IR Manual

Index:
Sl no 1 1.1 1.2 2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.19 2.10 2.11 2.12 2.13 2.14 2.15 2.16 3 4 Contents Preamble Vision Concept Highlighting most relevant provisions of important labour legislations Industrial Disputes Act, 1947 Plantation Labour Act, 1951 Apprentices Act, 1961 Shops & Establishment Act, 1963 Factories Act, 1948 Contract Labour (Regulation & Abolition) Act, 1970 Employee State Insurance Act, 1948 Employees Provident Fund and Miscellaneous Provisions Act, 1952 Workmens Compensation Act, 1923 Child Labour (Prohibition & Regulation Act, 1986 Payment of Gratuity Act, 1972 Industrial Employment and Standing Orders Act, 1946 Building and Other construction Workers (Regulation of employment and Condition of Service )Act, 1996 Minimum wages Act, 1948 Payment of Bonus Act, 1965 Payment of Wages Act, 1936 Exemplifying labour cases Forms Permission To Construct (Factories Act) Employee State Insurance Act Payment Of Bonus Act The Payment Of Wages (Procedure) Rules, 1937 Building And Other Construction Workers Employees Provident Fund Scheme Payment Of Gratuity (Central) Rules Workmen's Compensation Rules Child Labour (Prohibition And Regulation) Rules Industrial Employment (Standing Orders) Central Rules Shopps And Establishments Contract Labour (Regulation & Abolition) Central Minimum Wages (Central) Rules The Industrial Disputes (Central) Rules

PREAMBLE
Vision: There is no doubt that we are passing through a phase in our national evolution which is surcharged with doubts, distrust, suspicion and skepticism which may lead to a crisis of confidence. Man is never satisfied with mere patronizing or more platitudes. He is in most part, responsive to sympathetic understanding or approach and consideration with kindness. Labour Laws in India are not much of an older origin and have developed in respect to the vastly increased awakening of the workers of their rights, particularly after the attainment of independence. Labour and the management are primarily two contending parties, opposed to the interests of one another, but at the end of the day labour and management form an integral part of the industry and industrial production. Merely to regard labour problems as a crisis in human relationship would be oversimplifying a complex problem. For fruit full resolution of the problems, creating an atmosphere conducive to obtaining the desired results is necessary, the approach to them should be as earnest as it is humane. For achieving such desired results both labour and management should keep themselves familarised with the important provisions of labour legislations relevant to obtaining and establishing healthy and harmonious industrial relation situations in an industrial establishment. Moreover, concept of industrial relations should also be clearly understood & then Industrial Relations manual consisting of main provisions of the important labour legislations, procedures and forms as prescribed under central rules and state rules should serve both labour and management in day to day working and for statutory compliances as well. It could be a great timeserver for the professional and practitioners in the industries. Concept: Industrial Relations, is an expression used not only for relationships between employers and Trade Unions, but also for those involving Government with the aim of defining policies, facing labour problems. An Industrial Relations concept is defined by: 1) Rules for employment management; 2) Methods defining those rules; 3) Types of actors (both employers and workers organisations and representatives, but also State and institutional bodies); 4) Interaction processes between these entities. Field of industrial Relations:It is a complex system. The participants in it are mainly 3 as here under 1) Workers 2) Employer 3) Government The Indian context:The Industrial Relations set up is:1) The maintenance of industrial peace is of so great importance particularly from the point of view of the current economic condition. 2) A system of bipartite constitution, collective bargaining between employers and labour, however useful it cannot be relied upon the other side to deliver the goods. 3) A greater possibility of effecting an employee-employer relationship exists through tripartite contact in which government lends its good, offices and/or uses its influence as authority. 4) The provisions of compulsory arbitration or adjudication as the last resort is unavoidable to compel the parties either to come to an agreement in course of conciliation or abstain from resorting to strikes and lock-outs System Model of Industrial Relations A. Environment or External theories:- These theories have been developed primarily by economists. They evaluate the impact on the factory and forces exogeneous to the industrial unit in shaping and changing industrial relations. The major elements forming the core of the Systems Model of industrial relations are:a. Actors:- 1) Workers 2) Managers and their association 3) Government agencies concerned with the work place b. Context:- It comprises factors like technology, market-constraints, power relations etc. c. Ideologies of the participants like workers trade unions, managers. d. Rules:- These are formed to govern the actors at the workplace.

An Industrial Relations Systems is a part of the broader social system The system in the environment are of technological economic factors at the power context. The systems functions in terms of inter-relationship of actors. The end product of the system is the roles translated of the actors bound together in common ideas

International scenario

National environment

Technological factors
Workers

Political

factors employe r Government

Socio economic factors Market factors

Internalist or In-plant Theories. The main elements are:a. Work-Group:- the workers tend to form informal groups among themselves besides the formal structure of the organization b. Communication & Participation:- These Work-Groups may be mobilized to attain the goals of the organization through effective communication consultation, participation, ego-need satisfaction. Two distinct approaches have come up in these theories i) ii) Studies in organizational behaviour stresses the importance of the principle of integration in regards to participative management of workers goals with those of the organisation. The group dynamics stresses the importance of democratic leadership at the group discussion process

Evolution of setting for Industrial relations The setting for Industrial Relations shifts from individual organizations to industry as a whole (in a region like Mumbai, where workers and employers organize themselves on industry wise basis. In places like Bhilai, Rourkela where new centers of industrialization standard, large masses of workers were brought together, the pattern of industrial relations are different from the units in Mumbai. In organizations like Railways, banks etc, Industrial relations are conducted on country wide basis. Changes in work process methods as technology results in reducing manual labour, raising skills and education as well as expectations from employers side for higher rewards. Again for globalization, privatization, liberalization in industrial field expectations from employers side for better skills and from workers side for higher rewards have further have further increased. What is desirable is that, however the participants in the industrial relations field- employers, managers and workers must learn to submerge their own ends with goals of the organization. The system would result in greater integration of interests to achieve harmony as the end product in the industrial setting. A conflict emerges strongly in the system where participants are less mature but aggressive as it tends to recede when they show greater understanding and prudence in the use of power.

2. Highlighting most relevant provisions of important labour legislations as here under with special mention of procedural aspect and relevant statutory forms (from their applicability point of view) in the up keep of a healthy and harmonious IR system in the industry. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Industrial Disputes Act, 19471 Contract Labour (P/R) Act, 1970 Employee State Insurance Act, 1948 Workmens Compensation Act, 1923 Industrial Employment Standing Orders Act, 1946 Child labour (R/A) Act 1986. Plantation Labour Act,1951 Employees Provident Fund Scheme &Misc. Provisions Act, 1952 The Apprentices Act, 1961 Shop & Establishment Act, 1963 Payment of Gratuity Act, 1972 Industrial Employment and Standing Orders Act, 1946 Building and Other construction Workers (Regulation of employment and Condition of Service ) Act, 1996 Minimum wages Act, 1948 Payment of Bonus Act, 1965 2.1 INDUSTRIAL DISPUTES ACT, 1947 Chapter-1 Important definitions as contained in sec 2 of the ID act. 2(a)(i) Appropriate Government- any industry carried on by or under the authority of the Central Government [ * *] or by a railway company [or concerning any such controlled industry as may be specified in this behalf by the Central Government] [* * *] or in relation to an Industrial Dispute concerning [[a Dock Labour Board established under Section 5-A of the Dock Workers (Regulation of Employment ) Act, 1948 (9 of 1948), or the Industrial Finance Corporation of India established under Section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948), or the Employees' State Insurance Corporation established under Section 3 of the Employees' State Insurance Act, 1948 34 of 1948), or the Board of trustees constituted under Section 3-A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under Section 5-A and Section 5-B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), or the "Indian Airlines" and Air India" Corporations established under Section 3 of the Air Corporations, Act, 1953 (27 of 1953), or the Life Insurance Corporation of India established under Section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or the Oil and Natural Gas Commission established under Section 3 of the Oil and Natural Gas Commission Act, 1959 (43 of 1959), or the Deposit Insurance and Credit Guarantee Corporation established under Section 3 of the Deposit Insurance and Credit Warehousing Corporation established under Section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under Section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under Section 3, or a Board of Management established for two or more contiguous States under Section 16 of the Food Corporations Act, 1964 (37 of 1964), or the International Airports Authority of India constituted under Section 3 of the International Airports Authority of India Act, 1971 (43 of 1971), or a Regional Rural Bank established under Section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Corporation of India Limited]], or [the Banking Service Commission Act, 1975, or ] [ a banking or an insurance company, a mine, an oilfield] [a Cantonment Board,] or a major port, the Central Government, 2(a)(ii) In relation to any other Industrial Dispute, the State Government; 2(d) Conciliation Officer- Conciliation officer appointed under this Act; 2(e) Conciliation Proceedings- Proceeding held by a conciliation officer or Board under this Act; 2(g) Employer- In relation to an industry carried on by or under the authority of any department of [the Central Government or a State Government}, the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; and in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority. 2(i) Industry-Any business, trade, undertaking, manufacture or calling or employers and includes any calling, service, employment handicraft, or industrial occupation or avocation of workmen;

2(j) Industry (amended in 1982)any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,(i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to made any gain or profit, and includes (a) any activity of the Dock Labour Board established under Section 5-A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948); (b) any activity relating to the promotion of sales or business or both carried on by an establishment. But does not include(1) any agriculture operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. (2) Hospitals or dispensaries; or (3) Educational scientific, research or training institutions; or (4) Institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service; or (5) Khadi or village industries ;or (6) Any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research atomic energy and space; (7) Any domestic service; or (8) Any activity, being a profession practiced by an individual or body of individuals, if the number of persons employed by the individuals, if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten; or (9) Any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten. 2(k) "Industrial dispute" means any dispute of difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person; 2(ka) Industrial Establishment- An establishment or undertaking in which any industry is carried on. Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then, (a) if any unit of such establishment or undertaking carrying on any activity, being in industry, is severable from the other unit of units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking; (b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking.

2(kkk) Lay-Off- Failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the breakdown of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster-rolls of his industrial establishment and who has not been retrenched. 2(l) Lock-Out- Temporary closing of place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. 2(n) Public Utility Service(i) Any railway service [or any transport service for the carriage of passengers of goods by air]; [(I-a) any service in, or in connection with the working of, any major part or dock;] (ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; (iii) any postal, telegraph or telephone service; (iv) any industry which supplies power, light or water to the public; (v) any system of public conservancy or sanitation. (vi) Any industry specified in the [First Schedule] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification: Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time, if in the opinion of the appropriate Government, public emergency or public interest requires such extension. 2(oo) Retrenchment-Termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching of age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or [(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under the stipulation in that behalf contained therein or] (c) termination of the service of a workman on the ground of continued ill-health. 2(p) Settlement- A settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to [an officer authorised in this behalf by] the appropriate Government and the conciliation officer] 2(q) Strike-Cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of person who are or have been so employed to continue to work or to accept employment. 2(qq) Trade union-Trade union registered under the Trade Unions Act, 1926 (16 of 1926). 2(ra) Unfair Labour Practice- any of the practices specified in the Fifth Schedule. 2(rr) Wages- all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes(i) such allowances (including dearness allowance) as the workman is for the time being entitled to ;

(ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles; (iii) any travelling concession; [(iv) any commission payable on the promotion of sales or business or both;] but does not include (a) any bonus ; (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; (c) any gratuity payable on the termination of his service. 2(s) Workman- any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. Dismissal of an individual workman to be an industrial dispute :Where any employer discharges dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. Chapter-II:Authority under this Act Section 3:Works CommitteeApplicable to the industrial establishment employing 100 or more workmen on any day of the preceding 12 months. Consists of representatives of employers and workman, engaged in establishment with equal representatives. Representatives are chosen in a prescribed manner. Duty of the Works Committee is to promote measures for securing and preserving amity and good relations between the employer and workmen. Section 4: Conciliation OfficerSection 4 empowers the appropriate government to appoint conciliation officers by notification in the Official Gazette, Conciliation Officers are charged with the duty of mediating in and promoting the settlement of industrial disputes for a specified area or for the specified industry either permanently or for a limited period. Board of Conciliation (Sec 5), Courts of inquiry (Sec 6), Labour Courts (sec 7) Tribunal (sec 7A), National Tribunal (sec 7B), could be constituted by appropriate government by notification in the official gazette for mediating in the industrial dispute and for adjudicating upon the disputes. Chapter II A:Notice of Change-Section 9A provides that no employer, who proposes to effect any change in the conditions of service applicable to any workman under the ID act as specified in the 4 th schedule without giving the notice of 42 days barring where such changes are effected by any settlement or tribunal award /court judgment.

Appropriate Government has the power to exempt any class of industrial establishment/any class of workmen from binding of section 9A, where and when feel necessary (section 9B) Chapter II B:Section 9(c):Any employer in relation to every industrial establishment in which 50 or more workmen are employed or have been employed on any day of the preceding 12 months, shall provide, in accordance with the rules made under a Grievance Settlement authority for the settlement of industrial disputes connected with an individual workman employed in the establishment Chapter III:Reference of disputes to Board, Courts or Tribunal Section 10: provides that when an industrial dispute arises, it should be addressed at first level (collective bargaining) thereafter at tripartite level (in presence of Conciliation officer). When conciliation procedure fails, Conciliation officer files a failure report under section 12(4) of the act to the Appropriate Government either recommending for adjudication at Labour Court/Industrial Tribunal on disputed issues or not recommending for adjudications treating the matter as closed. Section 10(2): The parties to an industrial dispute may apply in the prescribed manner whether jointly or separately for a reference of the dispute to the Appropriate Government, hence Appropriate Government shall make a reference of dispute to the Labour Court/Industrial Tribunal, if satisfied that the parties applying represent the majority of each party. Section 10(3): The Appropriate Government may by order prohibit the continuance of any strike or lock-out in connection with such report which may be in existence on the date of reference of the disputes. The Conciliation Officer after conciliation recommends for issuing orders for prohibiting such continuance. In case of Conciliation Officers recommendations framing of issues for adjudication should also be there in the failure report of the Conciliation Officer along with recommendations for prohibiting such continuance. Section 10(A): Voluntary reference of the disputes can be made to an Arbitrator for arbitration before the dispute is referred to Labour Court/Tribunal/National Tribunal, by employer or the workmen on joint agreement basis. Chapter IV:Procedures /Powers and duties of the authorities like Conciliation Officers, Boards of Conciliation, Labour Courts or Tribunals as per section (11), (11A), section 12 to 17 and section 17A, 17B, section 18 to 21. Any conciliation prior agreement of Board of Conciliation/Court, the presiding Officer of The Labour Court, Tribunal or National Tribunal for the purpose of enquiry into an existing or apprehended industrial dispute after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates. Conciliation Officer section 11(4)-May enforce the attendance of any person for the purpose of examination of such person or call for an inspection of any document which is relevant to the industrial dispute. Section 11A: Empower Labour Court, Tribunal or National Tribunal to give appropriate relief in case of discharge or dismissal of workmen. Section 17: Any award of any Labour Court, Tribunal or National Tribunal shall become enforceable on the expiry of 30 days from the date of its publication in the gazette. Appropriate Government after receiving such award, within 30 days will publish it in the gazette. Section 17B: Payment of full last drawn wages of workman, pending proceedings in higher courts(High Court, Supreme Court) on issues of re-instatement , against appeal on the orders of Labour Court/Tribunal is obligatory on the part of the employer but such payment need not be made where it is proved that such workman has been employed and had been receiving adequate remuneration during the period or part of such period.

Binding effect of settlement and awards

Section 18: Provides that bipartite agreement are binding upon they parties signing on the agreement but tripartite agreement reached at the level of conciliation Officers, core binding to all parties to the industrial dispute. Section 19: If no period is mentioned in the agreement (bipartite/tripartite) it remains ordinarily binding for a period of 6 months and shall continue to be binding until the expiry of 2 months from thye date on which the notice in writing of an intention to terminate the settlement is given. Chapter V:Section 22: Prohibition of Strike and Lock outs (1) No person employed in a public utility service shall go on strike in breach of contract (a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking ; or (b) within fourteen days of giving such notice. or (c) before the expiry of the date of strike specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (2)No employer carrying on any public utility service shall lock-out any of his workmen (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or (b) within fourteen days of giving such notice; or (c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (3) The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area or for a particular class of public utility services. (4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner as may be prescribed. (5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed. (6) If on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government or to such authority as that Government may prescribe, the number of such notices received or given on that day. Section 23: General prohibition of strikes and lock-outs. No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-out (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings (b) during the pendency of proceedings before [a Labour Court, Tribunal or National Tribunal] and two months after the conclusion of such proceedings; [(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3-A) of Section 10-A; or] (c) during any period in which a settlement or award is in operation in respect of any of the matters covered by the settlement or award. Section 24: Illegal strikes and lock-outs

(1) A strike or a lock-out shall be illegal if (i) it is commenced or declared in contravention of Section 22 or Section 23; or (ii) it is continued in contravention of an order made under sub-section (3) of Section 10 [or sub-section (4-A) of Section 10A] (2) Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a Board, [an arbitrator, a] [Labour Court, Tribunal or National Tribunal], the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this Act or the continuance thereof was not prohibited under sub-section (3) of Section 10 [or sub-section (4-A) of Section 10-A] (3) A lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal. Chapter VA:Section 25-A: Application of Sections 25-C to 25-E (1) Section 25-C to 25-E inclusive [shall not apply to industrial establishments to which Chapter V-B applies, or ] (a) to industrial establishments in which less than fifty workmen on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal character or in which work is performed only intermittently. (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final. [Explanation - In this section and in Sections - 25-C, 25-D and 25-E, [industrial establishment" means (i) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948), or (ii) a mine as defined in clause (j) of Section 2 of the Mines Act, 1952 (35 of 1952) or (iii) a plantation as defined in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951)] Section 25-B: Definition of continuous service For the purposes of this Chapter (1) a workman shall be said to be in continuous service for a period of he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman; (2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, is shall be deemed to be in continuous service under an employer (a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than (I) one hundred and ninety days in the case of a workman employed below ground in a mine; (II) two hundred and forty days, in any other case; (b) for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than (i) ninety-five days in the case of a workman employed below ground in a mine; (ii) one hundred and twenty days, in any other case. Explanation - For the purposes of clause (2), the number of days on which a workman has actually worked under an employer shall include the days on which

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(i) he has been laid off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under this Act or under any other law applicable to the industrial establishment; (ii) he has been on leave with full wages, earned in the previous year (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; (iv) in the case of a female, she has been on maternity leave; so however, that the total period of such maternity leave does not exceed twelve weeks.] Section 25-C: Right or workmen laid off for compensation Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster - rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid off . Provided that if during any period of twelve months, a workman is so laid off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer : Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in Section 25-F at any time after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to the workman for having been laid off during the preceding twelve months may be set off against the compensation payable for retrenchment. Explanation - "Badli workman" means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster-rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment. Section 25 D: Employer must maintain muster roll for entry of workmen who present themselves for work when laid off. Section 25 E: Provides that workmen must accept the offer of alternative employment in the same establishment where he has been laid off or else no compensation will paid to him. Section 25F:Conditions precedent to retrenchment of workmen A workman putting at least 1 year of continuous service must be given 1 months notice along with payment of wages of 1 month in lieu thereof for retrenchment of that workman in an industrial establishment employing less than 50 workmen and for each completed year of service the same workman should be paid compensation at the rate of 15 days average pay [for every completed year of continuous service] or any part thereof in excess of six months and also follow the principle of Last come first go. Section 25 FFA: 60 days notice to be given of the intention to close down the undertaking, industrial establishment where 50 or above number of workmen are employed. For less than 50 workmen case and in case of construction of buildings, bridges, roads, canals drains or for other construction work or project, such 60 days notice is not necessary. Section 25FFF: Compensation to workmen in case of closing down of undertaking (1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of Section 25-F, as if the workman had been retrenched : Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman under closed (b) of Section 25-F shall not exceed his average pay for three months. Explanation - An undertaking which is closed down by reason merely of (i) financial difficulties (including financial losses), or

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(ii) accumulation of undisputed of stocks ; or (iii) the expiry of the period of the lease or lease or license granted to it; or (iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals in the area in which such operations are carried on; shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this sub-section) (1-A) Notwithstanding anything contained in sub-section(1), where an undertaking engaged in mining operations is closed down by reasons merely of exhaustion of the minerals in the area in which such operations are carried on, no workman referred to in that sub-section shall be entitled to any notice or compensation in accordance with the provisions of Section 25-F, if (a) the employer provides the workman with alternative employment with effect from the date of closure at the same remuneration as he was entitled to receive, and on the same terms and conditions of service as were applicable to him, immediately before the closure; (b) the service of the workman has not been interrupted by such alternative employment; and (c) the employer is, under the terms of such alternative employment or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment. (1-B) For the purposes of sub-section (1) and (1-A), the expressions "minerals" and "mining operations" shall have the meanings respectively assigned to them in clauses (a) and (d) of Section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957). (2) Where any undertaking set up for the construction of buildings, bridges, roads, canals, dams or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set up, no workman employed therein shall be entitled to any compensation under clause (b) of Section 25-F, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every {completed year of continuous service) or any part thereof in excess of six months.) Chapter VB:Special provisions relating to Lay-Off, Retrenchment in an establishment employing 100 or more workmen precisely speaking such establishments if workmen are laid off or retrenched or such establishment are closed down, prior permission has to be sought from the appropriate government. 30 days notice for lay-off and 90 days notice for retrenchment and closing down of units is necessary at the time of seeking permission from the appropriate government. Chapter VC:Section25T:Prohibition of unfair labour practice. No employer or workman or a trade union, whether registered under the Trade Unions Act, 1926 (16 of 1926) is allowed to engage itself in unfair labour practice(subject of unfair labour practise vide-fifth schedule. Section 25 U: Penalty for committing unfair labour practices. Any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. Chapter VI:Section 26: Penalty for illegal strikes and lock-outs (1) Any workman who commences, continues or otherwise acts in furtherance, of, a strike which is illegal under that Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. (2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. Section 27: Penalty for instigation, etc.

