BHARATIYA CHA PARISHAD

 

ASSAM BRANCH,                                                                                                                                                            HEAD Office

JALANNAGAR, DIBRUGARH.                                                                                                                                          Ballygunge Circular Road

62, CACHAR BRANCH, Silchar.                                                                                                                                     Calcutta-19

Certified by The Certifying Officer and Labour Commissioner,Assam Shillong on 27th July/, 1963

 

DRAFT STANDING ORDER OF BHARATIYA CHA PARISHAD

Section" A"

(1) Application and Scope : The Management and the Workmen engaged in an estate are the subject to the following "Standing orders" regulating conditions of service which shall come into force in accordance with section 7 of the Industrial employment (Standing orders) Act. 1946

(2) Rules.  Regulation and notice subject to the provisions of the Industrial Employment (Standing Orders) Act 1946. and to the conditions laid down in those Standing Orders, the Management may formulate such rules and regulations and post such notices, as it may from for the smooth working of the Estate. These Rules, Regulations or Notices may apply to the whole or to any Section or Sections of the works, and every workmen shall obey the rules and regulations applying to his section.

(3) Method of posting: Notices required by these orders shall be sufficiently given, if posted on the notice boards maintained for such purposes and or under posting certificate of by peon if the workmen is absent.

(4) Amendment: The Management may form time to time amend these orders in  accordance with the provisions of the Industrial Employment (Standing Orders) Act. 1946 or any amendment thereof.

(5) Interpretation: In all disputes regarding the interpretations of these "Standing Orders' only the English Text should be considered as being authentic.

Section 'B'

Definition and Classification of Workmen:- In these orders unless there is anything repugnant to the subject or context:-

(a) 'Management' or 'Employer' shall mean......    .......... in respect of their estate situate at................    .............   ................

(b) "Manager" shall mean the person for the time being managing the establishment or Estate or any body behalf under the F. Act. 1948.

(c) Singular shall apply plural where relevant, vice-versa.

(e) "Workmen" means any person employed in the Estate who comes under the definition of workmen as defined in the Industrial Employment (Standing Orders) Act.

(f) "Workman " shall be classified as follows:-

(1) Permanent

(2) Probationers

(3) Temporary

(4) Casual

(5) Apprentices

(i) A "Permanent" workmen is a worman who has been engaged on a permanent basis and includes any person who has been confirmed as such  after completion of a probationary period of six-months in the same or another occupation in Estate, including breaks due to sickness, accidents, leave, lockout, strike (not being an illegal strike) or involuntary closure of the Estate. No workmen shall be deemed as permanent unless he has been giving a letter of confirmation that he has been made permanent after the expiry of his probationary period.

(ii) A "probationer" is a workmen who is provisionally employed to fill a permanent vacancy in a post and has not completed six months service therein. If a permanent employee is employed as a probationer in a new post, he may at any time during the probationary period be reverted to his old Permanent post. A probationer shall ordinarily be confirmed as a permanent workmen on completion of six month service. If, however, a probationer is found not satisfactory or suitable, he may either be discharged without any notice or his probationary period of six month on the expiry of which he should either be made permanent or discharged, as the case may be.

(iii) A "Temporary" workmen is one who is engaged for a work is essentially of a temporary character, or who is engaged temporary as an additional workmen in connection with work of a permanent character.

(iv) A "Casual" workmen is a workman whose employment is of a casual nature.

(v) An "Apprentice" is a learner who may be paid an allowance during the period of his training.

(vi) "Notice" means a notice in writing required to be given or posted for purposes of these Standing Orders. Notice by the Management posted on the Notice Board of the garden, unless specifically mentioned otherwise herein below will be trended as service of  Notice on the workmen.

Section "C"

 Appointment of workmen and

 Termination of Service:-

(a) Appointment of Workmen :-Workmen shall at the time of appointment complete and sign there Appointment Form (Prescribed in this behalf) mentioning his address. and shall thereafter notify any change of address.

(b) Termination of Service:-

(1) Service of workmen may be terminated by either party by giving appropriate notice as provided hereinafter.

(2) For terminating employment a notice shall be given in writing either by the employer of by the workmen for the period noted below: In case of permanent workmen, and apprentices, one month's notice shall be necessary. No Notice shall be necessary in the case of probationer or temporary or casual workman.

(3) Where the employment of any workmen is terminated, all waged earned and unpaid shall be paid to him at the time of discharge, of convenient, but in any case within the period of time prescribed by the payment of Wages Act. 1936

(4) In case of general retrenchment, closing down of a Department or Departments, or termination of service as a result of strikes, a general notice in writing posted on the Notice board on the Estate Gate shall be sufficient notice to individual workmen concerned.

