TAMIL NADU INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1947 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:-- 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.]. (2) In cases where a group of employers in similar industrial establishments propose 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. 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,
2[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 workman 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 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. 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 in 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 he 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. 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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