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Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under that Actshall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 28: Penalty for giving financial aid to illegal strikes and lock-outs Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 29: Penalty for breach of settlement or award Any person who commits a breach of any term of any settlement or award, which is binding on him under this act, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both, [and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the fir,] and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to any person who, in its opinion, has been injured by such breach. Section 30: Penalty for disclosing confidential information Any person who will full discloses any such information as is referred to in Section 21 in contravention of the provisions of that section shall, on compliant made by or on behalf of the trade union or individual business affected, by punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 30-A: Penalty for closure without notice Any employer who closes down any undertaking without complying with the provisions of Section 25-FFA shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both Chapter VII:Miscellaneous Section 33: Conditions of services to remain unchanged under certain circumstances during pending of proceedings before Conciliation Officer/Labour Courts/Tribunals. Notwithstanding anything contained in sub-section (2), no employer shall during the pendency of any such proceeding is pending for approval of the action taken by the employer. (a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings or (b) by discharging or punishing whether by dismissal or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending. Section 33 A: Special provisions for adjudication as to whether conditions of service during pendency of proceedings. Where an employer contravenes the provisions of Section 33 during the pendency of proceedings [before a conciliation officer Board, an arbitrator, a Labour Court, Tribunal or National Tribunal], any employee aggrieved by such contravention, may make a compliant in writing, [in the prescribed manner, (a) to such conciliation officer or Board, and the conciliation officer or Board shall take such compliant into account in mediating in, and promoting the settlement of, such industrial dispute; (b) to such arbitrator, Labour Court, Tribunal or National Tribunal and on receipt of such complaint, the arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, shall adjudicate upon the compliant as if it were a dispute referred to or pending before it, in accordance with the provisions of this Act and shall submit his or its award to the appropriate Government and the provisions of this Act shall apply accordingly.] Section 33 C: Recovery of money due from an employer (1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him and if the appropriate Government for the recovery of the money due

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to him and if the appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue: Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer : Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period. (2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due to as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government [within a period not exceeding three months]: [Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit.] (3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks fit, appoint a Commissioner who shall, after taking such evidence as may be necessary, submit a report to the Labour Court and the Labour Court shall determine the amount after considering the report of the Commissioner and other circumstances of the case. (4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any amount found due by the Labour Court may be recovered in the manner provided for in sub-section (1). (5) Where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen. Section 36: Representation of parties (1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by (a) [any member of the executive or other office bearer] of a registered trade union of which he is a member; (b) [any member of the executive or other office bearer] of a federation of trade unions to which the trade union referred to in clause (a) is affiliated; (c) where the worker is not a member of any trade union, by [any member of the executive or other office-bearer] of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and authorised in such manner as may be prescribed. (2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by (a) an officer of an association of employers of which he is a member ; (b) an officer of a federation of associations of employers to which the association referred to in clause (a) is affiliated; (c) where the employer is not a member of any association of employer, by an officer of any association of employer connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed. (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court. (4) In any proceeding [before a Labour Court, Tribunal or National Tribunal)], party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and [with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be]

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THE FIRST SCHEDULE [See section 2(n)(vi)] INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (N) OF SECTION 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Transport (other than railways) for the carriage of passengers or goods by land or water. Banking. Cement. Coal. Cotton textiles. Foodstuffs. Iron and steel. Defence establishments. Service in hospitals and dispensaries. Fire brigade service India Government Mints. India Security Press Copper Mining. Lead Mining. Zinc Mining Iron Ore Mining Service in any oil field *** Service in the uranium industry. Pyrites mining industry. Security Paper Mill, Hoshangabad. Services in Bank Note Press, Dewas. Phosphorite mining Magnesite Mining. Currency Note Press Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like. Service in the International Airports Authority of India. Industrial establishments manufacturing or producing Nuclear Fuel and Components, Heavy Water and Allied Chemicals & Atomic Energy. Processing or Production of Fuel Gases (Coal Gas, Natural Gas and the like)

THE SECOND SCHEDULE [See Section 7] MATTERS WITHIN THE JURISDICTION OF LABOUR COURS 1. The propriety or legality of an order passed by an employer under the standing orders; 2. The application and interpretation of standing orders; 3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed; 4. Withdrawal of any customary concession or privilege; 5. Illegality or otherwise of a strike or lock-out; and 6. All matters other than those specified in the Third Schedule. STATE AMENDMENTS Madhya Pradesh. The Schedule shall be renumbered as Part A thereof and in the Second Schedule after Part A as so renumbered the following Part shall be inserted, namely: -PART B [See Section 7-B] CENTRAL ACTS WHEREUNDER OFFENCES TRIABLE LABOUR COURT 1. The Trade Unions Act, 1926 (16 of 1926). 2. The Payments of Wages Act, 1936 (4 of 1936). 3. The Factories Act, 1948 (63 of 1936). 4. The Minimum Wages Act, 1948 (11 of 1948). 5. The Employees State Insurance Act, 1948 (34 of 1948). 6. The Employees Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952).

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7. The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955). 8. The Motor Transport Workers Act, 1961 (27 of 1961). 9. The Maternity Benefits Act, 1961 (53 of 1961). 10. The Payment of Bonus Act, 1965 (21 of 1965). 11. The Beady and Cigar Workers (conditions of Employment) Act, 1966 (32 of 1966). 12. The Contract Labor (Regulation and Abolition) Act, 1970 (37 of 1970). 13. The Payment of Gratuity Act 1972 (39 of 1972). 14. The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976). 15. The Equal Remuneration Act, 1976 (25 of 1976). 16. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979). THE THIRD SCHEDULE MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS [See Section 7-A] 1. Wages, including the period and mode of payment; 2. Compensatory and other allowances; 3. Hours of work and rest intervals; 4. Leave with wages and holidays; 5. Bonus, profit sharing, provident fund and gratuity; 6. Shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Rules of discipline; 9. Rationalisation; 10. Retrenchment of workmen and closure of establishment; and 11. Any other matter that may be prescribed. THE FOURTH SCHEDULE CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN [See Section 9-A] 1. Wages, including the period and mode of payment; 2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit for the workmen under any law for the time being in force; 3. Compensatory and other allowances; 4. Hours of work and rest intervals; 5. Leave with wages and holidays; 6. Starting, alternating or discontinuance of shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Withdrawal of any customary concession or privilege or change in usage; 9. Introduction of new rules of discipline, or alteration of existing rules except insofar as they are provided in standing orders; 10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen; 11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift not occasioned by circumstances over which the employer has no control. THE FIFTH SCHEDULE [See Section 2(ra)] UNFAIR LABOUR PRACTICE PART I - On the part of employers and trade unions of employers 1. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say (a) threatening workmen with discharge or dismissal, if they join a trade union; (b) threatening a lock-out or closure, if a trade union is organised; and

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(c) granting wage increase to workmen at crucial periods of trade union organisation, with a view to undermining the efforts of the trade union at organisation. 2. To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say: (a) an employer taking an active interest in organising a trade union of his workmen; and (b) an employer showing partiality or granting favour to one of several trade unions attempting to organise his workmen or to its members, where such a trade union is not a recognised trade union. 3. To establish employer-sponsored trade unions of workmen. 4. To encourage or discourage membership in any trade union by discriminating against any workman, that is to say: (a) discharging or punishing a workman, because he urged other workmen to join or organise a trade union; (b) discharging or dismissing a workman for taking part in any strike (not being a strike which it deemed to be an illegal strike under this Act); (c) changing seniority rating of workmen because of trade union activities; (d) refusing to promote workmen to higher posts on account of their trade union activities; (e) giving unmerited promotions to certain workmen with a view to creating discord amongst other workmen, or to undermine the strength of their trade union; (f) discharging office bearers or active members of the trade union on account of their trade union activities. 5. To discharge or dismiss workmen--(a) by way of victimisation; (b) (c) (d) not in good faith, but in the colourable exercise of the employer's rights; by falsely implicating a workman in a criminal case on false evidence or on concocted evidence; for patently false reasons;

(e) on untrue or trumped up allegations of absence without leave; (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste; (g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the workman, thereby leading to a disproportionate punishment. 6. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike. 7. To transfer a workman mala fide from one place to another, under the guise of following management policy. 8. To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a pre-condition to allowing them to resume work. 9. To show favouritism or partiality to one set of workers regardless of merit. 10. To employ workmen as ''badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen. 11. To discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute. 12. To recruit workmen during a strike which is not an illegal strike. 13. Failure to implement award, settlement or agreement.

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14. To indulge in acts of force or violence. 15. To refuse to bargain collectively, in good faith with the recognised trade unions. 16. Proposing or continuing a lock-out deemed to be illegal under this Act. PART II - On the part of workmen and trade unions of workmen 1. To advise or actively support or instigate any strike deemed to be illegal under this Act. 2. To coerce workmen in the exercise of their right to self-organisation or to join a trade union or refrain from joining any trade union, that is to say-(a) for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work places; (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking workmen or against managerial staff. 3. For a recognised union to refuse to bargain collectively in good faith with the employer. 4. To indulge in coercive activities against certification of a bargaining representative. 5. To stage, encourage or instigate such forms of coercive actions as wilful go slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staff. 6. To stage demonstrations at the residences of the employers or the managerial staff members. 7. To incite or indulge in wilful damage to employer's property connected with the industry. 8. To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work.

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Plantation Labour Act, 1951 Chapter I:Application:- This act applies to the plantations for growing tea, coffee, rubber, cinchona or cardamom which admeasures 5 hectares or more and in which 15 or more persons are employed or were employed on any day of the preceding 12 months Important definitions , section 2 a. Plantation" means any plantation to which this Act, whether wholly or in part, applies and includes offices, hospitals, dispensaries, schools, and any other premises used for any purpose connected with such plantation, but does not include any factory on the premises to which the provisions of the Factories Act, 1948 (63 of 1948), apply. b. c. "Wages" has the meaning assigned to it in clause (h) of Section 2 of the Minimum Wages Act, 1948 (11 of 1948). "Worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, but does not include(i) a medical officer employed in the plantation; (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed rupees seven hundred and fifty; (iii) any person employed in the plantation primarily in a managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty; (iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals. d. "Family", when used in relation to a worker, means(i) his or her spouse, and (ii) the legitimate and adopted children of the worker dependent upon him or, who have not completed their eighteenth year and includes, where the worker is a male, his parents dependent upon him. e. f. "Child" means a person who has not completed his fourteenth year. "Adult" means a person who has completed his eighteenth year.

Chapter IA:Section 3-B: Registration of plantations. (1) Every employer of a plantation, existing at the commencement of the Plantations Labour (Amendment) Act, 1981 shall, within a period of sixty days of such commencement, and every employer of any other plantation coming into existence after such commencement shall, within a period of sixty days of the coming into existence of such plantation, make an application to the registering officer for the registration of such plantation : Provided that the registering officer may entertain any such application after the expiry of the period aforesaid if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. (2) Every application made under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) After the receipt of an application under sub-section (1), the registering officer shall register the plantation. (4) Where a plantation is registered under this section, the registering officer shall issue a certificate of registration to the employer thereof in such form as may be prescribed. (5) Where, after the registration of a plantation under this section, any change occurs in the ownership or management or in the extent of the area or other prescribed particulars in respect of such plantation, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed.

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(6) Where as a result of any intimation received under sub-section (5), the registering officer is satisfied that the plantation is no longer required to be registered under this section, he shall, by order in writing, cancel the registration thereof and shall, as soon as practicable, cause such order to be published in any one newspaper in the language of, and having circulation in, the area where the plantation is situated. Chapter II:Inspecting Staff (Government functionaries) Section 5: Powers and functions of inspectors Subject to any rules made by the State Government in this behalf, an inspector may within the local limits for which he is appointed (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the rules made thereunder are being observed in the case of any plantation; (b) with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or part thereof at any reasonable time for the purpose of carrying out the objects of this Act; (c) examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements on any person which he may consider necessary for carrying out the purposes of this Act; (d) exercise such other powers as may be prescribed : Provided that no person shall be compelled under this section to answer any question or make any statement tending to incriminate himself. Section 6: Facilities to be afforded to inspectors Every employer shall afford the inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this Act. Section 7: Certifying surgeons (1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such plantation or class of plantations as it may assign to them respectively. (2) The certifying surgeon shall carry out such duties as may be prescribed in connection with (a) the examination and certification of workers; (b) the exercise of such medical supervision as may be prescribed where adolescents and children are, or are to be, employed in any work in any plantation which is likely to cause injury to their health. Chapter III:Section 8: Drinking water In every plantation effective arrangements shall be made by the employer to provide and maintain at convenient places in the plantation a sufficient supply of wholesome drinking water for all workers. Section 9: Conservancy (1) There shall be provided separately for mates and females in every plantation a sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to workers employed therein. (2) All latrines and urinals provided under sub-section (1) shall be maintained in a clean and sanitary condition. Section 10: Medical facilities (1) In every plantation there shall be provided and maintained so as to be readily available such medical facilities for the workers and their families as may be prescribed by the State Government.

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(2) If in any plantation medical facilities are not provided and maintained as required by sub-section (1) the chief inspector may cause to be provided and maintained therein such medical facilities, and recover the cost thereof from the defaulting employer. (3) For the purposes of such recovery the chief inspector may certify the costs to be recovered to the collector, who may recover the amount as an arrear of land revenue. Chapter IV:Section 11: Canteens Every plantation wherein one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and maintained by the employer for the use of the workers. Section 12: Creches (1) In every plantation wherein 50 or more women workers (including women workers employed by any contractor) are employed or were employed on any day of the preceding 12 months, or where the number of children of women workers (including women workers employed by any contractor) in twenty or more, there shall be provided and maintained by the employer suitable rooms for the use of children of such women workers. Section 13: Recreational facilities The State Government may make rules requiring every employer to make provision in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed. Section 14: Educational facilities Where the children between the ages of six and twelve of workers employed in any plantation exceed twenty-five in number, the State Government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed. Section 15: Housing facilities It shall be the duty of every employer to provide and maintain necessary housing accommodation(a) for every worker (including his family) residing in the plantation; (b) for every worker (including his family) residing outside the plantation who has put in six months of continuous service in such plantation and who has expressed a desire in writing to reside in the plantation : Provided that the requirement of continuous service of six months under this clause shall not apply to a worker who is a member of the family of a deceased worker who, immediately before his death, was residing in the plantation. Liabilities of employer in respect of accidents resulting from collapse of houses provided as per provisions of Workmens Compensation Act. Application for payment of compensation under section 16 A of Plantation Labour Act may be made to the commissioners to determine the amount of compensation. Section 17: Other facilities The State Government may make rules requiring that in every plantation the employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other like amenities for the protection of workers from rain or cold as may be prescribed. Section 18: Welfare officers (1) In every plantation wherein 300 hundred or more workers are ordinarily employed the employer shall employ such number of welfare officers as may be prescribed. (2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under subsection (1). Working Hours (a) Adult- 48 hours per week. Adolescent/Child Worker- 27 hours per week

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(b) 1day of rest every week for all. (c) No worker shall work for more than five hours before he has had an interval for rest for at least half an hour. (d) The period of work of an adult worker in a plantation shall not spread over more than twelve hours including the time spent in waiting for work on any day. Section 25: Night work for women and children Except with the permission of the State Government, no woman or child worker shall be employed in any plantation otherwise than between the hours of 6 a.m. and 7 p.m. : Provided that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation. Section 26: Non-adult workers to carry tokens No child [* * *] and no adolescent shall be required or allowed to work in any plantation unless(a) a certificate of fitness granted with the reference to him under Section 27 is in the custody of the employer; and (b) such child or adolescent carries with him while he is at work a token giving a reference to such certificate. Section 30: Annual leave with wages (1) Every worker shall be allowed leave with wages for a number of days calculated at the rate of(a) if an adult, one day for every twenty days of work performed by him, and (b) if a young person, one day for every fifteen days of work performed by him : [* * *] Explanation (1).- For the purposes of calculating leave under this sub-section,(a) any day on which no work or less than half a day's work is performed shall not be counted, and (b) any day on which half or more than half a day's work is performed shall be counted as one day. (2) If a worker does not in any one period of twelve months take the whole of the leave allowed to him under sub-section (1), and leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding period of twelve months. (3) A worker shall cease to earn any leave under this section when the earned leave due to him amounts to thirty days. (4) If the employment of a worker who is entitled to leave under this section is terminated by the employer before he has taken the entire leave to which he is entitled, the employer shall pay him the amount payable under Section 31 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after such termination. Section 32: Sickness and maternity benefits (1) Subject to any rules that may be made in this behalf, every worker shall be entitled to obtain from his employer(a) in the case of sickness certified by a qualified medical practitioner, sickness allowance, and (b) if a woman, in case of confinement or expected confinement, maternity allowance, at such rate, for such period and at such intervals as may be prescribed. (2) The State Government may make rules regulating the payment of sickness or maternity allowance and any such rules may specify the circumstances in which such allowance shall not be payable or shall cease to be payable, and in framing any rules under this section the State Government shall have due regard to the medical facilities that may be provided by the employer in any plantation. Chapter IV:Section 32-A: Notice of accident Where in any plantation, an accident occurs which causes death or which causes any bodily injury to a worker by reason of which the worker injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such a nature as may be prescribed in this behalf, the employer thereof shall send notice thereof to such authorities, in such form, and within such time, as may be prescribed.

