Section 37. Application of the Industrial Employment (Standing Orders) Act, 1946 and the Maternity Benefit Act, 1961.
(1) The provisions of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) shall apply to every industrial premises wherein fifty or more persons are employed or were employed on any one day of the preceding twelve months as if such industrial premises were an industrial establishment to which that Act has been applied by a notification under sub-section (3) of section 1 thereof, and as if the employee in the said premises were a workman within the meaning of that Act.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply all or any of the provisions of the Industrial Employment (Standing Orders), Act, 1946 (20 of 1946), to any industrial premises wherein less than fifty employees are employed or were employed on any one day of the preceding twelve months as if such industrial premises were an industrial establishment to which Act has been applied by a notification under sub-section (3) of section 1 thereof, and as if the employee in the said premises were a workman within the meaning of that Act.
(3) Notwithstanding anything contained in the Maternity Benefit Act, 1961 (53 of 1961), the provisions of that Act shall apply to every establishment as if such establishment were an establishment to which that Act has been applied by a notification under sub-section (1) of section 2 thereof:
Provided that the said Act shall, in its application to a home worker, apply subject to the following modifications, namely:—
(a) in section 5, in the Explanation to sub-section (1), the words “or one rupee a day, whichever is higher” shall be omitted; and
(b) sections 8 and 10 shall be omitted.
View Act Footnotes
Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.
Page 3
- 1. 10thFebruary, 1970, vide notification No.IIE/2-1/70, dated the 9th February, 1970, in respect of section 3, in the State ofOrissa.
- 2. Ins. by Act 41 of 1993, s. 2 (w.e.f. 22-5-1993).*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammuand Kashmir and the Union territory of Ladakh.
Page 4
- 1. Ins. by Act 41 of 1993, s. 2 (w.e.f. 22-5-1993).
- 2. Added by s. 2, ibid. (w.e.f. 22-5-1993).
Page 6
- 1. Ins. by Act 41 of 1993, s. 3 (w.e.f. 22-5-1993).
Page 7
- 1. Subs. by Act 41 of 1993, s. 4, for “fifty” (w.e.f. 22-5-1993).
Page 8
- 1. Ins. by Act 41 of 1993, s. 5 (w.e.f. 22-5-1993).
- 2. The proviso added by s. 6, ibid. (w.e.f. 22-5-1993).
Page 11
- 1. Ins. by Act 41 of 1993, s. 7 (w.e.f. 22-5-1993)2 . Subs. by s. 8, ibid., for “three months” (w.e.f. 22-5-1993)3 . Subs. by s. 8, ibid., for “five hundred rupees” (w.e.f. 22-5-1993).
Page 13
- 1. Subs. by Act 41 of 1993, s. 9, for certain words (w.e.f. 22-5-1993).
Page 15
- 1. Subs. by Act 41 of 1993, s. 10, for certain words (w.e.f. 22-5-1993).