Page 114 - DMGT516_LABOUR_LEGISLATIONS

Unit 5: The Contract of Employment

(4) No Court inferior to that of [a Metropolitan or Judicial Magistrate of the second Notes
class] shall try any offence under this section.
13A. Interpretation, etc., of standing orders: If any question arises as to the application or
interpretation of a standing order certified under this Act, any Employer or workman [or
a trade union or other representative body of the workmen] may refer the question to any
one of the Labour Courts constituted under the Industrial Disputes Act, 1947, and specified
for the disposal of such proceeding by the appropriate Government by notification in the
Official Gazette, and the Labour Court to which the question is so referred shall, after
giving the parties an opportunity of being heard, decide the question and such decision
shall be final and binding on the parties.
13B. Act not to apply to certain industrial establishments: Nothing in this Act shall apply to an
industrial establishment in so far as the workmen employed therein are persons to whom
the Fundamental and Supplementary Rules, Civil Services (Classification, Control and
Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service
Regulations, Civilians in Defense Service (Classification, Control and Appeal) Rules or
the Indian Railway Establishment Code or any other rules or regulations than may be
notified in this behalf by the appropriate Government in the Official Gazette, apply.
14. Power of exempt: The appropriate Government may by notification in the Official Gazette
exempt, conditionally or unconditionally any industrial establishment or class of industrial
establishments from all or any of the provisions of this Act.

14A. Delegation of powers: The appropriate Government may by notification in the Official
Gazette, direct that any power exercisable by it under this Act or any rules made thereunder
shall, in relation to such matters and subject to such conditions, if any, as may be specified
in the direction, be exercisable also–
(a) where the appropriate Government is the Central Government, by such officer or
authority subordinate to the Central Government or by the State Government, or
by such officer or authority subordinate to the State Government, as may be specified
in the notification;
(b) where the appropriate Government is a State Government, by such officer or
authority subordinate to the State Government, as may be specified in the
notification.
15. Power to make rules:

(1) The appropriate Government may after previous publication, by notification in the
Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may:
(a) prescribe additional matters to be included in the Schedule, and the procedure
to be followed in modifying standing orders certified under this Act in
accordance with any such addition;
(b) set out model standing orders for the purposes of this Act;

(c) prescribe the procedure of Certifying Officers and appellate authorities;
(d) prescribe the fee which may be charged for copies of standing orders entered
in the register of standing orders;

(e) provide for any other matter which is to be or may be prescribed;

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