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Section 32-B: Register of accidents The employer shall maintain a register of all accidents which occur in the plantation in such form and in such manner as may be prescribed. Chapter V:Section 33: Obstruction (1) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorized by or under this Act in relation to any plantation, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Section 34: Use of false certificate of fitness Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under Section 27 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both. Section 35: Contravention of provisions regarding employment of labour Whoever, except as otherwise permitted by or under this Act, contravenes any provision of this Act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Section 37: Enhanced penalty after previous conviction If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both : Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. Chapter VI:Miscellaneous Section 41: Power to give directions The Central Government may give directions to the Government of any State as to the carrying into execution in the State of the provisions contained in this Act. Section 42: Power to exempt The State Government may, by order in writing, exempt, subject to such conditions and restrictions as it may think fit to impose, any employer or class of employers from all or any of the provisions of this Act : Provided that no such exemption other than an exemption from Section 19 shall be granted except with the previous approval of the Central Government. Section 43: General power to make rules (1) The State Government may, subject to the condition of previous publication, make rules to carry out the purposes of this Act : Provided that the date to be specified under clause (3) of Section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed rules was published. (2) In particular, and without prejudice to the generality of the foregoing power, any such rules may provide for(a) the qualifications required in respect of the chief inspector and inspector;

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(b) the powers which may be exercised by inspectors and the areas in which and the manner in which such powers may be exercised; (c) the medical supervision which may be exercised by certifying surgeons; (d) the examination by inspectors or other persons of the supply and distribution of drinking water in plantations; (e) appeals from any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeals may be preferred; (f) the time within which housing, recreational, educational or other facilities required by this Act to be provided and maintained may be so provided; (g) the types of latrines and urinals that should be maintained in plantations; (h) the medical, recreational and educational facilities that should be provided in plantations; (i) the form and manner in which notices of period of work shall be displayed and maintained; (j) the registers which should be maintained by employers and the returns, whether occasional or periodical, as in the opinion of the State Government may be required for the purposes of this Act; [* * *] (k) the hours of work for a normal working day for the purpose of wages and overtime. (l) any other matter which is required to be, or may be prescribed. (3) All rules made under this Act shall, if made by any Government, other than the Central Government, be subject to the previous approval of the Central Government. (4) Every rule made by the State Government under this act shall be laid as soon as it is made, before the state legislature THE APPRENTICES ACT, 1961 Objectives:Apprentices Act, 1961 was enacted with the following objectives: 1. to regulate the programme of training of apprentices in the industry so as to conform to the syllabi, period of training etc, as laid down by the Centrl Apprenticeship Council. 2. To utilize fully the facilities available in industry for imparting practical training with a view to meeting the requirements of skilled manpower for industry. Evolution of Apprenticeship Training Scheme:1. National Apprenticeship Scheme started in 1959 on Voluntary Basis. 2. Apprenticeship Act enacted in 1961 and implemented w.e.f 1.3.1962. 3. Initially the Act envisaged training of trade apprentices. 4. The act was amended in 1973 to include training of Graduate and Diploma Engineers as Graduate & Technician apprentices. 5. The Act was further amended I 1986 to bring within its purview the training of the 10+2 vocational stream as Technician(Vocational) Apprentices. Monitoring of the Implementation of the Act: 1. Overall responsibility is with the Directorate General of Empoyment & Training (DGE&T) in the Union Ministry of Labour 2. DGE&T is also responsible for implementation of the Act in respect of Trade Apprentices in the Central Government undertaking & Departments. Tis is done through six Regional Directorates of Apprenticeship Training located at Kolkata, Mumbai, Chennai, Hyderabad, Kanpur & Faridabd. 3. State Apprenticeship- Advisors are responsible for implementation of the Act in respect of Trade Apprentices in the State Government Undertakings/ Departments and Private Establishments. 4. Department of Education in the Ministry of HRD is responsible for implementation of the Act in respect of Graduate, Technician & Technician (Vocational) Apprentices. This is done through four Boards of Apprenticeship Training located at Kanpur, Kolkata, Mumbai.

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Central Apprenticeship Council: 1. It is an apex statutory body. It advises the Government on laying down policies and prescribing norms & standards in respect of Apprenticeship Training scheme (ATS). 2. It is a tripartite by constitution with the members from government both Central and State/Uts ,Employers and Trade Unions. 3. Union Labour Minister is the Chairman and Minister of State for Education in the Union Ministry of HRD is the Vice Chairman. Coverage: 1. It is obligatory on the part employers both in Public and Private Sector establishment having requisites training infrastructure as laid down in the Act, to engage apprentices. 2. 254 groups of industries covered under the Act. 3. About 17, 800 establishments engage apprentices. Stipend: 1. Trade apprentices are paid stipend at following rates: Rs.1090 p.m for 1 st year, Rs.1240 for 2nd year, Rs.1440 for 3rd and 1640 p.m for 4th year. 2. The expenditure on stipend for trade apprentices is borne by the employers. 3. Expenditure on stipend for the categories of Graduate, Technician & Technician (Vocational) apprentices is shared equally between the employer and the Central Government. 4. Rates of stipend are revised every 2 years based on Consumer Price Index. Training of Trade Apprentices: 1. 140 trades in 31 trade groups have been designated. 2. Qualifications vary from Class VIII pass to Xii class pass (10+2) system. 3. Minimum age is 14 years. 4. Period of training varies from 6 months to 4 years. 5. Apprenticeship Training is linked with Craftsmen Training conducted in Industrial Training Institutes(ITI s) for 92 trades. Rebate in period of Apprenticeship Training is allowed to pass-outs from ITI s in relevant trades. 6. Training comprises Basic Training, Shop Floor Training and Related Instructions as per prescribed syllabus for each trade. 7. Basic Training & Related Instructions are conducted in Basic Training Centers (BTCs) or Related Instruction Centers (RICs) set up within the establishments or in a BTC or RIC set up by the government. 8. Seats for trade apprentices are located by the Apprenticeship Advisor on the basis of prescribed ratio of Apprentices to Workers and availability of training facilities. 9. Engagement of trade apprentices is done twice a year (February/March and August/September) 10. Every apprentice and employer have to enter into a contract of apprenticeship training which is registered by the Apprenticeship Advisors. 11. Employers and apprentices have to fulfill their obligations under the Act. Testing and Certification of Trade Apprentices: 1. All India Trade Test (AITT) for trade apprentices are conducted by National Council of Vocational Training (NCVT) twice a year (October/November and April/May). 2. National Apprenticeship Certificate (NAC) are awarded to those who pass the AITT. 3. NAC recognized for employment under Government/Semi-Government Departments/Organisations. Skill Competition of Trade Apprentices: 1. With aview to fostering healthy competition among apprentices as well as establishments, skillcompetition is organized at local, regional & All India levels. 2. Skill competition is held for 11 trades namely Fitter, Machinist, Turner, Welder, Electrician, Mechanic (Motor Vehicle), Tool &Die maker, Instrument Mechanic, Draughtsman (Mechanical), Millwright Mechanic Maintenance and Electronics Mechanic. 3. TRAINING OF GRADUATE, TECHNICIAN AND TECHNICIAN (VOCATIONAL APPRENTICES) 4. 101 subject fields have been designated for the category of Graduate & Technician apprentices. 5. 94 subjects fields have been designated for the category of Technician (Vocational) apprentices. 6. Period of post qualification training for these categories is 1 year. 7. Seats are located based on managerial/supervisory posts and training facilities. 8. Training programme is prepared in joint consultation between Apprenticeship Advisor Establishment concerned. 9. Certificates are awarded on completion of training by the Department of Education, Ministry of Human Resource Development.

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West Bengal Shops & Establishment Act, 1963

Section1: Short Title, extent, commencement and application:1. This Act may be called the West Bengal Shops & Establishment Act, 1963. 2. It extends to whole of Bengal. 3. It shall come into force on such date as the state government may, by notification, appoint. 4. It shall apply to the areas and the classes of shops and establishments to which the Bengal Shops & Establishments Act. 1940(Ben. Act XVI of 1940) applied immediately before the commencement of this Act, and shall also apply to such other classes of shops or establishments as the State Government may, by notification, specify in this behalf. Section :Definition:1. closed means not open for the service of any customer or for any other purpose whatsoever relating to business. 2. commercial establishment means an advertising, commission, forwarding or commercial agency, or a clerical department of a factory or any industrial or commercial undertaking, an insurance company, joint stockcompany, bank, brokers office or exchange, and establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession, and includes an establishment of any legal practitioner, medical practitioner, tax consultant, accountant or any other technical or professional consultant, a society registered under any enactment in force for the time being, charitable or other trust, whether registered or not, which carries on, whether for purposes of gin or not any business, trade or professionand such State Government may, after taking into consideration the commercial establishments for the purpose of this Act, but does not include a shop or an establishment for public entertainment or amusement. 3. establishment means a commercial establishment or an establishment for public entertainment or amusement. 4. establishment for public entertainment or amusement means a hotel, restaurant, eating-house, caf, cinema, theatre and includes such other class or classes of concerns or undertakings as the state government may, after taking into consideration the nature of their work, by notification, declare to be for the purposes of this Act, establishment for public entertainment or amusement but does not include a shop or commercial establishment. 5. half-day means a continuous period of five hours and a halfi. ii. 6. 7. 8. in the case of a shop or an establishment for public entertainment or amusement, beginning at the commencement, or ending on the termination, of the ordinary daily working hours of such shop or establishment, as the case may be. In the case of a commercial establishment, between the hours of eight oclock ante meridian and eight oclock post meridian.

9. 10. 11.

12. 13.

lock out and strike have the same meaning as in the Industrial Disputes Act,1947. notification means a notification published in the Official gazette. person employed used in relation to a shop or an establishment means a person wholly or principally employed in connection with the business of the shop or the establishment, but does not include an owner of the shop or the establishment or the husband, wife, child, father, mother, brother or sister of such an owner who lives with, nd is dependent on, such owner. prescribed means prescribed by rules made under this act. registering authority means the Chief Inspector of Shops and Establishments or any other person appointed in this behalf by the State Government as the registering authority for any area. shop means any premises ased wholly or in part for the sale of services to customers or for the wholesale or retail sale of commodities or articles, either for cash or on credit, and includes any offices, store-rooms, godowns or warehouses, whether in the same premises or elsewhere, used in connection with such sale and also includes such other class or classes of premises as the State Government may, after taking into consideration the nature of the work carried on there, by notification, declare to be shops for the purposes of this Act, but does not include an establishment. Explanation If any doubt arises as to whether any premises are a shop or a commercial establishment or an establishment for public entertainment or amusement, the question shall be referred to the State Government by the registering authority, suo motu or on an application, and the decision of the State Government is final. Shop-keeper means a person owning or having charge of the business of a shop, and includes an agent or manager of, and any other person acting on behalf of such person in the general management or control of a shop. Wages means wages as defined in the Payment of wages Act, 1936

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Notification:No.3051-I.R. Date:-5th July, 1965 WHEREAS the governor thinks fit so to do in the public interest: Now, THEREFORE, in exercise of the power conferred by sub-section (2) of the Section 4 of the West Bengal Shops and establishments Act, 1963 (West Bengal Act XIII of 1963) and in suppression of this Department Notification No.3205-IR/IA3(B)/63 dated the 27th July, 1964, published at pages 2043 to 2044 of Part I of the Calcutta Gazette of the 13 th August, 1964, the Governor is pleased hereby to exempt generally the classes of shops and establishments mentioned in Column 1 of the schedule below from the operation of the provisions of the said Act mentioned in the corresponding entries in column 2 of the said schedule, subject to to the condition that before availing of the exemption hereby granted a shopkeeper or an employer shall intimate his intention so to do by notice in writing served either personally after obtaining an acknowledgement of service or by registered post with acknowledgement of service or by registered post with acknowledgement due, where the shop or establishment, as the case may be, is situated (a) Within Calcutta as defined in the Calcutta Municipal Act, 1951 to the Chief Inspector of Shops and Establishments. (b) Within any other area, to an Inspector of Shops and Establishment other than the Chief Inspector, having jurisdiction over such other area. SCHEDULE Clauses of Shops and Establishments 1. shops dealing mainly in medicines, surgical apparatus, bandages and other medical requisites. 2. Shops dealing exclusively in fresh(Le, non-tinned) vegetables, meat, fish, dairy products, bread, pastries, sweatmeats, flours and such other perishable commodities of daily consumption. 3. Offices and shops dealing exclusively in daily newspapers. 4. Shops dealing exclusively in tobacco, cigars, cheroots, cigarettes, bidis, pan, liquid refreshments or ice sold retail for consumption on the premises. 5. Shops dealing exclusively in articles required for funerals, burials or cremations. 6. Tea Stalls (where only prepared tea is served). 7. Shops dealing primarily with shops for supply of articles or stores required by them.

Provisions of the Act 1. Clause (a) of sub-section (1) of section 5, and subsection (1) of section 6. 2. Clause (a) of sub-section (1) of section5, and subsection (1) of section 6. 3. Clause (a) of subsection (1) of section 5 and sub-on (1) of section 6. 4. Clause (a) of sub-section (1) of section5. 5. Clause (a) of sub-section (1) of section 5 and subsection (1) of section 6. 6. Clause (a) of subsection (1) of section 5, and subsection (1) of section6. 7. Clause (a) subsection (1) of section 5, and subsection (1) of section6.

Section 5: Holidays in Shops and Establishments:1. In each weeki. Every shop or commercial establishments shall remain entirely closed on, and every person employed in a shop or an establishment shall be allowed as holiday, at least one day and half day next preceding or net following such day. ii. No deduction on account of any holiday will be allowed under subsection (i) shall be made from the wages of any person employed in a shop or an establishment, and even if such person is employed on the basis of no work, no pay, he shall be paid for such holiday the wages which he would have been entitled to had he not been allowed the holiday. iii. The day and the half day during which a shop or an establishment shall be entirely closed in each week under clause (a) of sub-section (i) shall, subject to the provisions of subsection (4), be determined from time to time by the shopkeepers or employer, as the case may be, and shall be specified by him in a notice, which shall be displayed in a conspicuous place in the shop or the establishment. Provided that the day and the half ady so determined shall not be altered more than once in any year. 2. The state government may, if it thinks fit to do so in the public interest, by notification, specify any particular area and the day or both the day and the half day during which all or any class or classes of shops or establishment in such area shall

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be entirely be closed under clause (a) of subsection (iii) by the shopkeeper or employer of every shop or establishment of such class or classes in such area, and the provisions of this Act shall accordingly apply. Section 6: Hours of work in shops:1. In no shop shall the hour of opening be earlier than eight oclock ante meridian or the hour of closing be later than eight oclock post meridian. Provided that the state government or any officer empowered in this behalf by the state government thinks fit so to do in the public interest, the state government or such officer may, by notification, change such limits of the hours of opening and closing of shops either generally or for any particular area of fix uniform hour of opening and closing of all or any clas or clases of shops in any particular area. No person employed in a shop shall be required or permitted to work in such shop for more than eight hours and a half in any one day or for more than forty eight hours I any week or after the hour of closing of such shop. Provided that in any day and in any week in which stock-taking, making up accounts or such other business operation as may be prescribed takes place in any shop, a person employed in the shop may be required or permitted to work overtime I such shop so, however, thati. The total number of hours of his work including overtime work shall not exceed ten hours in any one day. ii. The total number of hours worked overtime by him shall not exceed one hundred and twenty hours in any one year. 3. No person employed in a shop shall be required or permitted to work in such shop for more than five hours and half in any one day, unless he has been allowed an interval for rest of at least one hour. 4. The periods of work and intervals for rest of every person employed in a shop shall be arranged by the shopkeeper so that together they do not extend over more than ten hours and a half in any one day. 2. Section 7: Hours of work in an establishment:i. ii. In no hotel, restaurant, eating-house or caf shall the hour of closing be later than eleven oclock post meridian. No person employed in an establishment shall be required or permitted to work in such establishment for more than eight hours an any one week or after the hour of closing of such establishment. Provided that a person employed in an establishment may required or permitted to work overtime in such establishment so, however, that:That total number of hours of his work including overtime work shall not exceed ten hours in any one day. b) The total number of hours worked overtime by him shall not exceed one hundred and twenty hours in any one year. c) No person employed in an establishment shall be required or permitted to work in such establishment for more than (five hours and half) in any one day, unless he has been allowed an interval for rest of at least one hour during that day. a) Section 8: Special Provisions for young persons:Not withstanding anything contained elsewhere in this Acti. No young person employed in a shop or an establishment for more than seven hours in any one day or for more than forty hours in any one week. ii. The periods of work of and young person employed in a shop oran establishment during each day shall be fixed that no such person shall work for more than four hours before he has an interval for rest of at least one hour. Section 8A: Benefits under other laws:Notwithstanding anything contained in this Act, benefits admissible to a young person undertaker any other law in force for the time being shall also be enjoyed by a youg person undertaker this act in addition to, and not in derogation of , the benefit provided under this act.. for the purpose of this section, the benefits admissible under any other law in force shall include the facility of school education and entitlement, of residence in the place of work. Section 9: Restriction of employment of children:No child who has not completed the age of twelve years shall be employed in any shop or establishment. Section 10: Restriction of employment of young person shall or women:No young person shall be required or permitted to work in any shop or establishment after eight oclock post meridian and no women shall be allowed or permitted to work-

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In any establishment for public entertainment or amusement other than a cinema or a theatre, after six oclock post meridian. b) In any shop or commercial establishment, after eight oclock post meridian. a) Section 11: Leave:A person employed in a shop or an establishment shall be entitled:a) For every completed year of continuous services, to privilege leave on full pay for fourteen days. b) In every year, to sick leave on half pay for fourteen days on medical certificate obtained from a medical practitioner registered under the Bengal Medical Act, 1914 or any other law for the time being in force. c) In every year, to casual leave on full pay for ten days, d) In the case of women, to maternity leave in accordance with such rules as may be prescribed. Provided thati. ii. iii. Privilege leave admissible under clause (a) may be accumulated up to a maximum of not more than twenty eight days. Sick leave admissible under clause, (b) may be accumulated up to a maximum of not more than fifty six days. Casual leave admissible under clause shall not be accumulated.

