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The Andhra Pradesh Industrial Employment (Standing Orders) Rules, 1953

The Andhra Pradesh Industrial Employment (Standing Orders) Rules, 1953


1.  (1) These rules may be called the Andhra Pradesh Industrial Employment (Standing Orders) Rules, 1953,

    (2) They extend to all the whole of Andhra Pradesh.


2. In these rules, unless there is anything repugnant in the subject or context :
        
           (a) ‘Act’ means the Industrial Employment (standing Orders) Act, 1946,

           (b) ‘Form’ means a form set out in Schedule II appended to these rules.

           (C) “Words and expressions” used in these rules but not defined shall have the meaning assigned to them in the Act.


3.       (1), the Model Standing Orders for the purposes of the for application to the industrial establishment, shall be those set out in Schedule I.

          (2) The Model Standing Orders for the purposes of the Act for application of the Working Journalists, shall be those set-out in Schedule I – A.


4. Application for certification of standing orders shall be made in Form A.


5. The draft standing orders submitted to certifying officer shall purposes of sub-section (3) of Section 3 of the Act be accompanied by a statement in Form ‘B’ given the following particulars in respect of the workmen employed in the industrial establishment :-

               (1) Name of the establishment :

               (2) Number of the workmen (classified into men, women and children) employed under the following categories :-

                          (a) Skilled

                          (b) Unskilled

                          (c) Clerical

                          (d) Others, if any

                          (e) Total

        (3) Number of workmen classified to

                          (a) Permanent

                          (b) Temporary

                          (c) Casual

                          (d) Badli or substitute


6.          (a) Five copies of the Draft Standing Order which an employer proposes to adopt for his industrial establishment shall be forwarded by registered post to the certifying officer.

             (b) A group of employers in similar industrial establishment may submit a joint draft of standing orders. Provided that five times as many copies of the draft shall be made as the number of industrial establishment to which the joint draft is to apply.

            (c) Such joint draft shall be accompanied by statements prescribed by Rule 5 in respect of each of the industrial establishment.


7. On receipt of the standing Orders submitted by an employer the certifying officer, shall as soon as practicable-

            (i) Cause copies thereof together with notice in Form ‘C’ to be affixed on the notice board of the industrial establishment concerned for the information of the workmen of the said establishment, and

           (j) Shall forward by registered post copies of the draft sanding orders and of the notice in Form ‘C’ together with notice in Form ‘D’ to the trade union or unions named by the employer in the statement submitted by him in From ‘B’ and to any other trade union or unions which in the opinion of the Certifying Officer are concerned with the establishment.


8.       (1) where there is no trade union in an industrial establishment, the Certifying Officer shall cause a meeting of the workmen to be held on a date fixed by him for the purpose, for the election of four representatives of the workmen concerned from among themselves.

         (2) The Citifying Officer may require the employer or an officer of the industrial establishment to display a notice of the date, time and place of the meeting in a prominent place at or near the main gate of the establishment.

         (3) The meeting shall be convened, and presided over by the certifying officer or such person as certifying officer may by special or general orders specify for the purpose.

        (4) The workmen declared elected at the meeting by the person presiding shall be the representatives of the workmen for the purpose of the Act and these rules, to whom the certifying officer shall forward a copy of the draft standings and of the notice in Form ‘C’ together with notice in Form ‘D’.


9. The standing order certified by the certifying officer of the appellate authority shall be authenticated by affixing thereto the signature and the seal of office of the certifying officer or the appellate authority as the case may be. The standing orders shall be forwarded by registered letter post.


10. The register of standing orders required to be maintained under Section 8 shall be in Form ‘E’.


[11. A copy of the certified Standing Orders under Section 8 of the Act may be obtained by any person from the Certifying Officer by presenting copy stamped papers of forty paise for every hundred words or fraction thereof.]


12.      (1) Any person desiring to prefer an appeal against an order of the Certifying Officer shall draw up a Memorandum of Appeal setting out the grounds of appeal and forward it to the Appellate Authority in quadruplicate, accompanied by a certified copy of the standing orders.

          (2) The Appellate Authority shall after giving the appellant an opportunity of being heard, unless it comes to the conclusion that the decision of Certifying Officer is contraty to law or otherwise erroneous, confirm the standing orders as certified by him.


         (3)Where the Appellate Authority does not confirm the standing orders it shall fix a date for the hearing of the appeal and direct notice thereof to be given:-


        (a) Where the appeal is field by the employers of workmen, to trade unions of the workmen of the industrial establishment and where there are no such trade unions to the representatives of workmen elected in accordance with the provisions of Rules 8, or

       (b) Where the appeal is filed by a trade union, to the employer and all other trade unions of the establishment, or

      (c) Where the appeal is filed by the representative of workmen to the employers.

     (d) The appellant shall furnish the each of the respondent with a copy of the memorandum of appeal.

(4) The Appellate Authority may at any stage call for any evidence it considers necessary of the appeal.

(5) On the date fixid under Rule 3for the hearing of the appeal the authority shall take such evidence as it may have called for and considers to be relevant.


12-A. (1) Files relating to the appeals prepared under the Act shall be preserved for three years.

          (2) After the expiry of the said period of three years, the records may be destroyed either by treating or by burning in the presence of the Assistant Commissioner of Labour, provided, however, that records of secret of 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 certifying officer thinks it fit.


13. The following additional matters shall be included in the Schedule to the Act after items 1 and 7 thereof respectively, namely:-

“1-A. Workman’s tickets and registers.

7-A. Closing and re-opening of the entire industrial establishments or departments thereof and liabilities of the employer and workmen arising departments thereof and liabilities of the employer and workmen arising therefrom”


14. The Madras Industrial Employment (Standing Orders) Rules, 1947, are hereby repealed but such repeal shall not affect the provisions operation of the said rules and anything done or any action taken thereunder shall be deemed to have been done or taken under these rules.


[15. The Madras Industrial Employment (Standing Orders) Rules, 1947 as in force in the State of Madras, in their application to the territories specified in the first Schedule to the ‘Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959) are hereby repealed

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