(c) Certificate of Service:- Each permanent workman shall be entitled to a service certificate at the time of leaving service discharge or retirement at the discretion of the authorities concerned, but not if it is the result of participation in illegal strike.

(d) Retirement:- A workmen shall be retired form the service of the Estate on completing the age of 55 years unless his period of service is extended in writing by the Estate at its sole discretion.

 

Section 'D'

Employer's Obligations

(a) Publication of working hours:

(i) Notice showing the period and hours of work for all  classes of workers in thee Estate and for each shift shall be displayed in English and in the principal language of the local area on the Notice Board at the office and Factory.

(ii) Shift working:- Hours of shift working in the factory Shall be regulated according to the Factories Act. Workmen shall be liable to be transferred form the Factory to be field work and vice of manufacture of cultivation.

(b) Public Holidays and Pay days:

I. Notices shall be posted on the Notice Board, maintained in this behalf specifying:-

(i) The days observed by the Estate as holidays with  or without pay.

(ii) Pay-days as required by the Payment  of wage Act, as early Practicable at the Time Keeper Office or the main entrance of the Estate.

II. List of Festival Holidays as permissible under Plantation Labour Act for the time will be published as early as practicable each year after consultation with workmen concerned.

III. Wage rates (both ticca and piece rates) as payable under the wages Acts for time to time to al cases of workmen for all classes of work shall be prominently displayed on the Notice Board within the Estate premises.

IV. Unclaimed Wages:- Any wages due to a workmen but not paid on the usual pay day on account of being unclaimed shall be paid by the employer on such unclaimed wages pay day as may be notified.

V. Notice required under the Standing Orders:- Notice posted on the Notice Board maintained on this behalf will be deemed to be proper serviced of the notice as required under these standing orders.

Housing Accommodation and Land for Cultivation:-

(a) Permanent workers and their immediate dependants shall be entitled to occupy rent free quarters provided by the Estate during the period of and as an incidence to their employment.

(b) Complaint:- The Manager will be available personally to receive complaints form any worker who feels himself aggrived owing to alleged unfair treatment, wrongful exaction, withholding of dues etc. In the event of a worker not being satisfied with the adjudication of the manager, the grievance to the Government District Officers or to Government Labour Officers. This shall be without prejudice to any rights of redress workmen may have under existing law for the time in force.

 

Section 'E'

Identification, Entry, Exit and Time Keeping:-

1. Every workmen will be provided with a token badge or other means of identification, as approved by the Employer, which shall be carried on his person and shall be produced at all times when the workman is called upon to do so by any Officer of the estate. It must be surrender at the time of going on leaves the service of the Estate.

2. all workmen shall enter or leave the Factory premises by the Gate or Gates specified or fixed for this purpose, During working hours factory Gates may be closed at the discretion of the Management or Manager. Workmen shall not be permitted to leave the factory premises without a Pass- out-slip. The workmen are liable to be searched at the time of entering or leaving the Factory and at

other times while on duty by any person authorised by the Management , provided that such searches shall be conducted in the presence of at last two witness where practicable, NO female worker shall be searches except by thr presence of another women.

3. The Manager may be written or printed notification posted at the Office and/or Factory debar any worker, workers or class of workers form entering any prescribed part or parts of the Factory, Hospital or Bunglow premises. One such notification shall provide  for visiting hours at the hospital.

4. All workmen shall report themselves for work at the exact time notified for the purpose. If any workman is late he shall be permitted to enter the Factory or plantation upto half an hour after  the notified time and pay for the half hours work shall be deducted from his wages subject to a period of grace of 10 minutes on a single day or 5 minutes on two separate days in a week, after the notified time.

5. Any workmen who is more than half an hour late shall not be pertrmitted to enter the Factory or plantation unless special permission has been granted by  the Manager and then he shall only be paid form the half hour or the next hours following his time of entry. A workmen found absent during working hours form his proper place without permission or without sufficient reason will be treated as absent and reduction in accordance with the payment of Wages Act. These provisions are without prejudice to the Employers right take disciplinary action provided for under these Standing Orders, hereunder.

 

Section 'F'

Leave, Holidays And Absence:

(1) Grant of leave to a workman shall depend on the exigencies  of the work of the Estate and shall be at the discretion of the Manager and during  the Tea harvesting period Management will have the right to refuse leave even thought the same may be due to the workman concerned.

(2) Leave with pay will be Allowed as provided for under the Factories Act, 1948, and under the Plantation Labour Act, 1951 as the case may be, other holidays, for ample, Festival Holidays, will be allowed with law, contract, custom and usage.