Section 12: Person employed to be entitled to wages for the period of privilege leave in case of termination of service:Any person employed in a shop or an establishment whose services are terminated by or under the orders of the shopkeeper, or the employer shall be entitled to wages for the period privilege leave due to his credit at the time of such termination. Section 13: wages for overtime work:When any person employed in a shop or an establishment, the wages payable to such person in respect of such overtime, work shall be calculated at (twice) the ordinary rate of wages payable to him, and such ordinary rate of wages shall be calculated in such manner as may be prescribed. Provided that this section shall not operate to the prejudice of any higher rate of overtime wages granted under any agreement, award, custom or convention. Section 14: Payment and recovery of wages:1. All wages payable to a person employed in a shop or an establishment shall be paid not later than the tenth day of the month immediately succeeding that in respect of which such wages are payable. 2. Where any deduction has made from the wages of any person employed in a shop or an establishment or any payment of wages to such person has not been made within the date referred to in sub-section (1) such person may, within a period of six months from the date on which the deduction from the wages was made or from the date application to such officer or authority as the state government may, by notification, appoint in this behalf, for an order under sub-section (3). Provided that an application under this section may be admitted after the said period of six months if the applicant satisfies the officer or authority that he has sufficient cause for not making the application within such period. 3. The officer or authority to whom or to which any application under sub-section (2) is made may, after giving the applicant and the shopkeeper or employer concerned an opportunity of being heard and after making such further inquiry , if any , as may be necessary, by order direct without prejudice to any other action which may, under this act or any other law, lie against the shopkeeper or employer, the payment the applicant of the amount deducted from the wages or of the wages due, together with such compensation not exceeding ten times the amount deducted in the former case and not exceeding ten rupees in the latter, as the officer or authority may think fit. Provided that no direction for the payment of compensation shall be made in the case of delay in the payment of wages, if the officer or authority is satisfied that the delay was due to. a) A bona fide error or bona fide dispute as to the amount payable to the applicant . b) The occurrence of an emergency, or the existence of exceptional circumstances, such that the shopkeeper or the employer, as the case may be, was unable though excercising reasonable diligence, to make prompt payment. c) The failure of the applicant to apply for or accept payment.

4. If on hearing any application made under sub-section (2) the officer or authority is satisfied that it was either malicious or vexatious, the officer or authority may, by order direct that the penalty not exceeding fifty rupees be paid by the applicant to the shopkeeper or employer concerned.

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5. Any amount directed to be paid by an order under sub-section (3) or sub-section (4) may be recovered by any magistrate to whom the officer or authority making the order makes application in this behalf as if it were a fine imposed by such magistrate. 6. An appeal shall lie from an order of the officer or authority dismissing any application made under sub-section (2) or giving any direction under sub-section (3) or sub-section (4), if made within thirty days of the date on which the order was madea) Where the shop or establishment concerned is situated in any areas within Calcutta as defined in the Calcutta Police Act, 1886 (Ben. Act IV of 1866), to the Court of Small Causes, Calcutta. b) Where it is situated in any other areas, to the Munsif having jurisdiction over such other area. 6. Nothing in this section shall apply to any person to whom the Payment of Wages Act, 1936 (4 of 1936), applies under section 1 of that Act.

Section 15: Notice of termination of service:1. The services of a person employed in any shop or establishment, who has been in continuous service for not less than one year in such shop or establishment, shall not be terminated without giving him one months notice, I writing showing the reasons of such termination and until the period of notice has expired or until he has been paid, in lieu of such notice, wages for the period of such notice. 2. The person as aforesaid shall have the right to appeal to such authority and within such period as may be prescribed, either on the ground that there is no reasonable cause for terminating his services or on the ground that he has not been guilty of any misconduct, provided his services have been terminated on such ground 3. The decision of the appellate authority on such appeal shall be final. Section 16: Registration of Shops and Establishments:1. Every shopkeeper or employer shall: i. In the case of shops or establishments in existence on the date on which this act applies within such date as the state government may, by notification, specify. ii. In the case of new shops or establishments, if this act applies within such period as may be prescribed. Apply for registration under this act to the registering authority, in such form together with such fee, as may be prescribed. Every such application shall containa) The name of the shopkeeper or the employer. b) The postal address of the shop or the establishment. c) The name of the shop or establishment. d) Declaration of weekly closing days in the case of a shop. e) Such other particulars as may be prescribed. The registering authority on being satisfied about the correctness of the particulars, shall register the shop or the establishment in such manner as may be prescribed and shall issue a certificate or registration in the prescribed form to the shopkeeper or the employer. 2. The registering authority shall maintain a Register of Shops and Establishment in the prescribed form. 3. Every shopkeeper or employer shall display the certificate of registration issued under sub-sec (1) within a conspicuous place in the shop or the establishment. 4. Every shopkeeper or employer shall inform the registering authority in the prescribed form of any change in respect of any particulars contained in the application under sub-sec (1) within seven days after the change has taken place. Provide that the declaration of weekly closing days in the case of a shop shall not be changed more than once in any year. The registering authority, on the receipt of such information and on payment of such fee, as may be prescribed, shall if satisfied about the correctness of the information, make necessary changes in the Register of Shops and establishments and shall amend the certificate of registration or issue a fresh certificate of registration, if necessary. 5. A shopkeeper or an employer shall within fifteen days of the winding up of his business, inform the registering authority (and the employees of the shop or the establishment, as the case may be) in writing. The registering authority on being satisfied about the correctness of the information shall remove the name of the shop or the establishment from the Register of Shops and establishments and cancel the Certificate of Registration. 6. A shopkeeper or an employer shall apply to the registering authority in such form together with such fee, as may be prescribed, for renewal of the certificate of registration within thirty days after the expiry of three years from the date of the issue or renewal, as the case may be, of the certificate of registration.

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Section 17: Shopkeepers and employers to maintain and keep records etc:i. In every shop or establishment, the shopkeeper or employer concerned shall, for the purposes of this act maintained keep a register of employees in the prescribed form and such others registers, records and documents, and display such notices as may be prescribed and produce them on demand by the inspector. ii. The register of employees maintained and kept under sub-section (1) may, from time to time be inspected and signed by the persons employed in the shop or establishment. Section 18: Person employed to be furnished with letter of appointment:Every shopkeeper or employer shall furnish every person employed in his shop or establishment with a letter of appointment in such form as may be prescribed. Section 19: Appointment of Inspectors:i. The State Government may, by notification may appoint such persons or such class of persons as it thinks fit to be Inspectors for the purpose of this act. ii. All Inspectors appointed under sub-section (1) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act XLV of 1860). Section 20: Powers of Inspectors:Subject to rules made under this act, an Inspector appointed under section 19, may within the local limit for which he is appointed. a) Enter at all reasonable hours with such assistants if any as he may consider necessary, being persons in the service of the government any premises or place, where he has reason to believe there is a shop or an establishment, for inspecting any certificate of registration, records, registers, documents or notices required to be displayed or maintained and kept under this act or the rules made there under and require the production thereof for inspection. b) Examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is a person employed in the shop or the establishment. c) Seize, when so authorized under orders of such superior officer as may be prescribed, or take copies of such registers, records, documents or notices or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believehas been committed by the shopkeeper or employer. The Factories Act, 1948 Registration / Licence for running the factory:According to Sec. 2 of the Factories Act, 1948, a premises will be considered to be a factor only if: a) There is a manufacturing process. b) The manufacturing process is carried on with the aid of power, and 10 or more workers are employed in the premises or The manufacturing process is carried on without the aid of power and 20 or more workers are employed in the premises. or The State Government has notified the unit as a factor under the enabling provisions of Section 85 of the Act. To run such a factory, a licence is needed. The steps in obtaining a licence to run the factory are: a) To submit application in the prescribed form in duplicate with original challan of correct fee deposited in R.B.I or Treasury related S.B.I., copy of Memorandum & Article of Association/Partnership Deed, copy of Trade Licence, NOC from W.B.P.C.B & etc. b) To submit the site and building plan. (section 6 read with appropriate rules) Section 6: Approval of the Site & Building plan An application for obtaining the prior permission for the site on which a factor is to be situated and for the construction or extension of the factory is to be submitted in the prescribed Form No. 1 along with the following documents / information. A flow chart of the manufacturing process with brief description. List of raw materials used, Intermediate and finished products (along with quantities). Plans (in duplicate and drawn to scale) Section 7A: General Duties of Employer The employer must ensue as far as reasonably practical safety, health and welfare of workers. It includes sharing of information, training and supervision.

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Section 7B: General Duties of Manufacturer / Designer / Importer Supplier The Manufacturer / Designer / Importer Supplier must ensure safety in design / construction and supply of adequate information on safety. They should follow standard of the country from where being imported, if they are superior to India. Otherwise, follow the Indian Standard. Provisions for Safety: Section 21: Fencing of Machinery This is to provide fencing of all moving and dangerous parts and kept in position. Section 22: Work on or near machinery in motion This is to ensure that only specially trained adult male workers wearing tight fitting clothing are permitted. A Register of such persons should be maintained. Section 23: Employment of young persons on dangerous machines Only those young persons who had received sufficient training in work at the machines or is under adequate supervision by a person who has thorough knowledge and experience of the machines are allowed to work under this Section. Section 24: Striking gear and devices for cutting off power The provisions related to mechanical and electrical isolation should be provided, maintained and used for cutting off power in emergencies. Section 25: Self acting machines Traversing Part of self-acting machines are not to be allowed to reach 45 cm from any fixed structure to prevent any possible injury. Section 26: Casing of any new machinery Set screws, bolt or key, gears which does not require frequent adjustment should be completely encased. No one can sell or let on or procure the machine without above said encasing. Section 27: Prohibition of employment of women or children near cotton openers Women and Children are prohibited to work on or near the cotton openers. Section 28: Hoists and lifts Every hoist or lift should have good mechanical construction, properly maintained and examined by a competent person at least once every six months, Safe Working Lead (SWL) shall be marked and overloading not allowed. Hoist or lift used or carrying persons should be fitted with a gate for access, which should not open except when the cage is at the landing. Section 29: Lifting machines, chains, ropes and lifting tackles Every lifting machine (other than a hoist or lift) construction should be of good / properly maintained, and examined thoroughly by a competent person once in 12 months. Safe working load to be marked and machine not to be over loaded are the main characters of this section. Safe passage should be provided for employees to work on or near the wheel tracks (EOT cranes). Section 30: Revolving machinery Measures should be undertaken to prevent over speeding. Section 31: Pressure plant In the pressure vessels, pressure should not be exceeded to the safe working pressure. The pressure vessels should be examined regularly as per State Factory Rules. Section 32: Floors, stairs and means of access All floor, stairs and means of access should be free from all obstructions. They should be fully safe. Section 33: Pits, sumps, openings in floors etc Pits, sumps, openings in floors, etc. should be either covered or fenced. Section 34: Excessive weights The employees should not be allowed to carry excessive weight as it is likely to cause him injury. Section 35: Protection of eyes

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Effective means like screens or suitable goggles should be provided to prevent the risk to eyes from particles / excessive light. Section 36: Precautions against dangerous fumes, gases, etc No person should be allowed to enter any confined space having risk till the dangerous vapour / gas / dust has been removed within permissible limit and tested by a competent person. Proper protective equipments should be provided for the employees going inside such space. Section 36A: Precautions regarding the use of portable electric light No light / electrical appliance beyond 24 Volts should be used in confined space unless adequate safety provisions are provided. If any inflammable material is likely to be present, no light / lamp other than that of flameproof construction should be permitted. Section 37: Explosive or Inflammable dust, gas etc Explosive or inflammable dust or gas plant should be effectively enclosed. Measures should be taken to prevent ignition. Section 38: Precautions in case of fire Safe means of escape, its familiarization to the workers and necessary fire fighting facilities should be ensured. Section 39: Power to require specifications of defective parts or tests of stability Government empowers itself to ask drawing specifications of defective parts etc. Section 40 & 40A: Safety of building and machines Under the provisions of this Section, all the buildings and equipments should be safe and should be maintained safe. It also empower Inspectors to prohibit use of any building, part of building or any part of the ways, machinery or plant which appear to be dangerous to human life, specifying measures to be taken and also prohibit till it is properly repaired or altered. Section 40B: Appointment of Safety Officer Every factory appointing more than 1,000 workers should employ at lease one safety officers. The number of safety officers, their qualification and conditions of service, should be as prescribed in the State Factory Rules. Provisions relating to hazardous processes. Section 7A / 41B: Safety Policy The new provisions require declaration of a Health & Safety policy by the Occupier, which should be communicated to the workers. It should be a written statement with respect to the health and safety of workers. Section 41B: Disclosure of Information A factory carrying on a hazardous process will have to disclose information on health hazards, and measures to overcome such hazards arising out of harmful exposure in the operations. Not only the workers employees in the factory are required to be informed, but also the local authority within whose jurisdiction the factory is situated, the general public in the vicinity of the factory and the Chief Inspector of Factories are also required to be informed of the hazards. Section 41C: Medical Examination Since exposure to dangerous substance can cause occupational diseases, the workers employed in a hazardous process should be subjected to medical examination before they are employed in the process. They should also be examined periodically to detect any deterioration in health. The Act requires the occupier to maintain accurate and up-to-date health records of workers employed in such hazardous processes. Further, such records should be made available to the workers. Section 41G: Safety Committee In every factory carrying out a hazardous process, workers participation in safety management will be ensured by setting up a Safety Committee which will be required to promote co-operation between workers and management for maintaining proper safety and health conditions at work and also to review periodically the measures taken. Section 41H: Right of workers to warn about imminent danger Workers can tell the management through the Safety Committee Members and also Inspector in case of imminent dangers. In such case, the Occupier shall take immediate remedial action. Section 45: First Aid Appliance As First Aid Box equipped with contents prescribed under State Factory Rules should be maintained and the same should be kept under the charge of a trained first aid.

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Provisions of Health & Welfare Measures under the Factories Act: Section 13: Ventilation and Temperature Effective and suitable prevention should be made in every factory in securing and maintaining adequate ventilation by circulation of fresh air and such temperature as would secure to workers therein reasonable condition of comfort and prevent to injury to health. Section 14: Dust and Fumes Every factory in which by reason of the manufacturing process, there is given of any dust or fumes such a nature of such to extend these injurious or offensive to workers, effective measures should be taken to prevent its inhalation and accumulation in any work room. Section 17: Lighting In every factory should be provided and maintained sufficient and suitable lighting natural or artificial or both. Section 42: Washing facilities Section 43: Facilities of storing, drying and clothing Section 44: Facilities for sitting Section 45: First-aid facilities Under Section 45 of the Factories Act prescribes that every factory during all the working hours First-aid Boxes or Cupboard with prescribed contents should be made available at the rate of at least one for every 150 workers ordinarily employed in the factory. These First-aid facilities shall be in the charge of a responsible person possessing a certificate in the First-aid Treatment recognized by the State Government and he should be readily available during working hours of the factory. In the factories employing more than 500 workers Ambulance Room should be provided and maintained. The staff and facilities should be as per West Bengal Factories Rules. Section 46: Canteen When 250 or more workers are ordinarily employed canteen or prescribed section has to be provided and maintained. Section 47: Rest Room / Shelter / Lunch Room Section (1) In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers: Provided that any canteen maintained in accordance with the provisions of Section 46 shall be regarded as part of the requirements of this sub-section: Provided further that where a lunch room exists no worker shall eat any food in the work room. (2) The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in cool and clean condition. (4) The State Government may(a) prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section ; (b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section. Section. 48: Creches Where more than thirty women workers are ordinarily employed a Creche on prescribed section has to be provided and maintained. Section. 49 : Welfare Officers In every factory wherein five hundred or more workers are ordinarily employed then Occupier should employ in the factory such number of Welfare Officers as under the prescribed Rules.

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Section 51: Weekly hours No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. Section 52: Weekly holidays (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and (ii) displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. (2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day and or the holiday to be cancelled, whichever is earlier. (4) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week. Section 53: Compensatory holidays (1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of Section 52, a workers is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. (2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed. Section 54: Daily hours Subject to the provisions of Section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day : Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this section may be exceeded in order to facilitate the change of shifts. Section 55: Intervals for rest (1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. (2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six. Section 56: Spread over The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under Section 55, they shall not spread over more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours. Section 57: Night shifts Where a worker in a factory works on a shift which extends beyond midnight,(a) for the purposes of Section 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four

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consecutive hours beginning when his shift ends ; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day. Section 58: Prohibition of overlapping shift (1) Work shall not be carried on in any factory by means of system of shifts so arranged that more than one relay of workers engaged in work of the same kind at the same time. (2) The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section(1). Section 59: Extra wages for overtime (1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. (2) For the purposes of sub-section (1), 'ordinary rate of wages' means the basic wages plus such allowance, including the cash equivalent of the advantage accruing through the concessional sale to worker of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work. (3)Where any workers in a factory are paid on a piecerate basis, the time rate shall be deemed to be equivalent to the daily average of their full time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be ordinary rates of wages of those workers : Provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earnings of the worker for the days on which he actually worked in the week in which the overtime work was done. Explanation.- For the purposes of this sub-section, in computing the earnings for the days on which the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded. (4) The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. Explanation 1.- "Standard family" means a family consisting of the worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units. Explanation 2.- "Adult consumption unit" means the consumption unit of a male above the age of fourteen years ; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit. (5) The State government may make rules prescribing(a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to worker of foodgrains and other article shall be computed ; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. Section 79: Annual leave with wages (1) Every worker who has worker for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year ; (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year. Explanation 1.- For the purpose of this sub-section-

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(a) any days of lay-off, by agreement or contract or as permissible under the standing order ; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks ; and (c) the leave earned in the years prior to that in which the leave is enjoyed ; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days. Explanation 2.- The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave. (2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year. (3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be , shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made(i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting ; and (ii) where the worker is superannuated or dies while in service, before the expiry of two month from the date of such superannuation or death. (4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less then half a day shall be omitted. (5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or subsection (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year : Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child : Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit. (6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of Section 2 of the Industrial Disputes Act, 1947 (XIV of 1947) : Provided further that the number of times in which leave may be taken during any year shall not exceed three. (7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6) ; and in such a case wages as admissible under Section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. (8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under Section 3 of the Industrial Disputes Act, 1947 (XIV of 1947), or a similar committee constituted under any other Act or if there is no such Works Committee or a similar committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated. (9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be

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renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Workers Committee or a similar committee, or as the case may be, in agreement with the representative of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed . (10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-section (8) and (9). (11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under Section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day. (12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal. Section 80: Wages during leave period (1) For the leave allowed to him under Section 78 or Section 79, as the case may be, a worker shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles: Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of foodgrains and other articles. (2) The cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. Explanation 1.- "Standard family" means a family consisting of a worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units. Explanation 2.- "Adult consumption unit" means the consumption unit of a male above the age of fourteen years ; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit. (3) The State Government may make rules prescribing(a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed ; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. Section 88: Notice of certain accident: Where in any factory an accident occurs which causes death or which caused any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, in such form and such time, as prescribed under the West Bengal Factories Rules. Section 88 A: Notice of certain dangerous occurrence: Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability, or not, the manager of the factory shall send notice thereof to such authorities and in such form and within such time, as prescribed under the Factories Rules. Section 89: Notice of certain diseases: Where any worker in a factory contacts any disease specified in the Third Schedule of the Factories Act, the manager of the factory shall send notice thereof to such authorities and in such form and within such time as prescribed under the Rules.

