Section 10 of The Industrial Employment (Standing Orders) Act, 1946
- (1)Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen 20[ 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 in to operation. 21[(2) Subject to the provisions of sub-section (1), an employer or workman 22[ 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 23[***] the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen 19[ 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. 24[(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.]
25[10-A. Payment of subsistence allowance.--(1) Where any workman 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 workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and Ins. by Act No.18 of 1982 (w.e.f.17-5-1982).
Subs, by Act No. 36 of 1956, S. 32, for the original sub-section (w.e.f. 17-9-956).
Ins. by Act No.18 of 1982 (w.e.f.17-5-1982). Omitted by Act No. 39 of 963. Added by ibid. Ins. by Act No. 18 of 1982 (w.e.f. 17-5-1982).
- (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)Not with standing 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.]
Summary
- This section prevents constant changes to the rules by setting a minimum six-month lock-in period for certified standing orders.
- Rules cannot be modified until six months have passed since they or their last modification came into operation, unless both sides agree to a change earlier.
- An employer, workman, or a trade union can apply to the Certifying Officer for a modification by submitting five copies of the proposed changes.
- If the modification is based on a mutual agreement, a certified copy of that agreement must be included with the application.
- The rules about modifying standing orders do not apply to industrial establishments where the government of Gujarat or Maharashtra is the appropriate Government.
Practical examples
FAQ
1. How soon can standing orders be modified under Section 10 of The Industrial Employment (Standing Orders) Act, 1946?
Under Section 10 of the Act, they cannot be modified until six months have passed since they came into operation, unless there is an agreement between the employer and the workmen or their representatives.
2. Who has the right to apply for a change to the rules under Section 10 of the 1946 employment statute?
Section 10 of the 1946 employment statute allows an employer, a workman, a trade union, or other representative body of the workmen to apply for a modification.
3. How many copies of the proposed changes must be submitted under Section 10 of the workplace rules law?
Section 10 of the workplace rules law requires the application to be accompanied by five copies of the proposed modifications.
4. Are there any states exempt from the modification application process in Section 10 of the Industrial Employment Act?
Yes, Section 10 of the Industrial Employment Act states that sub-section 2 does not apply to establishments where the appropriate Government is the state of Gujarat or Maharashtra.
Test yourself
Q1.Under Section 10 of The Industrial Employment (Standing Orders) Act, 1946, what exception allows standing orders to be modified before the six-month period expires?
Q2.According to Section 10 of the 1946 industrial law, how many copies of the proposed modification must accompany the application to the Certifying Officer?
Q3.Under Section 10 of The Industrial Employment (Standing Orders) Act, 1946, if an application for modification is based on a mutual agreement, what additional document must be filed?
Q4.Which two state governments are specifically mentioned in Section 10 of the 1946 Act as making sub-section (2) inapplicable to certain industrial establishments?
Q5.Read Section 7 and Section 10 of The Industrial Employment (Standing Orders) Act, 1946. If rules become operational on September 1 under Section 7, and no agreement is reached with workers, what is the earliest date an employer can unilaterally apply to modify them under Section 10?