(3) Application for leave shall be made on the prescribed form at least 15 days prior to the date form which the leave is to start. Due consideration will be given urgent cases caused by unforeseen circumstances.

4) The Manager or any authorities person such application within 7 days of the presentation of such application or two days prior to the commencement of the leave applied for , whichever is earlier, and incase of urgent nature in which the applied for its commence on the day of the submission or within three days thereof, the order shall be given on the same day.

(5) If the leave asked for is granted it shall be  entered in the leave book as prescribed in the plantation Labour Rules. If the leave is refused or postponed the fact of such refusal or postponement and the reason thereof shall be recorded in writing in the Register maintained for the purpose and  a copy of the entry in the Register shall be supplied to the worker if he desires.

(6) A workmen shall resume work just on the next day his leave expires unless an extension has been sanctioned in writing by the Employer.

(7) If the workmen after proceeding on leave desires an extension thereof he shall apply before the expiry of the leave to the Manager or to his authorised representative, who shall send a written reply either granting or refusing the extension of leave to the workmen if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.

(8) If on account of sickness, accidents, or the like a workmen is unable to resume his duties by the due date, he shall at once notify the employer and, in the event of sickness or accident , furnish a roper medical certificate satisfactory to the Management.

(9) If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment, unless-

(a) He returns within 7 days of the expiry of  the leave, and

(b) Explains to the satisfaction of the Manager his inability to return to work on the expiry of his leave.

 In case the workman loses the lien on his appointment he shall be given preference for re-employment in future.

(10) A workmen who is entitled to casual leave may be granted casual  leave of absence with or without pay, as the case may be not exceeding 10 days in aggregate in a calendar year.

 Such leave  shall not be for more than three days at a time, except in the case of sickness, Ordinarily the previous permission of the Manager or his authorised representative shall be obtained before such leave is taken but when this is  not possible, the Manager or his auhorised representative shall, as soon as practicable, be informed of the reason for absence form duty an for his inability to inform beforehand and the probable duration of such absence.

(11) Sickness, Sick leave, Payment of Sick and attendance allowance and Maternity leave and benefits:-

(i) Any worker who is sick or injured  shall report personally or by message to the Medical Officer or his representative at the Hospital or Dispensary.

(ii) Any worker who is sick or conventional shall be granted sick leave against Medical certificate granted to that effect.

(iii) Any worker who is on sick leave shall be entitled to such rates of sick pay as the Estate may have laid down.

(iv) If the Medical Officer or his representative certify that an attendant or attendants are required fir case of a shall worker, attendance of attendances shall be paid at such rates as the Estate may have laid down.

(v) Maternity leave and benefits shall be granted on a scale not lower than those provided for under the Assam Maternity Benefits Act, 1944 or Statutory modification thereof.

 

Section "G"

Stoppage of work:

(1) The Employer may at any time or times, in the event of fire catastrophe, breakdown of the machinery, stoppage of power supply, epidemic, civil commotion, flood or other cause, whether or a like nature or not, begin beyond the control of Employer, stop any section or sections of the Estate, wholly or particularly, for any period or periods without notice to the workman affected. Lay-off compensation will be paid only when it is payable under Industrial Dispute act, in other cases no lay off period.

(2) The fact of such closure as referred in clause (1) above, shall be published by putting up notices on the Notice Boards in the Section or department concerned and the Time Keepers Office if any, as soon as practicable, notifying  at the same time whether the workman concerned can remain at or leave their place or work. The workman shall ordinarily be not required to remain at the place of work for the stoppage of work as referred to above. Where practicable, reasonable notice shall be given to the workman of the resumption of normal work when work is resumed, shall be given preference for emp-loyment provided they themselves within 8 days of such resumption of work.

(3) The procedure of payment in the event  of workman being laid off for causes mentioned in Sce. 2 (KKK) of I.D. Act, will be regulated in accordance with the provisions of the Industrial Dispute (Amendment) Act. 1953, or any amendment for re-enactment thereof.

(4) The employer may in the event of a strike affecting either wholly or partially such section or departments and any other section or department affected by such closing down. The fact of such  colure shall be notified by notices put on the Notice Boards in the section or Departments concerned and in the Time Keeper's Office, if any , as soon as practicable. The workman concerned shall also be noticed by general notice prior or resumption or work as to when  work will be  resumed. No lay-off compensation will be payable in case of such lay-off.

