Section 37 — Application of the Industrial Employment (Standing Orders) Act, 1946 and the Maternity Benefit Act, 1961.

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: 



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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.