Page 113 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes 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.
11. Certifying officers and appellate authorities to have powers of Civil Court:
(1) Every Certifying Officer and appellate authority shall have all the powers of a Civil
Court for the purposes of receiving evidence, administering oaths,, enforcing the
attendance of witnesses, and compelling the discovery and production of documents,
and shall be deemed to be a Civil Court within the meaning of [Sections 345 and 346
of the Code of Criminal Procedure, 1973 (2 of 1974)]
(2) Clerical or arithmetical mistakes in any order passed by a Certifying officer or
appellate authority, or errors arising therein from any accidental slip or omission
may, at any time, be corrected by that Officer or authority or the successor in office
of such officer or authority, as the case may be.
12. Oral evidence in contradiction of standing orders not admissible: No oral evidence having
the effect of adding to or otherwise varying or contradicting standing orders finally
certified under this Act shall be admitted in any Court.
12A. 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.
Section 12-A.–Where there are two categories of workmen, one in respect of the daily
rated workmen and the other in respect of the monthly rated workmen, if there are
certified standing orders in respect of the daily rated workers only, the prescribed model
standing orders should be deemed to have been adopted for those who are employed on
the monthly basis until such categories have their own certified standing orders,
13. Penalties and procedure:

(1) An employer who fails to submit draft standing orders as required by Section 3 or
who modifies his standing orders otherwise than in accordance with Section 10,
shall be punishable with fine which may extend to five thousand rupees, and in the
case of a continuing offence with a further fine which may extend to two hundred
rupees for every day after the first during which the offence continues.
(2) An employer who does any act in contravention of the standing orders finally
certified under this Act for his industrial establishment shall be punishable with
fine which may extend to one hundred rupees, and in the case of a continuing
offence with a further fine which may extend to twenty-five rupees for every day
after the first during which the offence continues.
(3) No prosecution for an offence punishable under this section shall be instituted
except with the previous sanction of the appropriate Government.

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