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1. DATE OF ENFORCEMENT.
These Orders come into force on the
Ninth day of July 1966.
2. PASTING OF STANDING ORDERS ON NOTICE
BOARDS.
(a) A coy of these Standing Orders in
English and in the principle regional languages of the local area in which
the notice board at the Estate Office, Factory and in such other places
within the Estate premises as the employer may decide and shall be kept in a
legible condition.
(b) In case of any dispute, the English
version of these Orders shall be taken to be authorities.
3. DEFINITIONS.
(a) Manager means the owner of an
Industrial establishment to which this Act for the time being applies and
includes:-
(i) In a factory any person named under
(clause (f) of subsection (i) of section 7 of the Factories Act,
(1948) as manager of the factory (ii) In
plantation any person responsible to the owner for supervision and control
of the industrial establishment.
4.classification of workers.
(a) A Permanent worker is one who residues
upon the tea estate roll of workers and includes any person who has
completed a probationary period of sex month on the same or any other
occupation in the industrial establishment, including breaks due to
sickness, accident, leave, involuntary closure of the establishment.
(b) An "Probationer" is a workman who is
provisionally employed to fill a permanent vacancy in a post and has not
completed 6 moth service therein.
(c) An "Outside Worker" is one who resides
outsider estate but whose name is entered on the estate roll of workers;
Provided that one who is a regular and whole-time worker shall not be
deemed to be an outside worker for the purpose of Standing Order No, 13 (b).
(d) A 'Temporary worker' is a worker has been engaged for a
work which is of an essentially temporary nature likely to be finished
within a limited period.
(e) 'Learner' is a worker who is employed o
probation by the Manager and who may be paid a nominal wage during his
specified period of training.
5.ATTENDENCE AND LATE COMING.
(a) All
workers who have not been granted leave by an authorised person or certified
as sick by an authorised member of the medical stuff, shall be at work at
the time indicated in the manner prescribed in the clause 6.
(b) If any worker arrives more than half
an-our after the stipulated tie without sufficient reason he may be liable
to be refused work paid on a daily or hourly basis a deduction may be time
absent according to the provisions of the Payment of Wage act.
6. MANNER OF INTIMATING TO THE WORKMEN PERIODS
AND HOURS OF WORK, HOLIDAYS, PAY DAYS AND WAGE RATES:-
(a) Periods and hours of work:-
For those who are employed at regular and
fixed hours, the periods and hours of work
shall be pasted on the notice board at the office and factory.
For other workers the periods and hours of
work shall be intimate by authorised person either verbally or by signal
(siren, going, bell etc.) according to the use of the estate.
(b) the days shall be prominently displayed
at the office and Factory.
(e) wage Rates;- A notice setting out the
wages of classes of workers who are engaged on daily, weekly fortnightly or
monthly wages shall be displayed prominently at the managers office and a
notice board maintained at or near the entrance to the establishment.
7. PAYMENT OF WAGES
(1) any wages, due to the workmen but not
paid on the usual pay day on account of their being unclaimed shall be paid
be the employer on an unclaimed wage pay day in each week, such shall be
notified on the notice boards as aforesaid.
(2) All workmen will be paid wages on a
working say before the expiry of the seventh or the tenth day after the last
day of the wage period in respect of which the wage are payable according
as the total number of workmen
employed in the establishment does not or does exceed one thousand.
8.REQUIREMENT TO ENTER PREMISES BY CERTAIN
GATES AND LIABILITY TO SEARCH
(a) The Manager may be writing 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, Office, Hospital or Bungalow premises.
(c) Factory gates may be kept closed during
working hours at the discretion of the Management and any worker must not
leave the premises during working hours without permission.
(d) all workers shall be liable on entrance
or leave the Factory to be detail need for such by any authorised person who
may, acting without malice, suspect that the worker so detained is in
wrongful possession of property belonging to the Company or Prejudicial to
the security of the premises. Provided that no worker shall be served except
by a person of his or her own sex and in the presence of another person of
his or her own sex.
