Sections 33 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 33 says when certified standing orders start to operate and requires the employer to keep the text available to workers. Section 34 creates the register of certified standing orders. Section 35 bars modification for six months and sets out how a modification is applied for.
Certified standing orders come into operation thirty days after authenticated copies are sent, or, if an appeal is filed, seven days after the appellate order is sent (s.33(1)). The certifying officer keeps a register, or an electronic upload, and gives copies on payment of a fee (s.34). Once in operation, they cannot be modified for six months except by agreement (s.35(1)); after that, an employer, worker, union or representative body may apply to modify (s.35(2)).
Section 33: when standing orders take effect
Date of operation: s.33(1)
The standing orders or modified standing orders "shall, unless an appeal is preferred under section 32, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (8) of section 30, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent in such manner as may be prescribed."
| Situation | Operation date |
|---|---|
| No appeal | Thirty days after the certifying officer sends authenticated copies (s.30(8)) |
| Appeal filed | Seven days after copies of the appellate authority's order are sent |
The clock runs from sending, not from receipt. For deemed-certified standing orders (s.30(5) proviso) the Code's words in s.33(1) refer to copies sent under s.30(8); how the operation date is fixed where there is deemed certification is not spelled out in s.33(1), so employers should record the date on which they treat the orders as certified and take advice if the point is live. For adopted model standing orders, rule 10(6) says the provisions come into force from the date specified in the employer's information; see sections 28 and 29.
Keeping the text available: s.33(2)
"The text of a standing order as finally certified under this Code shall be maintained by the employer in such language and in such manner for the information of the concerned workers as may be prescribed." Rule 16 of the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026) prescribes for Central-sphere establishments: the text must be kept in Hindi, English and the local language, displayed legibly on a special board at or near the entrance through which the majority of workers enter, and may also be posted on a designated portal or website, if any (rule 16(2), (3)). Employers who want help getting the display and language requirements right can ask our labour law compliance team.
Section 34: the register of standing orders
"A copy of all standing orders as finally certified under this Code shall be filed by the certifying officer in a register maintained for the purpose or uploaded in electronic form or such other form as may be prescribed, and the certifying officer shall furnish a copy thereof to any person applying therefor on payment of such fee as may be prescribed."
Rule 17 of the Central Rules fills this in:
- The certifying officer maintains the register electronically in Form III, covering finally certified standing orders, deemed certified standing orders and adopted Model Standing Orders, of all concerned establishments (rule 17(1)).
- The register records a unique number for each standing order, the name and nature of the establishment, the date of certification, deemed certification or adoption, the areas of operation and other details helpful in retrieval (rule 17(1)(a) to (f)).
- Copies are furnished to any applicant on payment of two rupees per page, and the fee may be paid electronically (rule 17(2), (3)).
Because any person can get a copy, a worker or union can check the operative text. See also rule 17 and Form III.
Section 35: duration and modification
The six-month lock-in: s.35(1)
"The standing orders certified under sub-section (8) of section 30 shall not, except on an agreement between the employer and the workers, or a negotiating union or a Trade Union or other representative body of the workers, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation."
The bar runs from the date of operation, not certification, and restarts from the last modification. The only escape within the six months is agreement between the employer and the workers, a negotiating union, a Trade Union or another workers' representative body.
Applying for modification: s.35(2) and (3)
Subject to s.35(1), "an employer or worker or a Trade Union or other representative body of the workers may apply to the certifying officer to have the standing orders modified in such application as may be prescribed", accompanied by copies of the proposed modifications. Where the modification is by agreement, "a certified copy of that agreement shall be filed alongwith the application."
Section 35(3): the foregoing provisions of the Code "shall apply in respect of an application under sub-section (2) as they apply to the certification of the first time standing orders." So the procedure in s.30, including consultation, notice, hearing, the sixty-day period, the appeal under s.32 and s.33 operation dates, applies again to a modification.
Rule 18 (Central Rules) sets the content:
| Item | Requirement |
|---|---|
| Mode | Electronically, in person or by speed post (rule 18(1)) |
| Content | Particulars of the standing orders to be modified, with a tabular statement of each relevant provision in force, the proposed modification and reasons, and details of registered Trade Unions operating in the establishment (rule 18(2)) |
| Signature | By a person authorised by the establishment, or by the workers, Trade Union or other representative body making the application (rule 18(3)) |
The statement accompanying a draft modification is also covered by rule 13(2).
Example (invented). Certified standing orders came into operation on 1 March. On 15 June the employer wants to change a clause on shift rotation. As six months have not passed, he cannot modify unilaterally. If the union agrees, they file the application with a certified copy of the agreement and the tabular statement. If the union disagrees, the employer must wait until 1 September, after which it may apply, and the certifying officer runs the s.30 procedure again. If the change is to a matter in the Third Schedule affecting conditions of service, s.40 notice rules apply too; see sections 40 and 41.
The Central Rules apply where the Central Government is the appropriate Government; in State-sphere establishments the State's own rules apply.
What to keep on file
- The date on which authenticated copies were sent, and the date the orders came into operation.
- The certified text in the required languages, and proof of display.
- Any agreement to modify, in certified form.
- The tabular statement for each modification application.
Disputes about what a clause means do not go back to the certifying officer; they go to the Tribunal under s.37. Our employment and labour law advisory team can help when a modification and an interpretation question arise together.
Need help with standing orders upkeep?
Keeping the certified text, the register entry and the modification calendar in order is routine work that is easy to let slide. Our labour law compliance team can set up a simple tracker of operation dates, lock-in periods and display requirements for each unit.
Key takeaways
- Operation: thirty days after copies are sent, or seven days after the appellate order is sent (s.33(1)).
- The employer maintains the text in the prescribed language and manner (s.33(2)); Central Rules: Hindi, English and local language, displayed at the entrance.
- The certifying officer maintains a register (Form III, electronic); copies cost two rupees per page (s.34; rule 17).
- No modification for six months from operation, except by agreement (s.35(1)); later modification follows the s.30 procedure (s.35(2), (3); rule 18).
Read next
- Section 30: preparation and certification of draft standing orders
- Section 31-32: certifying officer powers and appeals
- Section 36-37: oral evidence and interpretation of standing orders
- Industrial disputes under the new labour codes
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.
