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Section 1, Industrial Employment (Standing Orders) Act 1946: Short Title, Extent & Application

The contents of the "Section 1 - Short title, extent and application" of the "Industrial Employment (Standing Orders) Act, 1946" is reproduced hereunder:—

“(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.”




Extra Notes for Readers

(1) History of the Act.- The Act has been amended by the Indian Independence (Adaptation of Central Acts and Ordinances ) Order, 1948; The A.O. 1950; Act 3 of 1951; Act 36 of 1956; Act 16 of 1961; Act 39 of 1963; 51 of 1970 and 18 of 1982.

(2) Object of the Act.- That the object of the Act is to have uniform Standing Orders providing for the matters enumerated in the Schedule to the Act, that it was not intended that there should be different conditions of service for those who are employed before and those employed after the Standing Orders came into force and finally, once the Standing Orders come into the force, they bind all those presently in the employment of the concerned establishment as well as those who are appointed thereafter.

(3) Imp. Case Laws.-
Agra Electric Supply Co. Ltd. vs. Sri Aladdin & Ors, (1969) 2 SCC 598;
United Provinces Electric Supply Co. Ltd. vs. Their Workman, (1972) 2 SCC 54.

(4) This Act has been extended to—
(i) Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Sch. (ii) Pondicherry by Regulation 7 of 1963, s. 3 and the Sch. I (w.e.f. 1-10-1963), and (iii) the whole of the Union territory of Lakshadweep, vide Reg. 8 of 1965, s. 3 and the Sch.

The Act has been amended in its application to—
(i) Maharashtra by Maharashtra Act 54 of 1974. (ii) Mysore by Mysore Act 37 of 1975. (iii) Madras by Madras Act 24 of 1960, and (iv) Andhra Pradesh by A. P. Act 9 of 1969.

(5) In sub-section (2), the words "the whole of India except the State of Jammu and Kashmir" were substituted for “all the Provinces of India” by the A.O. 1950.

Later, the words “except the State of Jammu and Kashmir” were omitted by Act 51 of 1970 (w.e.f. 1-Sep-1971).

(6) Sub-section (3) was substituted by Act 16 of 1961. 

(7) Second proviso to sub-section (3) was omitted by Act 39 of 1963 (w.e.f. 23-Dec-1963).

(8) Sub-section (4) was newly inserted by Act 39 of 1963 (w.e.f. 23-Dec-1963).






This page was last updated on 31st December, 2017.

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