Section 'H'

Disciplinary Action for misconduct:-

(a) A fine may be imposed on any workmen in respect of an act or omission on his part, in accordance with Section 8 of the Payment of Wages Act, 1936

(b) A workman may be suspended for a period not exceeding three weeks or dismissed; (without notice), or payment of any compensation in lieu of notice, if he is found to be guilty of misconduct at the discretion f the Manager of the Estate.

(c) The following acts and omissions shall be treated as major misconduct:

(i) Wilful insubordination or disobedience, whether along or in combination with others, to any lawful or responsible order of a superior officer.

(ii) Wilful damage to or loss of the employer's goods or property.

(iv) Taking, giving, offering or asking for bribes or any illegal gratification  what so -ever.

(v) Habitual absence without leave. (Notice: A worker to whom three warning have been given to the effect in six months and who still repeats or continues in unauthorized absence form woks, will be deemed to be and habitual absence under the standing Orders).

(vi) Habitual late attendance.

(vii) Habitual breach of any law of  rules or procedure applicable in esta-blishment provided  the same are not in connected with the sprit of standing Orders.

(vii) Riotous or disorderly behavior on the establishment prejudicial to the good running of the establishment or any act subversive of discipline.

(ix) Frequent repetition of any act or omission for which a fine may be imposed.

(x) Collection of money within the factory premises during working hours for purpose not sanctioned by the management.

(xii) Smoking in the factory or godown premises where smoking has been specifically prohibited by a notice to that effect.

(xiv) Refusal to accept a charge sheet, order ot other  communication intended for service on any workmen in accordance with these Standing Orders.

(xv) Participation in slow down strike or wilful and continued of-slow tactics in the performance of the work.

(xvi) Any unauthorised occupation of any quarter belonging to the establish- ment or (any breach of rules regarding occupation of quarters allocated to the workmen in question).

(xvii) Reported disregarded of minore safety instructions.

(xvii) Leaving his normal place of work without permission during working hours.

(xix) Obtaining attempting to form one shift to another or form on resections or department to another or form  one place to another, whether locally or out of station, or form one establishment to same management.

(xxi) Gambling within the factory premises.

(xxiii) Possession of any lethal weapon on the Company's premises without the permission of the Manager.

(xxiv) Cutting or damaging shade trees premises and tea plants.

(d) The following acts and omissions shall be treated as minor misconduct.

(i) Drunkenness or intoxication during working hours.

(ii) Engaging in trade within the factory premises without the premises on of the Management.

(iii) Breach of rules or instruction  (a) for the maintenance or running of any department or (b) for the maintenance of the clealiness of any portion of the factory premises of factory compound.

(iv) Holding meeting or aiding or abetting the holding of meeting within the factory (or during working hours when men should be working inside the Estate).

(vi) Sleeping in the course of duty,

(viii) Committing nuisance on the Factory premises of mazdoor lines except at places specially ear-marked for the purpose.

(ix) Failure to notify the company of any change in address.

(x) Not taking proper care of tools, gauges, jigs, fixtures or drawing etc. entrusted to him.

(xi) Wilful failure to report at one to his foreman or Supervisor or

Manager any defect which a workman may notice in any equipment connected with his work.

(e) No order of dismissal or of suspension as a punishment or of fine, shall be made unless the workmen concerned has been informed in writing of the alleged misconduct and given an opportunity to explain the circumstances alleged against him, and to adduce evidence if any, in his favor. Any explanation given by the workman shall be recorded in writing and the Manager shall also record his reasons if he finds the explanation unacceptable. Only the Manager permanent or acting or any other persons specifically authorised in writing  by the management of the Estate for the purpose shall have the power to dismiss or suspended a workman as punishment.

(f) The Manager may at his discretion suspended a workman pending enquiry into an offence which may merit dismissal. Such order of suspension shall be in writing and may take effect immediately on delivery to the workman. If on enquiry the workman is found guilty of misconduct, he shall be deemed to have been absent for the  period of suspension and shall not be entitled to any remuneration for the period. If however, he is found not guilty, he shall be deemed to have been on duty during the period of suspension and shall be entitled to full pay and allowances for the period less any subsistence allowance already  paid,

(g) In awarding punishment under this Standing Orders, the Manager shall take into account the gravity of the misconduct, the previous record, if any, of the workman, and any other eztcnuation or aggravating circumstanced that may exist.

Section 'I'

 Exhibition of standing orders & Liability of Manager:

(1) A copy of the above orders in English and in the language of hr local area shall  be posted at the Manager's Office and on  a Notice Boards maintained at or near the main entrance to the Establishment and shall be kept in a legible condition.

(2) The Manager of the establishment shall personally be held responsible for the proper and faithful observance of the standing Orders.

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