Section 5. Certification of standing orders.

(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 AMENDMENT

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]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 2

1. 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.
2. Subs. by the A.O. 1950, for “all the Provinces of India”.
3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 (w.e.f. 1-9-1971).
4. Subs. by Act 16 of 1961, s. 2, for sub-section (3).
5. Second proviso omitted by Act 39 of 1963, s. 2 (w.e.f. 23-12-1963).
6. Ins. by s. 2, ibid. (w.e.f. 23-12-1963).

Page 3

1. Subs. by Act 39 of 1963, s. 3, for cl. (a) (w.e.f. 23-12-1963).
2. Subs. by the A.O. 1950, for “Federal railway”.
3. Added by Act 18 of 1982, s. 2 (w.e.f. 17-5-1982).
4.Subs. by Act 16 of 1961, s.3, for cl. (c).
5.Subs. by s. 3, ibid.,“for clause (e) of sub-clause (1) of section 9 of Factories Act, 1934 (25 of 1934)”.
6. Subs. by s. 3, ibid., for sub-clause (ii)

Page 4

1. Subs. by Act 18 of 1982, s. 2 for cl. (i) (w.e.f. 17-5-1982).

Page 5

1. Subs. by Act 36 of 1956, s. 32 for “shall not be the function” (w.e.f.17-9-1956).
2. Subs. by Act 18 of 1982, s. 3, for “Any person” (w.e.f. 17-5-1982).
3. Subs. by Act 16 of 1961, s. 4, for “twenty-one days”.

Page 6

1. Ins. by Act 18 of 1982, s. 4 (w.e.f. 17-5-1982).

Page 7

1. Subs. by Act 36 of 1956, s. 32, for sub-section (2) (w.e.f. 17-9-1956).
2. Certain words omitted by Act 39 of 1963, s. 4 (w.e.f. 23-12-1963).
3. Ins. by s. 4, ibid. (w.e.f. 23-12-1963).
4. Ins. by Act 18 of 1982, s. 5 (w.e.f. 17-5-1982).

Page 8

1. S. 11 renumbered as sub-section (1) thereof by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
2. Subs. by Act 18 of 1982, s. 6, for “sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898)”(w.e.f. 17-5-1982).
3. Ins. by Act 39 of 1963, s. 5 (w.e.f. 23-12-1963).
4. Ins. by s. 6, ibid. (w.e.f. 23-12-1963).

Page 9

1. Subs. by Act 18 of 1982, s. 7, for “a Metropolitation Magistrate or Judicial Magistrate of the second class” (w.e.f. 17-5-1982).
2. Ins. by Act 36 of 1956, s. 32 (w.e.f. 10-3-1957).
3. Ins. by Act 18 of 1982, s. 8 (w.e.f. 17-5-1982).
4. Subs. by Act 39 of 1963, s. 7, for s. 14A (w.e.f. 23-12-1963).

Page 10

1. Ins. by Act 16 of 1961, s. 6.
2. Subs. by Act 18 of 1982, s. 9, for certain words (w.e.f. 17-5-1982).