of  sections  of  the  industrial  establishment,  and  temporary  stoppages  of 
work and the rights and liabilities of the employer and workmen arising therefrom. 
8. Termination of employment, and the notice thereof to be given by employer and workmen. 
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct. 
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or 
his agents or servants. 
11. Any other matter which may be prescribed. 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of Schedule to Act XX of 1946.**—In the Schedule appended to the said Act,-- 

  (a) in the heading— 

     (i) for the word, figures, brackets and letter “sections 2(g) and 3(2)” the word, figure and letter 
“section 2A” shall be substituted; 

     (ii) after  the  words  “Standing  Orders”  the  words  “,  model  standing  orders  and  amendments” 
shall be inserted; 

  (b) after item 10, the following new item shall be inserted, namely:-- 

     “10A. Age for retirement or superannuation.” 

*[Vide* Bombay Act XXI of 1958, s. 19] 

**Maharashtra**

  **Amendment of Schedule to Act XX of 1946.**—In the Schedule appended to the principal Act, after 
item 10-B the following new item shall be inserted, namely:-- 

     “10C. Employment or re-employment of probationers or badlis or temporary or casual workmen 
and their conditions of service." 

*[Vide* Maharashtra Act LIV of 1974, s. 4]