 the industrial employment (standing orders) amendment bill, 1960(as introduced in lok sabha on 22nd november, 1960)  ':00 ths industrial r~hployment (stm'iding ordh:rs) am~nnment bill, 1960 <:j'q be/as introduced in lok sabha)1 page 1, line 8,-for" cst abli 3h mr!ntt tn ;:ld ii,] stabli shment n 2 page 2, in cl(lu8"! 5,-in the mnrgir: '11 he1'ung to new sl;ction 14a, fo r ''0'' 1:80d "of" 3 page 7, agflinst jille '1,-fq! "1234 ii r(! ;:c; "1934" new df[, hi, november 17, 1960 karti ka 26, 1882 tgaka)  nib industrial employment (standing orders) amendment bill, 1960 (as introduced in lok sabha) a billfu,rthe-r to amend the industrial employment (standing ordets) actl 1946 be it enacted by parliament in the eleventh year of the republic of india as follows:-1 this act may be called the industrial employment (standing short title orders) amendment act, 1960 s 2 in section 1 of the industrial employment (standing orders) amei1dmedt 20 of1946 act, 1946 (hereinafter referred to as the principal act), for sub-section of ection j (3), the following sub-section shall be substituted, namely:-10 is  (3) it applies to every industrial establishmen~ wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months: provided that the appropriate government may, after giving not less than two months' notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any industrial establishment employing such number of persons less than one hundred as may be specified in  the notification:  provided further that nothing in this act shall apply to any  industry to which the provisions of chapter vii of the bombay industrial r~lations act, 1946 apply"  bombay a~ ii of 1947 3 in section 2 of the principal act,-(i) for clause (c) ,the following clause shall be substituted, namely:-" (c) 'certifying officer' means a labour commissioner or a regional labour commissioner, and includes any other s officer appointed by the appropriate government, by notification in the official gazette, to perform all or any of the functions of a certifying officer under this act;"; (ii) in sub-clause (i) of clause (d), for the words, letter, brackets and figures 'clause (e) of sub-section (1) of section 910 of the facto~ act, 1934', the words, letter, brackets and a, of 1934· ~-'clwae  ,(j) of sub-section (1) of section 7 of the factories act"i",' ~ be ,s\\bs~ituted; 63 of 1948• (iii) la, clause· (tq,m:~e'(iij,t~mudwing sub- is clause shall be substit\1ted~ namelr:-"(ii) a factory as de1ined in clause (m) of section 2 of the factories act, 1948 ,or"; 63 of 1941· (i1» m sub-clause (i) of clause (i), for the words, brackets mdi:jft~, ''tbe ntvy,(dlmipll«e-) ,m\, 10m",  vnrdlfllft4 34·of 1934' figures "the navy act, 1957'''1iall~ substituted 20 62 ~f '957 amendment'4lh sectioll 6 of the principal act, in sub-seet1on(i) i t(ic the of section 6 words "twenty-one days", the words "thirty days" sh8ll be substitumct insertion of 5 after section 14 of the principal a'm; th!'fottow1ti:g~oh 'aba'tl new aec:tion be-uerted_namely:-:as de1eaation c'!i4k the cemtal' ~fflmi1enttrtay,byno'tffte't1qn !ll '~ of powen o1!t'ehli~te, dl'!·e~ffttat'lmy ~'e~m!i4~'by it 1lht!et thts ~iorl-nle8,:mm1e ~ _iij m ralmta tb sum matters  "iu,_ to  -jit1olls if~y;,'asmay·be , •• lmidjb} the direction, be exe:rdieble &l!bby  oitcer-oor autlmi"~rdi- ~ nate~ th;·c~t:t'a1,gov~i~ ~,-the"stea,  llment or by ijlch,oii~ or auulerlly· inber"te, to tee state'~­·ment, as  may be s~oed in :tbe nqm:lcati • "· amendment ,, in·seetion 15 ofh pttfteipal'l\'m; after' illb-sea1on(2), the ehectioni5· fbll6mwg'1!julj;sooh6n-'slf8ti' be tnlertea, nal'itely:-  (3) every rule made by the centralfiqvenune»t under 'tmsi~'_n,tsetala as bn'n riuly ~,~ tt ~'mif~, before a:dil hbuse·~f pirlf8meftt wttne ltis 'tn '8m!tm fo'r a 'total period of thirty days whiq1,lwaybet'(rit)pt1sed,'th' otte'se!tdoll or in two succellsive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both ho~~ in ~'-q¥'~~'fn'the