I would like to inquire about the procedure for certifying the Standing Order from both the Employer and Trade Union perspectives. Furthermore, in the event of any amendments post-certification, what is the prescribed procedure?
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From India, Delhi
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From India, Delhi
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Section 5 of the Standing Orders Act
Certification of standing orders:
(1) Upon receipt of the draft under Section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen. Where there is no such trade union, or where there is no trade union, to the workmen in such a manner as may be prescribed. This should be done together with a notice in the prescribed form requiring objections, if any, that 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 to be 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. He shall then make an order in writing accordingly.
(3) The Certifying Officer shall certify the draft standing orders thereafter, after making any modifications therein which his order under subsection (2) may require. Within seven days thereafter, he shall send copies of the certified standing orders authenticated in the prescribed manner and of his order under subsection (2) to the employer and to the trade union or other prescribed representatives of the workmen.
From India, Mumbai
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429Certification of standing orders:
(1) Upon receipt of the draft under Section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen. Where there is no such trade union, or where there is no trade union, to the workmen in such a manner as may be prescribed. This should be done together with a notice in the prescribed form requiring objections, if any, that 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 to be 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. He shall then make an order in writing accordingly.
(3) The Certifying Officer shall certify the draft standing orders thereafter, after making any modifications therein which his order under subsection (2) may require. Within seven days thereafter, he shall send copies of the certified standing orders authenticated in the prescribed manner and of his order under subsection (2) to the employer and to the trade union or other prescribed representatives of the workmen.
From India, Mumbai
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PROCEDURE FOR STANDING ORDER CERTIFICATION.d oc
Industrial Employment Standing Orders Act 1946.pdf