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Industrial Employment (Standing Orders) Act, 1946 · The industrial employment (standing orders) act, 1946

Section 5: Certification of standing orders

The Industrial Employment (Standing Orders) Act, 1946 was repealed and replaced by the Industrial Relations Code, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.

(1) On receipt of the draft under section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.

(2) After giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act, and shall make an order in writing accordingly.

(3) The Certifying Officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen.

State amendments to this section

Karnataka Amendment of section 5.-In section 5 of the principal Act, in sub-section (1), for the word and the figure “section 3”, the words, brackets and figure “sub-section (5) of section 3” shall be substituted. [Vide Karnataka Act 12 of 2014, s. 4]

Maharashtra Amendment of section 5 of Act XX of 1946.—In section 5 of the said Act,—

(a) in sub-section (1),—

(i) after the words "as may be prescribed", insert "or the employer, as the case may be", and after the word "workmen" where it occurs for the third time, insert "or employer";

(ii) for the words "draft standing orders", substitute the words "draft amendments".

(b) in sub-section (2),—

(i) after the words "giving the employer", insert "the workmen submitting the amendments";

(ii) delete the words "or addition to";

(iii) for the words "the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act", substitute "the draft submitted under sub-section

(1) of section 3 is necessary".

(c) in sub-section (3),—

(i) for the words "certify the draft standing orders", substitute "certify the draft amendments";

(ii) for the words "certified standing orders", substitute "model standing orders together with copies of the certified amendments thereof".

(d) in the marginal note, for the words "standing orders", substitute the word "amendments". [Vide Bombay Act XXI of 1958, s. 9]

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 5