rule or both how!es agree that the rule shauld not be l'jl8de, tpe ni-,le s !d14ii thereafter' have- i 'eftec;t only' in sllch' modift'eid f(lnn or be  of  no e~, as the gase' may be; so' 'however that any 'web tn~~tion  ()r~nutrn'ent ~au be without pre-judice to' the validity of a:nyth1ng' ,r~iouslydone' urtcmr' that· ruie~'  statement of objects and reasonsthe industrial employment (standing orders) act, 1946 at present applies to establishments employing 100 or more worianen in order to widen the coverage of the act it is proposed to empower the central government to extend its provisions to industrial establishments employing less than 100 persons after giving them not less than two months' notice of its intention so to do it is also proposed to provide for the appointment of additional certifying officers to ensure that the work of certifying standing orders is not unduly held up 2 section 6 (1) <1f the act which provides for a period of 21 days for filing an appeal is proposed to be amended to provide for a limit of thirty days, as the present time limit has been found to be rather short 3 opportunity has also been taken to amend the act so as to empower the central government to delegate any of its powers a~ the "appropriate government" to state governments whenever considered necessary few other formal amendments in the act have also been made g l nanda new dam:; the 22nd october, 1960  financial memorandumclause 3 of the bill enables the central government to appoint any other officer to perform the functions of a certifying officer under the act it is proposed to appoint conciliation officers (central) as certifying officers such appointments will not involve any additional expenditure - - - - - - short title :tedt an4 appjicatioa 1 - - - - - - - - - - - (3) it applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months, and to such class or classes of other industrial establishments as the appropriate government may from time to time, by notification in the official gazette, specify in this behalf: provided that nothing in this act shall apply to any industry to which, before the commencement of this act, the provisions of chapter v of the bombay industrial disputes act, 1938, have been born 2' of applied 1'38  - - - - - - - - - - - - - - - - - - (c) "certifying officer" means the labour commissioner wherever he exists, or in his absence an officer appointed by the appropriate government by notification in the official gazette to exercise in such area as may be specified in the notification the functions of a certifying ofllcer under t'j,!-act; (d) "employer" means the owner of an industrial establislunent to which this act for the time being appljes, and include&-(i) in a factory, any person named under clause (e) of sub-eection (1) of section 9 of the factories act, 1934, as as of 1'34-manager of the factory; - - - - - - (e) "industrial establishment" means-- - - - - - (u) a factory as defined in clause (j) of section 2 of the factories act, 1934, or - - - - - - (i) - - - - - - - - - - - 46 of 1950-45 of 1950 34 of 1934· (i) who is subject to the army act, 1950, or the air force act, 1950, or the navy (discipline) act, 1934; or - - - - - - 6 (1) any person aggrieved by the order of the certifying appeals officer under sub-section (2) of section 5 may, within twenty~ne ~8frgm t)fe date on wh~ cgpies are sent under81ib--secfioll (3) of that section, appeal to the appellate authority, and the ,appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the certifyink officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing- orders certifiable under this act - - - - - - a bill further to amend the industrial employment (standing orders) act, 1946 the president has, in pursuance of clause (3) of article 117 of the constitution of india, reconunended to lok sabha the consideration of the bill m n kaul, secretary (shri gulzanlal nanda, minister of labour and employmmt) 