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Contract Labour (Regulation & Abolition) Act ,1970 Dos for Principal Employer. Dos : 1. 2. 3. 4. 5. Every Principal Employer who intends to employ contract labour shall make an application for granting registration of his establishment to Registering officer in Form I after depositing required fees. (Sec 7(1) and Rule 17(1) He will obtain a certificate of Registration from Registering Officer in Form II Every Principal Employer shall grant a certificate in Form V to the contractor engaged by him in order to enable the contractor to obtain licence. Every Principal Employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amount paid as wages [Section 21(2), Rule 72, 73(II)] In case the Contractor fails to make payment of wages within the prescribed period or makes short payment, then the Principal Employer shall be liable to make payment, of wages in full or the unpaid balance due, as the case may be, to the contractor labours employed by the contractor and recover the amount as paid from contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor (vide Rule 21(4). Every Principal Employer shall maintain in respect of each registered establishment where he employs contract labour a register in Form XIII vide Rule 29(1) and Rule 74. Every Principal Employer of a registered employment shall send annually a Return in Form XXV (in duplicate) so as to reach the Registering Officer concerned not later than the 15 th February following the end of the year to which it relates. Every Principal employer shall furnish the information or statistics in relation to contract labour sought for by Board, Committee, Labour Commissioner, West Bengal Registering or Licensing Officer, Inspector or any other authority [vide Rule 83(2)]

6. 7. 8.

Donts for Principal Employer : 1. 2. 3. 4. Without getting his establishment registered as per the provision of the Contract Labour Regulations Act no Principal Employer shall employ contract labour through any contractor (Vide Rule 9). No Principal Employer shall issue any work order or make any agreement with any contractor at wage rate which is less than the minimum wages fixed by Government for any scheduled employment. No Principal Employer shall engage any contractor who have not obtained any valid license or renewed that licence in time. No Principal Employer shall employ contract labour in any job/process/operation in his establishment which have been declared abolished by issuing a notification U/s 10(1) of the Contract Labour Regulations & Abolitions Act. Employee State Insurance Act , 1948 Section 1: Application It shall apply, in the first instance, to all factories (including factories belonging to the Government other than seasonal factories: [Provided that nothing contained in this sub-section shall apply to a factory or establishment belonging to or under the control of the Government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act. A factory or an establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power. Section 2: Definitions:"appropriate Government" means, in respect of establishments under the control of the Central Government or [a railway administration] or a major port or a mine or oilfield, the Central Government, and in all other cases, the [State] Government.

39

"confinement" means labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead "contribution" means the sum of money payable to the corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act. "dependant" means any of the following relatives of a deceased insured person, namely: (i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted [daughter] [(i-a) a widowed mother;] (ii) If wholly dependant on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm; (iii) if wholly or in part dependant on the earnings of the insured person at the time of his death; (a) a parent other than a widowed mother, (b) ~~ minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor, (c) a minor brother or an unmarried sister or a widowed sister if a minor, (d) a widowed daughter-in-law, (e) a minor child of a pre-deceased son, (f) a minor child of a pre-deceased daughter where no parent of the child is alive, or (g) a paternal grandparent if no parent of the insured person is alive;] "employment injury" means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India;) "employee" means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and(i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or (ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or (iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service; [and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment (or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment; but does not include-]] (a) any member of [the Indian] naval, military or air forces; or [(b) any person so employed whose wages (excluding remuneration for overtime work) exceed [such wages as may be prescribed by the Central Government] a month:

40

Provided that an employee whose wages excluding remuneration for overtime work) exceed [such wages as may be prescribed by the Central Government] a month at any time after (and not before) the beginning of the contribution period, shah continue to be an employee until the end of that period;] "exempted employee" means an employee who is not liable under this Act to pay the employees contribution ; "family" means all or any of the following relatives of an insured person, namely: (i) a spouse; (ii) a minor legitimate or adopted child dependent upon the insured person; (iii) a child who is wholly dependent on the earnings of the insured person and who is (a) receiving education, till he or she attains the age of twenty-one years, (b) an unmarried daughter; (iv) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the insured person, so long as the infirmity continues; (v) dependent parents;] "factory" means any premises including the precincts thereof(a) where on ten or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or (b) whereon twenty or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed. "insured person" means a person who is or was an employee in respect of whom contributions are or were payable under this Act and who is, by reason thereof, entitled to any of the benefits provided by this Act. "permanent partial disablement" means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement: Provided that every injury specified in Part II of the Second Schedule shall be deemed to result in permanent partial disablement. "permanent total disablement" means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement. Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the Second Schedule or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries; amounts to one hundred per cent or more. "seasonal factory" means a factory which is exclusively .engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year-

41

(a) in any process of blending, packing or repacking of tea or coffee; or (b) in such other manufacturing process as the Central Government may; by notification in. the Official Gazette, specify; "temporary disablement" means a condition resulting from an employment injury which requires medical treatment and renders an employee, us a result of such injury, temporarily incapable of [doing. the work which he was doing prior to or at the time of injury] "wage period" in relation to an employee means the period in respect of which wages are ordinarily payable to him whether in terms of the contract of employment, express or implied or otherwise. Section 2-A: Registration of Factories and Establishments:Every factory or establishment to which this act applies shall be registered within such time and in such manner as may be specified in the regulations made in this behalf. Section 7: Authentication of orders, decisions, etc:All orders and decisions of the Corporation shall be authenticated by the signature of the Director-General of the Corporation and all other instruments issued by the Corporation shall be authenticated by the signature of the DirectorGeneral or such other officer of the corporation as may be authorised by him. Section 10: Medical Benefit Council (1) The Central Government shall constitute a Medical Benefit Council consisting of(a) the Director-General, Health Services, ex officio, as Chairman; (b) a Deputy Director-General, Health Services, to be [appointed] by the Central Government; (c) the Medical Commissioner of the Corporation, ex officio; (d) one member each representing each of the [States (other than Union territories)] in which this Act is in force] to be [appointed] by the [State] Government concerned; (e) three members representing employers to be [appointed] by the Central Government in consultation with such organisations of employers as may be recognised for the purpose by the Central Government; (f) three members representing employees to be [appointed] by the Central Government in consultation with such organisations of employees as may be recognised for the purpose by the Central Government; and (g) three members, of whom not less than one shall be a woman, representing the medical profession, to be [appointed] by the Central Government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the Central Government. (2) Save as otherwise expressly provided in this Act, the term of office of a member of the Medical Benefit Council, other than a member referred to in any of the clauses (a) to (d) of sub-section (I), shall be four years from the date on which his [appointment) is notified: [Provided that a member of the Medical Benefit Council shall, notwithstanding the expiry of the said period of four years, continue to hold office until the [appointment] of his successor is notified.] (3) A member of the Medical Benefit Council referred to in clauses (b) and (d) of sub-section (I) shall hold office during the pleasure of the Government [appointing] him. Section 22: Duties of Medical Benefit Council The Medical Benefit Council shall(a) advise [the Corporation and the Standing Committee] on matters relating to the administration of medical benefit, the certification for purposes of the grant of benefits and other connected matters;,

42

(b) have such powers and duties of investigation as may be prescribed in relation to complaints against medical practitioners in connection with medical treatment and attendance; and (c) perform such other duties in connection with medical treatment and attendance as may be specified in the regulations. Section 26: Employees' State Insurance Fund (1) All contributions paid under this Act and all other moneys received on behalf of the Corporation shall be paid into a Fund called the Employees' State Insurance Fund which shall be held and administered by the Corporation for the purposes of this Act. . (2) The Corporation may accept grants, donations and gifts from the Central or any State Government, [* * *] local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this Act. (3) Subject to the other provisions contained in this Act and to any rules or regulations made in this behalf, all moneys accruing or payable to the said Fund shall be paid into the Reserve Bank of India or such other bank as may be approved by the Central Government to the credit of an account styled the account of the Employees' State Insurance Fund.] (4) Such account shall be operated on by such officers as may be authorised by the Standing Committee with the approval of the Corporation. Section 28: Purposes for which the Fund may be expended Subject to the provisions of this Act and of any rules made by the Central Government in that behalf, the Employees' State Insurance Fund shall be expended only for the following purposes, namely(i) payment of benefits and provision of medical treatment and attendance to insured persons and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this Act and defraying the charges and costs in connection therewith; (ii) payment of fees and allowances to members of the Corporation, the Standing Committee and the Medical Benefit Council, the Regional Boards, Local Committees and Regional and Local Medical Benefit Councils; (iii) payment of salaries, leave and joining time allowances, travelling and compensatory allowances, gratuities and compassionate allowances, pensions, contributions to provident or other benefit fund of officers and servants of the Corporation and meeting the expenditure in respect of officers and other services set up for the purpose of giving effect to the provisions of this Act; (iv) establishment and maintenance of hospitals, dispensaries and other institutions and the provision of medical and other ancillary services for the benefit of insured persons and, where the medical benefit is extended to their families; their families; (v) payment of contributions to any State Government, [* * *] local authority or any private body or individual, towards the cost of medical treatment and attendance provided to insured persons and, where the medical benefit is extended to their families, their families including the cost of any building and equipment, in accordance with any agreement entered into by the Corporation; (vi) defraying the cost (including all expenses) of auditing the accounts of the Corporation and of the valuation of its assets and liabilities; (vii) defraying the cost (including all expenses) of the Employee's Insurance Courts set up under this Act; (viii) payment of any sums under any contract entered into for the purposes of this Act by the Corporation or the Standing Committee or by any officer duly authorised by the Corporation or the Standing Committee in that behalf; (ix) payment of sums under any decree, order or award of any Court or Tribunal against the Corporation or any of its

43

officers or servants for any act done in execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the Corporation; (x) defraying the cost and other charges of instituting or defending any civil or criminal proceedings arising out of any action taken under this Act; (xi) defraying expenditure, within the limits prescribed, on measures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons who have been disabled or injured; and (xii) such other purposes as may be authorised by the Corporation with the previous approval of the Central Government. Section 36: Budget, audited accounts and the annual report to be placed before Parliament The annual report, the audited accounts of the Corporation, [together with the [the report of the Comptroller and Auditor-General of India thereon and the comments of the Corporation on such report under Section 34] and the budget as finally adopted by the Corporation shall be placed before [Parliament] Section 38: All employees to be insured Subject to the provisions of the Act, all the employees in factories or establishments to which this Act applies shall be insured in the manner provided by this Act. Section 39: Contributions (1) The contribution payable under this Act in respect of an employee shall comprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the Corporation. [(2) The contributions shall be paid at such rates as may be prescribed by the Central Government: Provided that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the Employees' State Insurance (Amendment) Act, 1989.] [(3) The wage period in relation to an employee shall be the unit in respect of which all contributions shall be payable under this Act.] (4) The contributions payable in respect of each [wage period] shall ordinarily fall due on the last day of the [wage period], and where an employee is employed for part of the [wage period], or is employed under two or more employers during the same [wage period], the contributions shall fall due on such days as may be specified in the regulations. (5) (a) If any contribution payable under this Act is not paid by the principal employer on the date on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the regulations till the date of its actual payment: Provided that higher interest specified in the regulations shall not exceed the lending rate of interest charged by any scheduled bank. (b) Any interest recoverable under clause (a) may be recovered as an arrear of land revenue or under Section 45-C to Section 45-I. Explanation: In this sub-section, "scheduled bank" means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934.] Section 40: Principal employer to pay contributions in the first instance (1) The principal employer shall pay in respect of every employee, whether directly employed by him or by or through an immediate employer,, both the employer's contribution and the employee's contribution. (2) Notwithstanding anything contained in any other enactment but subject to the provisions of this Act and the

44

regulations, if any, made thereunder, the principal employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by deduction from his wages and not otherwise: Provided that no such deduction shall be made from any wages other than such as relate to the period or part of the period in respect of which the contribution is payable, or in excess of the sum representing the employee's contribution for the period. (3) Notwithstanding any contract to the contrary, neither the principal employer nor the immediate employer shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him. (4) Any sum deducted by the principal employer from wages under this Act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. (5) The principal employer shall bear the expenses of remitting the contributions to the Corporation. Section 41: Recovery of contribution from immediate employer (1) A principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as employee's contribution, if any), from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer. (1-A) The immediate employer shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the principal employer before the settlement of any amount payable under subsection (1).] (2) In the case referred to in sub-section (1), the immediate employer shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to the conditions specified in the proviso to sub-section (2) of Section 40. Section 42: General provisions as to payment of contributions (1) No employee's contribution shall be payable by or on behalf of an employee whose average daily wages 5-~[during a wage period are below 54[such wages as may be prescribed by the Central Government]. Section 43: Method of payment of contribution Subject to the provisions of this Act, the Corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this Act and without prejudice to the generality of the foregoing power such regulations may provide for(a) the manner and time of payment of contributions; (b) the payment of contributions by means of adhesive or other stamps affixed to or impressed upon books, cards or otherwise and regulating the manner, times and conditions in, at and under which, such stamps are to be affixed or impressed. [(bb) the date by which evidence of contributions having been paid is to be received by the Corporation;] (c) the entry in or upon books or cards of particulars of contributions paid and benefits distributed in the case of the insured persons to whom such books or cards relate; and (e) the issue, sale, custody, production, inspection and delivery of books or cards and the replacement of books or cards which have been lost, destroyed or defaced Section 44: Employers to furnish returns and maintain registers in certain cases (1) Every principal and immediate employer shall submit to the Corporation or to such officer of the Corporation as it may direct such returns in such form and containing such particulars relating to persons employed by him or to any factory or establishment in respect of which he is the principal or immediate employer as may be specified in regulations made in this behalf.

45

(2) Where in respect of any factory or establishment the Corporation has reason to believe that a return should have been submitted under sub-section (1) but has not been so submitted, the Corporation may require any person in charge of the factory, or establishment to furnish such particulars as it may consider necessary for the purpose of enabling the Corporation to decide whether the factory or establishment is a factory or establishment to which this Act applies. (3) Every principal and immediate employer shall maintain such registers or records in respect of his factory or establishment as may be required by regulations made in this behalf.) Section 45-A: Determination of contributions in certain cases (1) Where in respect of a factory or establishment no returns, particulars, registers or records are submitted, furnished or maintained in accordance with the provisions of Section 44 or any Inspector or other official of the Corporation referred to in sub-section (2) of Section 45 is [prevented in any manner]65 by the principal or immediate employer or any, other person, in exercising his functions or discharging his duties under Section 45, the Corporation may, on the basis of information available to it, by order determine the amount of contributions payable in respect of the employees of that factory or establishment: [Provided that no such order shall be passed by the Corporation unless the principal or immediate employer or the person in charge of the factory or establishment has been given a reasonable opportunity of being heard.) (2) An order made by the Corporation under sub-section (1) shall be sufficient proof of the claim of the Corporation under Section 75 or for recovery of the amount determined by such order as an arrear of land revenue under Section 45-B [or the recovery under Section 45-C to Section 45-I]. Section 45-B: Recovery of contributions Any contribution payable under this Act may be recovered as an arrear of land revenue.] Section 45-C: Issue of certificate to the Recovery Officer (1) Where any amount is in arrear under this Act, the authorised officer may issue, to the Recovery Officer, a certificate under his signature specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the factory or establishment or, as the case may be, the principal or immediate employer by one or more of the modes mentioned below :(a) attachment and sale of the moveable or immovable property of the factory or establishment or, as the case may be, the principal or immediate employer; (b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the moveable or immovable properties of the factory or establishment or, as the case may be, the employer: Provided that the attachment and sale of any property under this section shall first be effected against the properties of the factory or establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears specified in the certificate, the Recovery Officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arrears. (2) The authorised officer may issue a certificate under sub-section (1) notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. Section 45-D: Recovery Officer to whom certificate is to be forwarded (I) The authorised officer may forward the certificate referred to in Section 45-C to the Recovery Officer within whose jurisdiction the employer(a) carries on his business or profession or within whose jurisdiction the principal place of his factory or establishment is situate; or

46

(b) resides or any moveable or immovable property of the factory or establishment the principal of immediate employer is situate. (2) Where a factory or an establishment or the principal or immediate employer has property within the jurisdiction of more than one Recovery Officer and the Recovery Officer to whom a certificate is sent by the authorised officer(a) is not able to recover the entire amount by the sale of the property, moveable or immovable, within his jurisdiction; or (b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the manner prescribed by the Central Government and specifying the mount to be recovered to the Recovery Officer within whose jurisdiction the factory or establishment or the principal or immediate employer has property or the employer resides, and thereupon that Recovery Officer shall also proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer. Section 45-E: Validity of certificate and amendment thereof (l) When the authorised officer issues a certificate to a Recovery Officer under Section 45-C, it shall not be open to the factory or establishment or the principal or immediate employer to dispute before the Recovery Officer the correctness of the amount, and no objection to the certificate on any other ground shall also be entertained by the Recovery Officer. (2) Notwithstanding the issue of a certificate to a Recovery Officer, the authorised officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the Recovery Officer. (3) The authorised officer shall intimate to the Recovery Officer any orders withdrawing or cancelling a certificate or any correction made by him under sub-section (2) or any amendment made under sub-section (4) of Section 45-F. Section 45-F: Stay of proceedings under certificate and amendment or withdrawal thereof (1) Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the authorised officer may grant time for the payment of the amount, and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted. (2) Where a certificate for the recovery of amount has been issued, that authorised officer shall keep the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. (3) Where the order giving rise to a demand of amount for which a certificate for recovery has been issued has been modified in appeal or other proceedings under this Act, and, as a consequence thereof, the demand is reduced but the order is the subject-matter of a further proceeding under this Act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. (4) Where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this Act, the authorised officer shall, when the order which was the subject-matter of such appeal or other proceeding has become final and conclusive, amend the certificate or withdraw it, as the case may be. Section 45-G: Other modes of recovery (1) Notwithstanding the issue of a certificate to the Recovery Officer under Section 45-C, the Director General or any other officer authorised by the Corporation may recover; the amount by any one or more of the modes provided in this section. (2) If any amount is due from any person to any factory or establishment or, as the case may be, the principal or

47

immediate employer who is in arrears, the Director General or any other officer authorised by the Corporation in this behalf may require such person to deduct from the said amount the arrears due from such factory or establishment or, as the case may be, the principal or immediate employer under this Act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Corporation: Provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under Section 60 of the Code of Civil Procedure, 1908 (5 of 1908). (3) (i) The Director General or any other officer authorised by the Corporation in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the factory or establishment or, as the case may be, the principal or immediate employer or any person who holds or may subsequently hold money for or on account of the factory or establishment or, as the case may be, the principal or immediate employer to pay to the Director General either forthwith upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the factory or establishment or, as the case may be, the principal or immediate employer in respect of arrears or the whole of the money when it is equal to or less than that amount. (ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the principal or immediate employer jointly with any other person and for the purposes of this subsection, the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal. (iii) A copy of the notice shall be forwarded to the principal or immediate employer at his last address known to the Director General or, as the case may be, the officer so authorised and in the case of a joint account to all the joint holders at their last addresses known to the Director General or the officer so authorised. (iv) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. (v) Any claim respecting any property in relation to which a notice under this sub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice: (vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the principal or immediate employer or that he does not hold any money for or on account of the principal or immediate employer, -then, nothing contained in this sub-section shall be deemed to require such person to pay any, such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Director General or the officer so authorised to the extent of his own liability to the principal or immediate employer on the date of the notice, or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. (vii) The Director General or the officer so authorised may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. (viii) The Director General or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section and the person so paying shall be fully discharged from his liability to the principal or immediate employer to the extent of the amount so paid. (ix} Any person discharging any liability to the principal or immediate employer after the receipt of a notice under this sub-section shall be personally liable to the Director General or the officer so authorised to the extent of his own liability to the principal or immediate employer so discharged or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. (x) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the Director General or the officer so authorised, he shall be deemed to be a principal or immediate employer in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of

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the amount as if it were an arrear due from him, in the manner provided in Sections 45-C to 45-F and the notice shall have the same effect as an attachment of a debt by the Recovery Officer in exercise of his powers under Section 45-C. (4) The Director General or the officer authorised by the Corporation in this behalf may apply to the court in whose custody there is money belonging to the principal or immediate employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. (5) the Director General or any officer of the Corporation may, if so authorised by the Central Government by general or special order, recover any arrears of amount due from a factory or an establishment or, as the case may be, from the principal or immediate employer by distraint and sale of its or his moveable property in the manner laid down in the Third Schedule to the Income Tax Act, 1961 (43 of 1961) Section 45-H: Application of certain provisions of the Income Tax Act. The provisions of the Second and Third Schedules to the Income tax Act, 1961, as in force from time to time, shall apply with necessary modifications as if the said provisions and time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount of contributions, interests or damages under this Act instead of to the income tax : Provided that any reference in the said provisions and the rules to the "assessee" shall be construed as a reference to a factory to a factory or an establishment or the principle or immediate employer under this Act.

