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Dear All,
Regarding applicability & Mandetoriness of Certification please refer as per Sec 3 of IESOAct. employer shoukld submit the SO however in case of non submission Sec. 12 applies.
As per Sec. 12-A. Temporary application of model standing orders.--(1) Notwithstanding anything contained in Sections 1 to12, 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 13-A 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.]
so regarding Maharashtra please chek the State Rules & provisions of Bombay Industrial Relations Act, 1946.
Regarding registration/Certification of SO it will be better to get it registered/ Certified.
Regards,
Saquib
09272990869
From India
Regarding applicability & Mandetoriness of Certification please refer as per Sec 3 of IESOAct. employer shoukld submit the SO however in case of non submission Sec. 12 applies.
As per Sec. 12-A. Temporary application of model standing orders.--(1) Notwithstanding anything contained in Sections 1 to12, 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 13-A 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.]
so regarding Maharashtra please chek the State Rules & provisions of Bombay Industrial Relations Act, 1946.
Regarding registration/Certification of SO it will be better to get it registered/ Certified.
Regards,
Saquib
09272990869
From India
There is no Model standing order specifically for each industry be it a service industry or a manufacturing industry and so on. There is one Model Standing Order and this can be easily accessed and downloaded from the Internet. Try it out and you will find the experience rewarding.While applying it, you cannot change it to suit your convenience. It has to be applied in letter and spirit as it is. But it is eminently usable as it is.
From India, Madras
From India, Madras
Dear Friends,
Whether to get SO certified or not has always been issue of debate & different people have different opinions.
Firstly if we just keep issue of certification aside & think logically then : Why concerned authorities have taken so much of efforts in making the act & also including model standing orders in it? If any company does not want any change in the model standing order & wants to follow as it is why they should get it certified?
Now coming to legal aspects
In Maharashtra & Gujarat there has been amendment & after words Standing Order, words or Model standing orders together will all amendments have been added. I have written communication from Assistant Labour Commissioner of Thane district Please see the attachment.
I am not aware of such amendment in other states.
If anyone has any further in put
/information please share it.
Best Regards,
Shrinkar
From India, Mumbai
Whether to get SO certified or not has always been issue of debate & different people have different opinions.
Firstly if we just keep issue of certification aside & think logically then : Why concerned authorities have taken so much of efforts in making the act & also including model standing orders in it? If any company does not want any change in the model standing order & wants to follow as it is why they should get it certified?
Now coming to legal aspects
In Maharashtra & Gujarat there has been amendment & after words Standing Order, words or Model standing orders together will all amendments have been added. I have written communication from Assistant Labour Commissioner of Thane district Please see the attachment.
I am not aware of such amendment in other states.
If anyone has any further in put
/information please share it.
Best Regards,
Shrinkar
From India, Mumbai
Model Standing Orders can not be applied indefinitely. Its application is intended only to be as a stop gap arrangement until the Standing Orders of the establishment are certified. As per section 3 of the IESO Act, an establishment to which this Act applies, is required to submit its draft Standing Orders to the Certification Officer within six months. This Act also defines Industry quite elaborately. According to the definition, an establishment defined as an industrial establishment in clause (ii) of Section 2 of the Payment Of Wages Act shall be an industrial establishment under the IESO Act. Now have a look at what does the POWs Act says.
" Any other establishment or class of establishments which the Central Government or a State Government may , having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstance, specify, by notification in the Official Gazette " ````` as an industrial establishment.
One will, therefore have to check up with the Labour Department of the particular State to ascertain whether or not a news paper agency is an industrial establishment in that State /Region.
From India, New Delhi
" Any other establishment or class of establishments which the Central Government or a State Government may , having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstance, specify, by notification in the Official Gazette " ````` as an industrial establishment.
One will, therefore have to check up with the Labour Department of the particular State to ascertain whether or not a news paper agency is an industrial establishment in that State /Region.
From India, New Delhi
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PROCEDURE FOR STANDING ORDER CERTIFICATION.d oc
Electronics & Information Technology Goods (Requirements for Compulsory Registration) Order, 201.pdf