9. CLOSING AND RE-CLOSING OF SECTIONS OF
THE INDUSTRIAL ESTABLISHMENT, AND
TEMPORARY STOPPAGES OF WORK, AND THE RIGHTS AND WORKMEN ARISING THERE FROM.
(a) (i) The Manager may at any time in the
event of fire, stoppage of power or supply, epedemic, civil commotion,
strike, extreme climatic conditions or other cause beyond his control, close
down either the factory or field work or both.
(ii) In the event of such stoppages during
working hours, the workmen affected shall be noticed by notices out upon the
notice board in the office and/ or factory, as soon as practicable, when
work will be resumed and whether they are to will be resumed and whether
they are to remain or leave their place of work. The workmen shall not
ordinarily be required to remain for more than two hours after the
commencement of the stoppage. If the period of detention does not
exceed one hour the workmen so detained shall be paid for the periods of
detention . If the periods of detention exceeds on hour, the workmen so
detained shall be entitled to receive wages for the whole time during which
they are detained as a result of the stoppage. In the case of piece rate
workers, the average daily earning for the previous month shall be taken to
be the daily wage. Whenever practicable reasonable notice shall be given of
resumption of normal work.
(iii) In cases where workmen
are laid off for short periods on account of failure of plant or a temporary
curtailment of production, the period of unemployment with or without pay,
as the case may be, When however, workmen have to be laid off for an
indefinitely long period, their services may be terminated after giving them
due notice or pay in lieu thereof.
(b) When either factory or field work has been closed down for any of the
above reasons, the Manager shall order resumption of work as soon as
possible after the cause of the stoppage has ceased to exist or as soon as
is otherwise practicable, provided that it appears to the Manager that a
sufficient number of workers are present and willing to resume.
10. CONDITIONS OF PROCEDURE IN APPLYING
FOR, AMD THE AUTHORITY WHICH MAY GRANT LEAVE AND HOLIDAYS.
(a) Any worker who wishes to obtain
leave shall apply to the Manager or this authorised representative who shall
issue order on the application or within a for leave or two days prior to
the commencement of the leave applied for whichever is earlier, provided
that if the leave is to commence on the date of application or within three
days thereof, the order shall be passed on the
same day. If the leave applied for is refused or postponed the fact of such
refusal or postponement and the reasons therefore shall be maintained
for the purpose and if the worker so desires a copy of the entry in the
register shall be supplied to his. The entry shall specify the category of
leave i.e., privilege, casual, sick or extra ordinary.
(b) If any worker remains absent in excess of
leave period granted, he shall be treated as absent without leave unless he
the management a satisfactory reason for his absence.
(c) the Manager or his authorised
representative shall be the authority which may grant the leave.
(d) The number of holidays to be granted
and the days which shall be observed as holidays by the estate shall be
regulated in accordance with the Factories Act and Rules, agreement and the
custom or usage of the estate.
11. SICKNESS, SICK LEAVE, PAYMENT OF SICK
AND ATTENDANCE ALLOWANCE AND MATERNITY LEAVING AND BENEFITS.
(a) Any worker who is sick or injures shall
report personally or by message to the Medical or Dispensary. (b) Any worker who is sick or convalescent shall be granted
sick leave against certification by the Medical Officer or his
representative.
(c) Any worker who is certified as sick pay as the estate
may have laid down.
(d) Should the Medical Officer or his representative
certify that
an attendant or attendants ate required for care of a sick worker, attendant
of attendants hall be paid at such rates as the estate may have laid down.
(e) Maternity leave and benefit shall be granted on a scale not lower
than those provided for under the Assam Maternity Benefit Act, 1945 as
amended form time to time.
12. 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 incident to their employment by the Manager.
13. TERMINATION OF EMPLOYMENT AND NOTICE THEREFORE TO BE GIVEN BY THE
EMPLOYER AND WORKMEN.