Section 46: Benefits (1) Subject to the provisions of this Act, the insured persons [their dependants or the persons hereinafter mentioned, as the case my be] shall be entitled to the following benefits, namely (a) Periodical payments to any insured person in case of his sickness certified by a duly appointed medical practitioner [or by any other person possessing such qualifications and experience as the Corporation may, by regulations, specify in this behalf] (hereinafter referred to as sickness benefit); (b) Periodical payments to an insured woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);] (c) Periodical payments to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this Act and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit); (d) Periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained as an employee under this Act, as are entitled to compensation under this Act (hereinafter referred to as dependants' benefit); (e) Medical treatment for an attendance on insured persons (hereinafter referred to as medical benefit); [and] (f) Payment to the eldest surviving member of the family of an insured person who has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person (to be known as [funeral expenses]) Provided that the amount of such payment shall not exceed [such amount as may be prescribed by the Central Government] and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the Corporation or any officer or authority authorised by it in this behalf may allow.] (2) The Corporation may, at the request of the appropriate Government, and subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured person. Section 49: Sickness benefit

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The qualification of a person to claim sickness benefit, the conditions subject to which such benefit may be given, the rates and period thereof shall be such as may be prescribed by the Central Government. Section 50: Maternity benefit The qualification of an insured woman to claim maternity benefit, the conditions subject to which such benefit may be given, the rates and period thereof shall be such as may be prescribed by the Central Government. Section 51: Disablement benefit Subject to the provisions of this Act (a) a person who sustains temporary disablement for not less than three days (excluding the day of accident), shall be entitled to periodical payment [at such rates and for such period and subject to such conditions as may be prescribed by the Central Government ]; (b) a person who sustains permanent, whether total or partial, shall be entitled to periodical payment [at such rates and for such period and subject to such conditions as may be prescribed by the Central Government ] Section 51-B: Accidents happening while acting in breach of regulations, etc. An accident shall be deemed to arise out of and in the course of an insured person's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if (a) The accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and (b) The act is done for the purpose of and in connection with the employer's trade or business. Section 51-C: Accidents happening while travelling in employer's transport (1) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, by deemed to arise out of any in the course of his employment, if (a) the accident would have been deemed so to have arisen had he been under such obligation; and (b) at the time of the accident, the vehicle (i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and (ii) is not being operated in the ordinary course of public transport service. (2) In this section "vehicle" includes a vessel and an aircraft.) Section 51-D: Accidents happening while meeting emergency An accident happening to an insured person in or about any premises at which he is for the time-being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property. Section 52-A: Occupational disease (1) If an employee employed in any employment specified in Part A of the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in Part B of that Schedule for a continuous period of not less than six months contract any disease specified therein an occupational diseases peculiar to that employment or if an employee employed in any employment specified in Part C of that Schedule for such continuous period as the Corporation may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that

50

employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury" arising out of and in the course of employment. (2) (I) Where the Central Government or a State Government, as the case may be, adds any description of employment to the employment's specified in Schedule III to the Workmen's Compensation Act, 1923 (8 of 1923) by virtue of the pores vested in it under sub-section (3) of Section 3 of the said Act, the said description of employment and the occupational diseases specified under that sub-section as peculiar to that description of employment shall be deemed to form part of the Third Schedule. (iii) Without prejudice to the provisions of clause (I), the Corporation after giving, by notification in the Official Gazette, not less than three months' notice of its intention so to do may by a like notification, add any description of employment to the employment's specified in the third Schedule and shall specify in the case of section to be occupational diseases peculiar to those employments respectively and thereupon the provisions of this Act shall apply, as if such diseases had been declared by this Act to be occupational diseases peculiar to those employment. (3) Save as provided by sub-section (1) and (2) no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment. (4) The provisions of Section 51-A shall not apply to the cases to which this section applies.) Section 53: Bar against receiving or recovery of compensation or damages under any other law An insured person or his dependants shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen's Compensation Act, 1923 (8 of1923) or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act. Section 54: Determination of question of disablement Any question (a)Whether the relevant accident has resulted in permanent disablement; or (b)Whether the extent of loss of earning capacity can be assessed provisionally or finally; or (c) Whether the assessment of the proportion of the loss of earning capacity is provisional or final; or (d) In the case of provisional assessment, as to the period for which such assessment shall hold good; Shall be determined by a medical board constituted in accordance with the provisions of the regulations and any such question shall hereinafter be referred to as the "disablement question". Section 54-A: References to medical board and appeals to medical appeal tribunal and Employees' Insurance Courts (1) The case of any insured person for permanent disablement benefit shall be referred by the Corporation to a medical board for determination of the disablement question and if, on that or any subsequent reference, the extent of loss of earning capacity of the insured person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment. (2) If the insured person or the Corporation is not satisfied with the decision of the medical board, the insured person or the Corporation may appeal in the prescribed manner and within the prescribed time to (i) the medical appeal tribunal constituted in accordance with the provisions of the regulations with a further right of appeal in the prescribed manner and within the prescribed time to the Employees' Insurance Court, or (ii) Employees' Insurance Court directly:) (Provided that no appeal by a insured person shall lie under this sub-section if such person has applied for

51

commutation of disablement benefit on the basis of the decision of the medical board and received the commuted value of such benefit: Provided further that no appeal by the Corporation paid the commuted value of the disablement benefit on the basis of the decision of the medical board.) Section 56: Medical benefit (1) An insured person or (where such medical benefit is extended to her family) a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit. (2) Such medical benefit may be given either in the form of out-patient treatment and attendance in a hospital or dispensary, clinic or other institution. (3) A person shall be entitled to medical benefit during any [period] for which contributions are payable in respect of him or in which he is qualified to claim sickness benefit or maternity benefit [or is in receipt of such disablement benefit as does not disentitle him to medical benefit under the regulations]; Provided that a person in respect of whom contribution ceases to be payable under this Act may be allowed medical benefit for such period and of such nature as may be provided under the regulations: [Provided further that an insured person who ceases to be in insurable employment on account of permanent disablement shall continue, subject to payment of contribution and such other conditions as may be prescribed by the Central Government, to receive medical benefit till the date on which he would have vacated the employment on attaining the age of superannuation had he not sustained such permanent disablement. Provided also that an insured person, who has attained the age of superannuation, and his spouse shall be eligible to receive medical benefit subject to payment of contribution and such other conditions as may be prescribed by the Central Government. Section 57: Scale of medical benefit (1) An insured person and (where such medical benefit is extended to his family) his family shall be entitled to receive medical benefit is extended to his family) his family shall be entitled to receive medical benefit only of such kind and on such scale as may be provided by the State Government or by the corporation, and an insured person or, where such medical benefit is extended to his family, his family shall not have a right to claim any medical treatment except such as is provided by the dispensary, hospital, clinic or other institution to which he or his family is allotted, or as may be provided by the regulations. (2) Nothing in this Act shall entitle an insured person and (where such medical benefit is extended to his family) his family to claim reimbursement from the Corporation of any expenses incurred in respect of any medical treatment, except as may be provided by the regulations Section 58: Provision of medical treatment by State Government (1) The State Government shall provide for insured persons and (where such benefit is extended to their families) their families in the State, reasonable medical surgical and obstetric treatment; Provided that the State Government may, with the approval of the Corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon. (2) Where the incidence of sickness benefit payment to insured persons in any State is found to exceed the all-India average the amount of such excess shall be shared between the Corporation and the State Government in such proportion as may be fixed by agreement between them : Provided that the Corporation may in any case waive the recovery of the whole or any part of the share which is to be borne by the State Government. (4) The Corporation may enter into an agreement with a State Government in regard to the nature and scale of the medical treatment that should be provided to insured persons and (where such medical benefit is extended to the families) their families (including provision of buildings, equipment, medicines and staff) and for the sharing of the cost

52

thereof and of any excess in the incidence of sickness benefit to insured persons between the Corporation and the State Government. (5) in default of agreement between the Corporation and any State Government as aforesaid the nature and extent of the medical treatment to be provided by the State Government, and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the Corporation and that Government, shall be determined by the arbitrator (who shall be or shall have been a Judge of the [High Court [of a State]]) appointed by the Chief Justice of India (and the award of the arbitrator) shall be binding on the Corporation and the State Government. Section 59: Establishment and maintenance of hospitals, etc,. by Corporation The Corporation may, with the approval of the State Government, establish and maintain in a State such hospitals, dispensaries and other medical and surgical services as it may think fit for the benefit of insured persons and (where such medical benefit is extended to their families) their families. Section 62: Persons not to commute cash benefits Save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any [disablement benefit] admissible under this Act. Section 63: Persons not entitled to receive benefit in certain cases Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike. Section 65: Benefits not to be combined (1) An insured person shall not be entitled to receive for the same period (a) both sickness benefit and maternity benefit; or (b) both sickness benefit and disablement benefit for temporary disablement; or (c) both maternity benefit and disablement benefit for temporary disablement, (2) Where a person is entitled to more than one of the benefits mentioned in sub-section (1), he shall be entitled to choose which benefit he shall receive. Section 68: Corporation's rights where a principal employer fails or neglects to pay any contribution (1) If any principal employer fails or neglects to pay any contribution which under this Act he is liable to pay in respect of any employee and by reason thereof such person becomes disentitled to any benefit or entitled to a benefit on a lower scale, the Corporation may, on being satisfied that the contribution should have been paid by the principal employer, pay to the person the benefit at the rate to which he would have been entitled if the failure or neglect had not occurred and the Corporation shall be entitled to recover from the principal employer either [(I) the difference between the amount of benefit which is paid by the Corporation to the said person and the amount of the benefit which would have been payable on the basis of the contributions which were in fact paid by the employer; or ] (ii)twice the amount of the contribution which the employer failed or neglected to pay; Whichever is greater. (2) The amount recoverable under this section may be recovered as if it were an arrear of land revenue [or under Section 45-C to Section 45-I] Section 69: Liability of owner of occupier of factories, etc. for excessive sickness benefit (1) Where the Corporation considers that the incidence of sickness among insured persons is excessive by reason of (I) insanitary working conditions in a factory or establishment or the neglect of the owner or occupier of the factory or establishment to observe any health regulations enjoined on him by or under any enactment, or

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(II) insanitary conditions of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactment, the Corporation may send to the owner or occupier of the factory or establishment or to the owner of the tenements or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement the Corporation may refer the matter, with the statement in support of its claim, to the appropriate Government. (2) If the appropriate Government is of opinion that a prima facie case for inquiry is disclosed, it may appoint a competent person or persons to hold an inquiry into the matter. (3) If upon such inquiry it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons hall determine the amount of the extra expenditure incurred as sickness benefit, and the person or persons by whom that whole or any part of such amount shall be paid to the Corporation. (4) A determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a Civil Court. (5) For purposes of this section "owner" of tenements or lodgings shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the owner.

Section 72: Employer not to reduce wages etc. No employer by reason only of his liability for any contributions payable under this Act shall, directly or indirectly, reduce the wages of any employee, or except as provided by the regulations, discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this Act. Section 73: Employer not to dismiss or punish employee during period of sickness, etc. (1) No employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or other wise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee unfit for work. (2) No notice of dismissal or discharge or reduction given to an employee during the period specified in sub-section (1) shall be valid or operative. Section 73-A: Employer's special contributions (1) For so long as the provisions of this Chapter are in force, every principal employer shall, notwithstanding anything contained in this Act, pay to the Corporation a special contribution (hereinafter referred to as the employer's special contribution) at the rate specified under sub-section (3). (3) The employer's special contribution shall consist of such percentage, not exceeding five per cent of the total wage bill of the employer, as the Central Government may, by notification in the Official Gazette, specify from time to time. Provided further that the employer's special contribution in the case of factories or establishments situate in any area in which the provisions of the said Chapters are not in force. (4) The employer's special contribution shall fall due as soon as the liability of the employer to pay wages accrues, but may be paid to the Corporation at such intervals, within such time and in such manner as the Central Government may, by notification in the Official Gazette, specify, and any such notification may provide for the grant of a rebate for

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prompt

payment

of

such

contribution.

Section 74: Constitution of Employees' Insurance Court (1) The State Government shall, by notification in the Official Gazette, constitute an Employees' Insurance Court for such local area as may be specified in the notification. (2) The Court shall consist of such number of Judges as the State Government may think fit. (3) Any person who is or has been a judicial officer or is a legal practitioner of five year's standing shall be qualified to be a Judge of the Employees' Insurance Court. (4) The State Government may appoint the same Court for two or more local areas or two or more Courts for the same local area. (5) Where more than one Court has been appointed for the same local areas, the State Government may, by general or special order, regulate the distribution of business between them. Section 75: Matters to be decided by Employees' Insurance Court (1) If any question or dispute arises as to (a) whether any person is an employee within the meaning of this Act or whether he is liable to pay the employee's contribution, or (b) the rate of wages or average daily wages of an employee for the purposes of this Act, or (c) the rage of contribution payable by the principal employer in respect of any employee, or (d) the person who is or was the principal employer in respect of any employee, or (e) the right of any person to any benefit and as to the amount and duration thereof, or [(ee) any direction issued by the Corporation under Section 55-A on a review of any payment of dependant's benefits, or,] (f) [* * *] (g) any other matter which is in dispute between a principal employer and the Corporation, or between a principal employer and an immediate employer, or between a person and d the Corporation or between an employee and a principal or immediate employee, in respect of any contribution or benefit or other dues payable or recoverable under this Act, [or any other matter required to be or which may be decided by the Employees' Insurance Court under this Act], such question or dispute [subject to the provisions of sub-section (2-A)] shall be decided by the Employees' Insurance Court in accordance with the provisions of this Act. (2) [Subject to the provisions of sub-section (2-A), the following claims] shall be decided by the Employees' Insurance Court, namely, (a) claim for the recovery of contributions from the principal employer; (b) claim by a principal employer to recover contributions from any immediate employer; (c) [Omitted]; (d) claim against a principal employer under Section 68;

55

(e) claim under Section 70 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; and (f) any claim for the recovery of any benefit admissible under this Act. [(2-A) If in any proceedings before the Employees' Insurance Court a disablement question arises and the decision of a medical board or a medical appeal tribunal has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Employees' Insurance Court, that Court shall direct and Corporation to have the question decided by this Act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case maybe, except where an appeal has been filed before the Employees' Insurance Court under sub-section (2) of Section 54-A in which case the Employees' Insurance Court may itself determine all the issues arising before it.] [(2-B) No matter which is in dispute between a principal employer and the Corporation in respect of any contribution or any other due shall be raised by the principal employer in the Employees' Insurance Court unless he has deposited with the Court fifty per cent of the amount due from him as claimed by the Corporation : Provided that the Court may, for reasons to be recorded in writing waive or reduce the amount to be deposited under this sub-section] (3) No Civil Court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on any liability which by or under this Act is to be decided by [a medical board, or by a medical appeal tribunal or by the Employees' Insurance Court]. Section 76: Institution proceedings etc (1) Subject to the provisions of this Act and any rules made by the [State] Government, all proceedings before the Employees' Insurance Court shall be instituted in the Court appointed for the local area in which the insured person was working at the time the question or dispute arose. (2) If the Court is satisfied that any matter arising out of any proceeding pending before it can be more conveniently dealt with by any other Employees' Insurance Court in the same [State], it may, subject to any rules made by the [State] Government in this behalf, order such matter to be transferred to such other Court for disposal and shall forthwith transmit to such other Court the records connected with that matter. (3) The [State] Government may transfer any matter pending before any Employees' Insurance Court in the [State] to any such Court in another [State] with the consent of the [State] Government of that [State]. (4) The court to which any matter is transferred under sub-section (2) or sub-section (3) shall continue the proceedings as if they had been originally instituted in it. Section 77: Commencement of proceedings (1) The proceedings before an Employees Insurance Court shall be commenced by application. [(1-A) Every such application shall be made within a period of three years from the date on which the cause of action arose. Explanation - For the purpose of this sub-section (a) the cause of action in respect of a claim for benefit shall not be deemed to arise unless the insured person or in the case of dependants' benefit, the dependants of the insured person claims or claim that benefit in accordance with the regulations made in that behalf within a period of twelve months after the claim became due or within such further period as a employees' Insurance Court may allow on ground which appear to it to be reasonable; (c) the cause of action in respect of a claim by the Corporation for recovering contributions (including interest and damages) from the principal employer shall be deemed to have arisen on the date on which such claim is made by the Corporation for the first time :

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Provided that no claim shall be made by the Corporation after five years of the period to which the claim relates; (d) the cause of action in respect of a claim by the principal employer for recovering contributions from an immediate employer shall not be deemed to arise till the date by which the evidence of contributions having been paid is due to be received by the Corporation under the regulations.] (2) Every such application shall be in such form and shall contain such particulars and shall be accompanied by such fee, if any, as may be prescribed by rules made by the State Government in consultation with the Corporation. Section 78: Powers of Employees' Insurance Court (1) The Employees' Insurance Court shall have all the powers of a Civil Court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such Court shall be deemed to be a Civil Court within the meaning of [Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973] (2) The Employees' Insurance Court shall follow such procedure as may be prescribed by rules made by the State Government. (3) All costs incidental to any proceeding before an Employees' Insurance Court shall, subject to such rules as may be made in this behalf by the State Government, be in the discretion of the Court. (4) An order of the Employees' Insurance Court shall be enforceable as if it were a decree passed in a suit by a Civil Court. Section 85: Punishment for failure to pay contributions, etc. If any person (a) fails to pay any contribution which under this Act he is liable to pay, or (b) deducts or attempts to deduct from the wages of an employee the whole or any part of the employer's contribution, or (c) in contravention of Section 72 reduces the wages or any privileges or benefits admissible to an employee, or (d) in contravention of Section 73 or any regulation dismisses, discharges, reduces or otherwise punishes an employee, or (e) fails or refuses to submit any return required by the regulations, or makes a false return, or (f) obstructs any Inspector or other official of the Corporation in the discharge of his duties, or (g) is guilty of any contravention of or non-compliance with any of the requirements of this Act or the rules or the regulations in respect of which no special penalty is provided. [he shall be punishable (h) where he commits an offence under clause (a) with imprisonment for a term which may extend to three years but (a) which shall not be less than one year, in case of failure to pay the employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of ten thousand rupees; (b) which shall not be less than six months, in any other case and shall also be liable to fine of five thousand rupees :