Notice of termination of employment whether by Manager
or by Worker, shall Notice of termination of employment whether by Manager or by Worker,
shall be given equal to
the wage period of the worker concerned. Provided that-
(a) the Manager may terminate the
employment of a worker forthwith and pay his wages for the wage period
(equivalent to his average earnings over the preceding period of three
months) in lieu of notice.
(b) Notice of termination of employment
shall be necessary only in case of permanent workers and not in the case of
outside or temporary workers except in so far as is laid down in any
agreement entered into between the Manager and such outside or temporary
workers.
(c) The Manager may dismiss without notice
any worker who guilty of gross misconduct but such worker must be informed
in writing of the alleged misconduct and be given as opportunity to explain
the circumstances alleged against him.
(d) Where the employment of any worker is
terminated the wages earned by him and other dues, if any shall be paid
before the which his employment is terminated.
(e) The manager may , when a worker is
charged with misconduct, direct that such worker be suspended pending
investigation by the Manager into the charge. of misconduct and during the
period of suspension the worker shall be entitled to receive an allowance of
not provided that if the charge of misconduct is not Provided the worker
shall be entitled to receive the full wage for the period of suspension.
14. GROSS MISCONDUCT.
The following acts and omission shall
constitute gross Misconduct.
(1) wilful insubordination or disobedience,
whether alone or in combination with another, or others of any lawful and
reasonable order of a superior.
(2) Theft. fraud or dishonesty in
connection with the Company's business or property.
(3) Taking. giving, offering or soliciting
bribes or any illegal gratification whatsoever.
(4) Habitual absenteeism without leave.
(5) Habitual late attendance.
(6) Collection of monies within the estate
for objects (other than for bonafide trade union purposes)
(7) Riotous conduct.
(8) Inciting others to disturbance or
violence.
(9) Smoking in
the factory,
(10) Habitual breach of
Rules or instructions for the maintenance and running of any department of
the maintenance of cleanliness of any portion of the estate premises or
factory compound.
(11) Wilful destruction of or damage to
garden property.
(12) Repeated disregard to safety rules in
factory.
15. MISCONDUCT.
The following acts and omissions
shall constitute misconduct for which offences a worker may be find to the
extent permitted by the Payment of Wages Act.
(1) Gross misconduct as defined in Standing
Order Clause No-14.
(2) Committing an indecency or an act
prejudicial to public health on or near any roads, work sites for building
within a plantation.
(3) Neglect or default causing the quality
or quantity of material produced by the workers to be under the average
quality or quantity product by other workers.
(4) Late attendance or absenteeism without
leave.
(5) Quarreling, fighting or causing
disturbance prejudicial to good order. (6) Drunkenness while at work.
(7) Repeated commission of offences included
under clause No.-15 shall constitute gross misconduct.
(1)Sleeeping while on duty.
16.PENALTIES IN RESPECT OF ACTS OF GROSS
MISCONDUCT.
Any of the following penalties may be
imposed in any workmen who is found guilty of any acts of gross misconduct
under standing order Clause No.-14
(a) Dismissal.
(b) Fine as per Payment of wage Act.
(c) Suspension form work without wages or
other emoluments for a period not exceeding 15 days.
(d) Demotion and reduction in rank.
(e) Stoppage of increment.
17. LIABILITY OF
MANAGER
The Manager of the
estate shall personally be held responsible for the proper and faithful
observance of the Standing orders.
18. MEANS OF REDRESS FOR WORKERS AGAINST
UNFAIR TREATMENT OR WRONGFUL EXACTIONS BY THE EMPLOYER OR HIS AGAINST OR HIS
SERVANTS.
The Manager will be liable personally
to receive complains form any worker who feels himself agrieved owing to
alleged unfair treatment, wrongful exactions, withholding dues etc. In the
event of a worker not being satisfied with the adjudication of the Manager,
the worker shall be at liberty to represent the grievances to the Labour
Commissioner, Assam.
{Certified by me this
9th day of July 1966} Sd/-H.P. Duara.
Certifying Officer And Labour Comissioner
Assam, Shillong |