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Provided that the Court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term; (ii) where he commits an offence under any of the clause (b) to (g) (both inclusive), with imprisonment for a term which may extend to one year or with fine which may extend to four thousand rupees, or with both.]] Section 93-A: Liability in case of transfer of establishment Where an employer, in relation to a factory or establishment, transfers that factory or establishment in whole or in part, by sale, gift, lease or license or in any other manner whatsoever, the employer and the person to whom the factory or establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any contribution or any other amount payable under this Act in respect of the periods up to the date of such transfer:] Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer. Employee's Provident Fund and Miscellaneous Provisions Act ,1952 Section 1: Application Subject to the provisions contained in section 16, it applies(a) to every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are employed, and (b) to any other establishment employing twenty or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify in this behalf Provided that the Central Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment employing such number of persons less than twenty as may be specified in the notification. Notwithstanding anything contained in sub-section (3) of this section or sub-section (1) of section 16, where it appears to the Central Provident Fund Commissioner, whether on an application made to him in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this Act should be made applicable to the establishment, he may, by notification in the Official Gazette, apply the provisions of this Act to that establishment on and from the date of such agreement or from any subsequent date specified in such agreement. An establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below twenty. Section 2: Definitions "basic wages" means all emoluments which are earned by an employee while on duty or on leave or on holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include(i) the cash value of any food concession; (ii) any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living), house-rent allowance, overtime allowance, bonus, commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment; (iii) any presents made by the employer. "contribution" means a contribution payable in respect of a member under a Scheme or the contribution payable in respect of an employee to whom the Insurance Scheme applies;

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"controlled industry" means any industry the control of which by the Union has been declared by a Central Act to be expedient in the public interest. "exempted establishment" means an establishment in respect of which an exemption has been granted under section 17 from the operation of all or any of the provisions of any Scheme or the Insurance Scheme, as the case may be whether such exemption has been granted to the establishment as such or to any person or class of persons employed therein. Section 2-A: Establishment to include all departments and branches For the removal of doubts, it is hereby declared that where an establishment consists of different departments or has branches, whether situated in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment. Section 6: Contributions and matters which may be provided for in Schemes The contribution which shall be paid by the employer to the Fund shall be ten per cent of the basic wages, dearness allowance and retaining allowance (if any), for the time being payable to each of the employees, (whether employed by him directly or by or through a contractor), and the employees' contribution shall be equal to the contribution payable by the employer in respect of him and may, if any employee so desires, be an amount exceeding ten per cent of his basic wages, dearness allowance and retaining allowance (if any), subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section: Provided that in its application to any establishment or class of establishments which the Central Government, after making such inquiry as it deems fit, may, by notification in the Official Gazette specify, this section shall be subject to the modification that for the words ten per cent, at both the places where they occur, the words twelve per cent shall be substituted: Provided further that where the amount of any contribution payable under this Act involves a fraction of a rupee, the Scheme may provide for the rounding off of such fraction to the nearest rupee, half of a rupee or quarter of a rupee. Section 6-A: Employees' Pension Scheme (1) The Central Government may, by notification in the Official Gazette, frame a Scheme to be called the Employees' Pension Scheme for the purpose of providing for(a) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this Act applies; and (b) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees. (2) Notwithstanding anything contained in Section 6, there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,(a) such sums from the employer's contribution under section 6, not exceeding eight and one-third per cent of the basic wages, dearness allowance and retaining allowance, if any, of the concerned employees, as may be specified in the Pension Scheme; (b) such sums as are payable by the employers of exempted establishments under sub-section (6) of section 17; (c) the net assets of the Employees' Family Pension Fund as on the date of the establishment of the Pension Fund; (d) such sums as the Central Government may, after due appropriation by Parliament by law in this behalf, specify. (3) On the establishment of the Pension Fund, the Family Pension Scheme (hereinafter referred to as the ceased scheme) shall cease to operate and all assets of the ceased scheme shall vest in and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the Pension Fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, not less than the benefits they were entitled to under the ceased scheme, from the Pension Fund.

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(4) The Pension Fund shall vest in and be administered by the Central Board in such manner as may be specified in the Pension Scheme. (5) Subject to the provisions of this Act, the Pension Scheme may provide for all or any of the matters specified in Schedule III. (6) The Pension Scheme may provide that all or any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in that behalf in that Scheme. (7) A Pension Scheme, framed under sub-section (1), shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme or both Houses agree that the Scheme should not be made, the Scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Scheme. Section 7-Q: Interest payable by the employer The employer shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the Scheme on any amount due from him under this Act from the date on which the amount has become so due till the date of its actual payment : Provided that higher rate of interest specified in the Scheme shall not exceed the lending rate of interest charged by any scheduled bank. Section 8: Mode of recovery of moneys due from employers Any amount due(a) from the employer in relation to an establishment to which any Scheme or the Insurance Scheme applies in respect of any contribution payable to the Fund or, as the case may be, the Insurance Fund, damages recoverable under Section 14-B, accumulations required to be transferred under sub-section (2) of Section 15 or under sub-section (5) of Section 17 or any charges payable by him under any other provision of this Act or of any provision of the Scheme or the Insurance Scheme; or (b) from the employer in relation to an exempted establishment in respect of any damages recoverable under Section 14-B or any charges payable by him to the appropriate Government under any provision of this Act or under any of the conditions specified under Section 17 or in respect of the contribution payable by him towards the Pension Scheme or the Insurance scheme under the said Section 17, may, if the amount is in arrear, be recovered in the manner specified in Sections 8-B to 8-G. Section 8-A: Recovery of moneys by employers and contractors (1) The amount of contribution (that is to say the employer's contribution as well as the employee's contribution in pursuance of any Scheme and the employer's contribution in pursuance of the Insurance Scheme) and any charges for meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. (2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him, may recover from such employee the employee's contribution under any Scheme by deduction from the basic wages, dearness allowance and retaining allowance (if any), payable to such employee. (3) Notwithstanding any contract to the contrary, no contractor shall been titled to deduct the employer's contribution or the charges referred to in sub-section (1) from the basis wages, dearness allowance, and retaining allowance (if any), payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee.

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Explanation.- In this section, the expression, "dearness allowance", and "retaining allowance" shall have the same meaning as in Section 6. Section 8-D: Validity of certificate and amendment thereof (1) When the authorised officer issues a certificate to a Recovery Officer under Section 8-B, it shall not be open to the employer to dispute before the Recovery Officer the correctness of the amount, and no objection to the certificate on any other ground shall also be entertained by the Recovery Officer. (2) Notwithstanding the issue of a certificate to a Recovery Officer, the authorised officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the Recovery Officer. (3) The authorized officer shall intimate to the Recovery Officer any orders withdrawing or cancelling a certificate or any correction made by him under sub-section (2) or any amendment made under sub-section (4) of Section 8-E. Section 8-E: Stay of proceedings under certificate and amendment or withdrawal thereof (1) Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the authorised officer may grant time for the payment of the amount, and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted. (2) Where a certificate for the recovery of amount has been issued, the authorised officer shall keep the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. (3) Where the order giving rise to a demand of amount for which a certificate for recovery has been issued has been modified in appeal or other proceeding under this Act, and, as a consequence thereof, the demand is reduced but the order is the subject-matter of a further proceeding under this Act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. (4) Where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this Act, the authorised officer shall, when the order which was the subject-matter of such appeal or other proceeding has become final and conclusive, amend the certificate or withdraw it, as the case may be. Section 8-F: Other modes of recovery (1) Notwithstanding the issue of a certificate to the Recovery Officer under Section 8-B, the Central Provident Fund Commissioner or any other officer authorised by the Central Board may recover the amount by any one or more of the modes provided in this section. (2) If any amount is due from any person to any employer who is in arrears, the Central Provident Fund Commissioner or any other officer authorised by the Central Board in this behalf may require such person to deduct from the said amount the arrears due from such employer under this Act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Central Provident Fund Commissioner or the officer so authorized, as the case may be: Provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under Section 60 of the Code of Civil Procedure, 1908. (3)(i) The Central Provident Fund Commissioner or any other officer authorised by the Central Board in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or as the case may be, the establishment, to pay to the Central Provident Fund Commissioner either forthwith upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount.

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(ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the employer jointly with any other person and for the purposes of this sub-section, the shares of the joint-holders in such account shall be presumed, until the contrary is proved, to be equal. (iii) A copy of the notice shall be forwarded to the employer at his last address known to the Central Provident Fund Commissioner or, as the case may be, the officer so authorised and in the case of a joint account to all the joint holders at their last addresses known to the Central Provident Fund Commissioner or the officer so authorised. (iv) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. (v) Any claim respecting any property in relation to which a notice under this sub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice. (vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Central Provident Fund Commissioner or the officer so authorised to the extent of his own liability to the employer on the date of the notice, or to the extent of the employer's liability for any sum due under this Act, whichever is less. (vii) The Central Provident Fund Commissioner or the officer so authorised may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. (viii) The Central Provident Fund Commissioner or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid. (ix) Any person discharging any liability to the employer after the receipt of a notice under this sub-section shall be personally liable to the Central Provident Fund Commissioner or the officer so authorized to the extent of his own liability to the employer so discharged or to the extent of the employer's liability for any sum due under this Act, whichever is less. (x) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the Central Provident Fund Commissioner or the officer so authorised he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in Sections 8-B to 8-E and the notice shall have the same effect as an attachment of a debt by the Recovery Officer in exercise of his powers under Section 8-B. (4) The Central Provident Fund Commissioner or the officer authorised by the Central Board in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. (5) The Central Provident Fund Commissioner or any officer not below the rank of Assistant Provident Fund Commissioner may, if so authorised by the Central Government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the Third Schedule to the Income-Tax Act, 1961. Section 11: Priority of payment of contributions over other debts (1) Where any employer is adjudicated insolvent or, being a company, an order for winding up is made, the amount due-

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(a) from the employer in relation to an establishment to which any Scheme or the Insurance Scheme applies in respect of any contribution payable to the Fund or, as the case may be, the Insurance Fund, damages recoverable under Section 14-B, accumulations required to be transferred under sub-section (2) of Section 15 or any charges payable by him under any other provision of this Act or of any provision of the Scheme or the Insurance Scheme; or (b) from the employer in relation to an exempted establishment in respect of any contribution to the provident fund or any insurance fund (in so far as it relates to exempted employees), under the rules of the provident fund or any insurance fund any contribution payable by him towards the Pension Fund under sub-section (6) of Section 17, damages recoverable under Section 14-B or any charges payable by him to the appropriate Government under any provision of this Act or under any of the conditions specified under Section 17, shall, where the liability therefor has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under Section 49 of the Presidency Towns Insolvency Act, 1909, or under Section 61 of the Provincial Insolvency Act, 1920 or under Section 530 of the Companies Act, 1956, are to be paid in priority to all other debts in the distribution of the property of the insolvent or the assets of the company being wound up, as the case may be. Section 12: Employer not to reduce wages, etc No employer in relation to an establishment to which any Scheme or the Insurance Scheme applies shall, by reason only of his liability for the payment of any contribution to the Fund or the Insurance Fund or any charges under this Act or the Scheme or the Insurance Scheme, reduce, whether directly or indirectly, the wages of any employee to whom the Scheme or the Insurance Scheme applies or the total quantum of benefits in the nature of old age pension, gratuity, provident fund or life insurance to which the employee is entitled under the terms of his employment, express or implied. Section 14: Penalties (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act, the scheme, the Pension Scheme or the Insurance Scheme or of enabling any other person to avoid such payment knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to one year, or with fine of five thousand rupees, or with both. (1-A) An employer who contravenes, or makes default in complying with, the provisions of Section 6 or clause (a) of sub-section (3) of Section 17 in so far as it relates to the payment of inspection charges, or paragraph 38 of the Scheme in so far as it relates to the payment of administrative charges, shall be punishable with imprisonment for a term which may extend to three years but(a) which shall not be less than one year and a fine of ten thousand rupees in case of default in payment of the employees' contribution which has been deducted by the employer from the employees' wages; (b) which shall not be less than six months and a fine of five thousand rupees, in any other case: Provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term. (1-B) An employer who contravenes, or makes default in complying with the provisions of Section 6-C, or clause (a) of sub-section (3-A) of Section 17 in so far as it relates to the payment of inspection charges, shall be punishable with imprisonment for a term which may extend to one year but which shall not be less than six months and shall also be liable to fine which may extend to five thousand rupees: Provided that the court may, for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a lesser term. (2) Subject to the provisions of this Act, the Scheme, the Pension Scheme or the Insurance Scheme may provide that any person who contravenes, or makes default in complying with, any of the provisions thereof shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to four thousand rupees, or with both.

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(2-A) Whoever contravenes or makes default in complying with any provision of this Act or of any condition subject to which exemption was granted under Section 17 shall, if no other penalty is elsewhere provided by or under this Act for such contravention or non-compliance, be punishable with imprisonment which may extend to six months, but which shall not be less than one month, and shall also be liable to fine which may extend to five thousand rupees. Section 14-A: Offences by companies (1) If the person committing an offence under this Act, the Scheme, the Pension Scheme or the Insurance Scheme is a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act, the Scheme or the Pension Scheme or the Insurance Scheme has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,(i) "company" means any body corporate and includes a firm and other association of individuals ; and (ii) "director", in relation to a firm means a partner in a firm. Section 14-B: Power to recover damages Where an employer makes default in the payment of any contribution to the Fund, the Pension Fund or the Insurance Fund or in the transfer of accumulations required to be transferred by him under sub-section (2) of Section 15 or subsection (5) of Section 17 or in the payment of any charges payable under any other provision of this Act or of any Scheme or Insurance Scheme or under any of the conditions specified under Section 17, the Central Provident Fund Commissioner or such other officer as may be authorised by the Central Government, by notification in the Official Gazette, in this behalf may recover from the employer by way of penalty such damages, not exceeding the amount of arrears, as may be specified in the Scheme: Provided that before levying and recovering such damages, the employer shall be given a reasonable opportunity of being heard: Provided further that the Central Board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under Section 4 of the Sick Industrial Companies (Special Provisions) Act,1985 (1 of 1986), subject to such terms and conditions as may be specified in the Scheme. Section 15: Special provisions relating to existing provident funds (1) Subject to the provisions of Section 17, every employee who is a subscriber to any provident fund of an establishment to which this Act applies shall, pending the application of a Scheme to the establishment in which he is employed, continue to be entitled to the benefits accruing to him under the provident fund, and the provident fund shall continue to be maintained in the same manner and subject to the same conditions as it would have been if this Act had not been passed. (2) On the application of any Scheme to an establishment, the accumulations in any provident fund of the establishment, standing to the credit of the employees who become members of the fund established under the Scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other instrument establishing the provident fund but subject to the provisions, if any, contained in the Scheme, be transferred to the Fund established under the Scheme, and shall be credited to the accounts of the employees entitled thereto in the Fund.

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Section 16: Act not to apply to certain establishments (1) This Act shall not apply(a) to any establishment registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any other law for the time being in force in any State relating to co-operative societies, employing less than fifty persons and working without the aid of power; or (b) to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the Central Government or the State Government governing such benefits ; or (c) to any other establishment set up under any Central, Provincial or State Act and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that Act governing such benefits ; or (2) If the Central Government is of opinion that having regard to the financial position of any class of establishments or other circumstances of the case, it is necessary or expedient so to do, it may, by notification in the Official Gazette, and subject to such conditions as may be specified in the notification, exempt whether prospectively or retrospectively that class of establishments from the operation of this Act for such period as may be specified in the notification. Section 16-A: Authorising certain employers to maintain provident fund accounts (1) The Central Government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer, by an order in writing, to maintain a provident fund account in relation to the establishment, subject to such terms and conditions as may be specified in the Scheme: Provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this Act during the three years immediately preceding the date of such authorisation. (2) Where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the Scheme. (3) Any authorisation made under this section may be cancelled by the Central Government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this Act: Provided that before cancelling the authorisation, the Central Government shall give the employer a reasonable opportunity of being heard. Section 17-A: Transfer of accounts. (1) Where an employee employed in an establishment to which this Act applies leaves his employment and obtains reemployment in another establishment to which this Act does not apply the amount of accumulations to the credit of such employee in the Fund or, as the case may be, in the provident fund of the establishment left by him shall be transferred, within such time as may be specified by the Central Government in this behalf, to the credit of his account in the provident fund of the establishment in which he is re-employed, if the employee so desires and the rules in relation to that provident fund permit such transfer. (2) Where an employee employed man establishment to which this Act does not apply leaves his employment and obtains re-employment in another establishment to which this Act applies, the amount of accumulations to the credit of such employee in the provident fund of the establishment left by him may, if the employee so desires and the rules in relation to such provident fund permit, be transferred to the credit of his account in the Fund or as the case may be, in the provident fund of the establishment in which he is re-employed. Section 17-B: Liability in case of transfer of establishment

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Where an employer, in relation to an establishment, transfers that establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the contribution and other sums due from the employer under any provision of this Act or the Scheme or the Pension Scheme or the Insurance Scheme, as the case may be, in respect of the period up to the date of such transfer: Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer. Workmens Compensation Act 1923 Section 2: Definitions "dependant" means any of the following relatives of a deceased workman, namely(i) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter, or a widowed mother; and (ii) if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm; (iii) if wholly or in part dependent on the earnings of the workman at the time of his death(a) a widower, (b) a parent other than a widowed mother, (c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate orillegitimate or adopted if married and a minor or if widowed and a minor, (d) a minor brother or an unmarried sister or a widowed sister if a minor, (e) a widowed daughter-in-law, (f) a minor child of a pre-deceased son, (g) a minor child of a pre-deceased daughter where no parent of the child is alive, or (h) a paternal grandparent if no parent of the workman is alive. "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement (Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent or more) Section 3: Employer's liability for compensation (1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter : Provided that the employer shall not be so liable(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days ;

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(b) in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributed to(i) the workman having been at the time therefore under the influence of drink of drugs, or (ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workman, or (iii) the wilful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workman; (2) If a workman employed in any employment specified in Part A of Schedule III contracts any disease specified therein as an occupational disease peculiar to that employment, or if a workman, whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months (which period shall not include a period of service under any other employer in the same kind of employment) in any employment specified in Part B of Schedule III, contracts any disease specified therein as an occupational disease peculiar to that employment, or if a workman whilst in the service of one or more employers in any employment specified in Part C of Schedule III for such continuous period as the Central Government may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of the this section and, unless the contrary is proved, the accident shall be deemed to have arisen out of, and in the course of, the employment : Provided that if it is proved(a) that a workman whilst in the service of one or more employers in any employment specified in Part C of Schedule III has contracted a disease specified therein as an occupational disease peculiar to that employment during a continuous period which is less than the period specified under this sub-section for that employment, and (b) that the disease has arisen out of and in the course of the employment ; the contracting of such disease shall deemed to be an injury by accident within the meaning of this section : Provided further that if it is proved that a workman who having served under any employer in any employment specified in Part B of Schedule III or who having served under one or more employers in any employment specified in Part C of that Schedule, for a continuous period specified under this sub-section for that employment and he has after the cessation of such service contracted any disease specified in the said Part B or the said Part C, as the case may be, as an occupational disease peculiar to the employment and that such disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section. (2-A) If a workman employed in any employment specified in Part C of schedule III contracts any occupational disease peculiar to that employment, the contracting whereof is deemed to be an injury by accident within the meaning of this section, and such employment was under more than one employer, all such employers shall be liable for the payment of the compensation in such proportion as the Commissioner may, in the circumstances, deem just. (3) The Central government or the State Government, after giving, by notification in the Official Gazette, not less three months' notice of its intention so to do, may by a like notification, add any description of employment to the employments specified in Schedule III, and shall specify in the case employments so added the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively and thereupon the provisions of sub-section (2) shall apply, in the case of a notification by the Central Government, within the territories to which this Act extends or, in case of a notification by the State Government, within the State as if such diseases had been declared by this Act to be occupational diseases peculiar to those employments. (4) Save as provided by sub-sections (2), (2-A) and (3), no compensation shall be payable to a workman in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment. (5) Noting herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury

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if he has instituted in a Civil Court a suit for damages in respect of the injury against the employer or any other person ; and no suit for damages shall be maintainable by a workman in any court of law in respect of any injury(a) if he has instituted a claim to compensation in respect of the injury before a Commissioner ;or (b) if an agreement has been come to between the workman and his employer providing for the payment of compensation in respect of the injury in accordance with the provisions of this Act. Section 4: Amount of compensation (1) subject to the provisions of this Act, the amount of compensation shall be as follows, namely:(a) where death results from the injury an amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of eighty thousand rupees, whichever is more; (b) Where permanent total disablement results from the injury an amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor; or an amount of ninety thousand rupees, whichever is more; Explanation 1.- For the purposes of clause (a) and clause (b), "relevant factor", in relation to a workman means the factor specified in the second column of Schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his last birthday immediately preceding the date on which the compensation fell due ; Explanation II.- Where the monthly wages of a workman exceeds four thousand rupees, his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be four thousand rupees only; (c) where permanent partial disablement results from the injury (i) in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and (ii)in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury ; Explanation I.-Where more injures than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries; Explanation II.- In assessing the loss of earning capacity for the purposes of sub-clause (ii), the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in relation to different injuries specified in Schedule I; (d) Where temporary disablement, whether total or partial results from the injury a half-monthly payment of the sum equivalent to twenty-five per cent of monthly wages of the workman, to be paid in accordance with the provisions of sub- section (2). (1-A) Notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to a workman in respect of an accident occurred outside India, the Commissioner shall take into account the amount of compensation, if any, awarded to such workman in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount compensation awarded to the workman in accordance with the law of that country;

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(2) The half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day(i) from the date if disablement where such disablement lasts for a period of twenty-eight days or more, or (ii) after the expiry of a waiting period of three days from the date of disablement where such disablement lasts for a period of less than twenty-eight days ; and thereafter half-monthly during the disablement or during a period of five years, whichever period is shorter : Provided that(a) there shall be deducted from any lump sum or half-monthly payments to which the workman is entitled the amount of any payment or allowance which the workman has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be; and (b) no half-monthly payment shall in any case exceed the amount, if any by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages which he is earning after the accident. Explanation.- Any payment or allowance which the workman has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation within the meaning of clause (a) of the provison. (3) On the ceasing of the disablement before the date on which any half-monthly payment falls due there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month. (4) If the injury of the workman results in his death, the employer shall, in addition to the compensation under subsection (1), deposit with the Commissioner a sum of two thousand five hundred rupees for payment of the same to the eldest surviving dependant of the workman towards the expenditure of the funeral of such workman or where the workman did not have a dependant or was not living with his dependant at the time of his death to the person who actually incurred such expenditure. Section 5: Method of calculating wages In this Act and for the purposes thereof the expression "monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated as follows, namely(a) where the workman has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the workman shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period; (b) where the whole of the continuous period of service immediately preceding the accident during which the workman was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the workman shall be the average monthly amount which, during the twelve months immediately preceding the accident , was being earned by a workman employed on the same by the same employer, or, if there was no workman employed, by a workman employed on similar work in the same locality; (c) in other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b), the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period. Explanation.- A period of service shall, for the purposes of this section, be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days.

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Section 8: Distribution of compensation (1) No payment of compensation in respect of a workman whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the Commissioner, and no such payment made directly by an employer shall be deemed to be a payment of compensation : Provided that, in the case of a deceased workman, an employer may make to any dependant advances on account of compensation of an amount equal to three months' wages of such workman and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the Commissioner from such compensation and repaid to the employer. (2) Any other sum amounting to not less than ten rupees which is payable as compensation may be deposited with the Commissioner on behalf of the person entitled thereto. (3) The receipt of the Commissioner shall be a sufficient discharge in respect of any compensation deposited with him. (4) On the deposit of any money under sub-section (1), as compensation in respect of a deceased workman the Commissioner shall, if he thinks necessary, cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation. If the Commissioner is satisfied after any inquiry which he may deem necessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid. The Commissioner shall, on application by the employer, furnish a statement showing in detail all disbursements made. (5) Compensation deposited in respect of a deceased workman shall, subject to any deduction made under subsection (4), be apportioned among the dependants of the deceased workman or any of them in such proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner, be allotted to any one dependant. (6) Where any compensation deposited with the Commissioner is payable to any person, the Commissioner shall, if the person to whom the compensation is payable is not a woman or a person under a legal disability, and may, in other cases, pay the money to the person entitled thereto. (7) Where any lump sum deposited with the Commissioner is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the Commissioner may direct; and where a half- monthly payment is payable to any person under a legal disability, the Commissioner may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the workman or to any other person, whom the Commissioner thinks best fitted to provide for the welfare of the workman. (8) Where, an application made to him in this behalf or otherwise, the Commissioner is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant or for any other sufficient cause, an order of the Commissioner as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Commissioner may make such orders for the variation of the former order as he thinks just in the circumstances of case: Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him. (9) Where the Commissioner varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner hereinafter provided in Section 31. Section 10: Notice and claim

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(1) No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death: Provided that, where the accident is the contracting of a disease in respect of which the provisions of sub-section (2) of Section 3 are applicable, the accident shall be deemed to have occurred on the first of the days during which the workman was continuously absent from work in consequence of the disablement caused by the disease : Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the workman to absent himself from work, the period of two years shall be counted from the day the workman gives notice of the disablement to his employer : Provided further that if a workman who, having been employed in an employment for a continuous period, specified under sub-section (2) of Section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected : Provided further that the want of or any defect or irregularity in a notice shall not be a bar to the entertainment of a claim(a) if the claim is preferred in respect of the death of a workman resulting from an accident which occurred on the premises of the employer, or at any place where the workman at the time of the accident was working under the control of the employer or of any person employed by him, and the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or (b) if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed had knowledge of the accident from any other source at or about the time when it occurred: Provided further that the Commissioner may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred, in due time as provided in this sub-section, if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause. (2) Every such notice shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon any one of several employers, or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed. (3) The State Government may require that any prescribed class of employers shall maintain at their premises at which workmen are employed a notice-book, in the prescribed form, which shall be readily accessible at all reasonable times to any injured workman employed on the premises and to any person acting bona fide on his behalf. (4) A notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or, where a notice-book is maintained, by entry in the notice-book. Section 10-B: Reports of fatal accidents and serious bodily injuries (1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death or serious bodily injury, the person required to give the notice shall within seven days of the death or serious bodily injury, send a report to the Commissioner giving the circumstances attending the death or serious bodily injury :

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Provided that where the State Government has so prescribed the person required to give the notice may instead of sending such report to the Commissioner send it to the authority to whom he is required to give the notice. Explanation.- "Serious bodily injury" means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days. (2) The State Government may, by notification in the Official Gazette, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the Commissioner. (3) Nothing in this section shall apply to the factories to which the Employees' State Insurance Act, 1948 (34 of 1941), applies. Section 11: Medical examination (1) Where a workman has given notice of an accident, he shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a qualified medical practitioner submit himself for such examination, and any workman who is in receipt of a half-monthly payment under this Act shall, if so required, submit himself for such examination from time to time : Provided that a workman shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act, or at more frequent intervals than may be prescribed. (2) If a workman, on being required to do so by the employer under sub-section (1) or by the Commissioner at any time, refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless, in the case of refusal, he was prevented by any sufficient cause from so submitting himself. (3) If a workman, before the expiry of the period within which he is liable under sub-section (1) to be required to submit himself for medical examination, voluntarily leaves without having been so examined the vicinity of the place in which he was employed, his right to compensation shall be suspended until he returns and offers himself for such examination. (4) Where a workman, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependants of the deceased workman. (5) Where under sub-section (2) or sub-section (3) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (d) of sub-section (1) of Section 4, the waiting period shall be increased by the period during which the suspension continues. (6) Where an injured workman has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, if it is proved that the workman has not thereafter been regularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had been regularly attended by a qualified medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordingly. Section 12: Contracting (1) Where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade or business contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or

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business of the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him ; and where compensation is claimed from the principal, this Act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately employed. (2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to pay compensation or to indemnify a principal under this section he shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the workman could have recovered compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the Commissioner. (3) Nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal. (4) This section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the principal has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management. Section 16: Returns as to compensation The State Government may, by notification in the Official Gazette, direct that every person employing workmen, or that any specified class of such persons, shall send at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation has been paid by the employer during the previous year and the amount of such compensation, together with such other particulars as to the compensation as the State Government may direct. Section 17: Contracting out Any contract or agreement whether made before or after the commencement of this Act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this Act. Section 18-A: Penalties (1) Whoever(a) fails to maintain a notice-book which he is required to maintain under sub-section (3) of Section 10, or (b) fails to send to the Commissioner a statement which he is required to send under sub-section (1) of Section 10-A, or (c) fails to send a report which he is required to send under Section 10-B, or (d) fails to make a return which he is required to make under Section 16, shall be punishable with fine which may extend to five thousand rupees. (2) No prosecution under this section shall be instituted except by or with the previous sanction of a Commissioner, and no Court shall take cognizance of any offence under this section, unless complaint thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the Commissioner. Section 22: Form of application (1) Where an accident occurs in respect of which liability to pay compensation under this Act arises, a claim for such compensation may, subject to the provisions of this Act, be made before the Commissioner. (1-A) Subject to the provisions of sub-section (1), no application for the settlement of any matter by a Commissioner, other than an application by a dependant or dependants for compensation shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement.

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(2) An application to a Commissioner may be made in such form and shall be accompanied by such fee, if any, as may be prescribed and shall contain, in addition to any particulars which may be prescribed, the following particulars, namely(a) a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims ; (b) in the case of a claim for compensation against an employer, the date of service of notice of the accident on the employer and, if such notice has not been served or has not been served in due time, the reason for such omission; (c) the names and addresses of the parts; and (d) except in the case of an application by dependants for compensation a concise statement of the matters on which agreement has and of those on which agreement has not been come to. (3) If the applicant is illiterate or for any other reason is unable to furnish the required information in writing, the application shall, if the applicant so desires, be prepared under the direction of the Commissioner.

Child Labour (Prohibition and Regulation) Act ,1986 Section 2: Definitions "child" means a person who has not completed his fourteenth year of age. "establishment" includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. "week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector. Section 7: Hours and period of work (1) No child shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. (2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than the hours before he has had an interval for rest for at least one hour. (3) The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day. (4) No child shall be permitted or required to work between 7 p.m. and 8 a.m. (5) No child shall be required or permitted to work overtime. (6) No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. Section 8: Weekly holidays Every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. Section 9: Notice to Inspector (1) Every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from

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such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely :(a) the name and situation of the establishment ; (b) the name of the person in actual management of the establishment ; (c) the address to which communications relating to the establishment should be sent ; and (c) the nature of the occupation or process carried on in the establishment. (2) Every occupier, in relation to an establishment, who employs, or permits to work, any child after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1). Explanation: For the purposes of sub-sections (1) and (2), "date of commencement of this Act, in relation to an establishment" means the date of bringing into force of this Act in relation to such establishment. (3) Nothing in Sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government. Section 11: Maintenance of register There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing(a) the name and date of birth of every child so employed or permitted to work; (b) hours and periods of work of any such child and the intervals of rest to which he is entitled ; (c) the nature of work of any such child ; and (d) such other particulars as may be prescribed. Section 13: Health and safety (1) The appropriate Government may, by notification in the Official Gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class of establishments. (2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely :(a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents ; (c) ventilation and temperature ; (d) dust and fume ; (e) artificial humidification; (f) lighting ; (g) drinking water ; (h) latrine and urinals;

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(i) spittoons ; (j) fencing of machinery ; (k) work at or near machinery in motion ; (I) employment of children on dangerous machines ; (m) instructions, training and supervision in relation to employment of children on dangerous machines ; (n) device for cutting off power; (o) self-acting machines ; (p) easing of new machinery ; (q) floor, stairs and means of access; (r) pits, sumps, openings in floors, etc.; (s) excessive weights ; (t) protection of eyes ; (u) explosive or inflammable dust, gas, etc.; (v) precautions in case of fire ; (w) maintenance of buildings ; and (x) safety of buildings and machinery. Section 14: Penalties (1) Whoever employs any child or permits any child to work in contravention of the provisions of Section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both. (2) Whoever, having been convicted of an offence under Section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. (3) Whoever(a) fails to give notice as required by Section 9, or (b) fails to maintain a register as required by Section 11 or makes any false entry in any such register ; or (c) fails to display a notice containing an abstract of Section 3 and this section as required by Section 12 ; or (d) fails to comply with or contravenes any other provisions of this Act or the rules made thereunder, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both.

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Payment of Gratuity Act 1972 Section 1: Application It shall apply to(a) every factory, mine, oilfield, plantation, port and railway company ; (b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months ; (c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf. A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten. Section 2-A: Continuous service For the purposes of this Act,(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [* * *] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act (2) where an employee (not being, an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week ; and (ii) two hundred and forty days, in any other case ; (b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than (i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week ; and (ii) one hundred and twenty days, in any other case (3) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.

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Section 4: Payment of gratuity (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,(a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement. Disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement. (2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned. Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account . Provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season. (3) The amount of gratuity payable to an employee shall not exceed three lakhs and fifty thousand rupees. (4) For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced. (5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. (6) Notwithstanding anything contained in sub-section (1),(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused; (b) the gratuity payable to an employee may be wholly or partially forfeited(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. Section 4-A: Compulsory Insurance (1) With effect from such date as may be notified by the appropriate Government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, shall, subject to the provisions of sub-section (2), obtain an insurance in the manner prescribed, for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer.

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(2) The appropriate Government may, subject to such conditions as may be prescribed, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed from the provisions of sub-section (1).employer shall within such time as may be prescribed get his establishment registered with the controlling authority in the prescribed manner and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2). (4) The appropriate Government may, by notification, make rules to give effect to the provisions of this section and such rules may provide for the composition of the Board of Trustees of the approved gratuity fund and for the recovery by the controlling authority of the amount of the gratuity payable to an employee from the Life Insurance Corporation of India or any other insurer with whom an insurance has been taken under sub-section (1), or as the case maybe, the Board of Trustees of the approved gratuity fund. (5) Where an employer fails to make any payment by way of premium to the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this Act (including interest, if any, for delayed payments) forthwith to the controlling authority. (6) Whoever contravenes the provisions of sub-section (5) shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to one thousand rupees for each day during which the offence continues. Section 6: Nomination (1) Each employee, who has completed one year of service, shall make, within such time, in such form and in such manner, as may be prescribed, nomination for the purpose of the second proviso to sub-section (1) of Section 4. (3) If an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family, shall be void. (5) A nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written notice in such form and in such manner as may be prescribed, of his intention to do so. (6) If a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the prescribed form, in respect of such interest. Section 7: Determination of the amount of gratuity (1) A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity. (2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined. (3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. (3-A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, Provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the controlling authority for the delayed payment on this ground. (4) (a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to

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receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity. (7) Any person aggrieved by an order under sub-section (4), may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf. Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (4), or deposits with the appellate authority such amount. Section 8: Recovery of gratuity If the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto: Provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate: Provided further that the amount of interest payable under this section shall, in no case exceed the amount of gratuity payable under this Act. Section 9: Penalties (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both. (2) An employer who contravenes, or makes default in complying with any of the provisions of this Act or any rule or order made thereunder shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both : Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition of a fine would meet the ends of justice. Section 13: Protection of gratuity No gratuity payable under this Act and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under Section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. Industrial Employment and Standing Orders Act, 1946 Section 3: Submission of draft standing orders (1) Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in this industrial establishment. (2) Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where model standing orders have been prescribed, shall be, so far as is practicable, in conformity with such model. (3) The draft standing orders submitted under this section shall be accompanied by a statement giving prescribed

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particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong. (4) Subject to such conditions as may be prescribed, a group of employers in similar industrial establishment may submit a joint draft of standing orders under this section. Section 5: Certification of standing orders (1) On receipt of the draft under Section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any; which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice. (2) After giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act, and shall make an order in writing accordingly. (3) The Certifying Officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen. Section 6: Appeals (1) Any employer, workman, trade union or other prescribed representatives of the workmen aggrieved by the order of the Certifying Officer under sub-section (2) of Section 5 may, within thirty days from the date on which copies are sent under sub-section (3) of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing orders certifiable under this Act. (2) The appellate authority shall, within seven days of its order under sub-section (1), send copies thereof of the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner. Section 7: Date of operation of standing orders Standing orders shall, unless an appeal is preferred under Section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (3) of Section 5, 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 under sub-section (2) of Section 6. Section 9: Posting of standing orders The text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed. Section 10: Duration and modification of standing orders (1) Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen or a trade union or other representative body of the workmen 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. (2) Subject to the provisions of sub-section (1), an employer or workman or a trade union or other representative body of the workmen may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen or a trade union or other representative body of the workmen, a certified copy of that agreement shall be filed along with the application.

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(3) The foregoing provisions of this Act shall apply in respect of an application under sub-section (2) as they apply to the certification of the first standing orders. (4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.

Section 10-A: Payment of subsistence allowance (1) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance(a) at the rate of fifty per cent of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension ; and (b) at the rate of seventy-five per cent of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman. (2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the Labour Court constituted under the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties. (3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State. Section 13: Penalties and procedure (1) An employer who fails to submit draft standing orders as required by Section 3, or who modifies his standing orders otherwise than in accordance with Section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues. (2) An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues. (3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government. (4) No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the second class shall try any offence under this section. Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 Section 1: APPLICATION: It applies to every establishment which employs, or had employed on any day of the preceding twelve months, ten or more building workers in any building or other construction work. Section 2: DEFINITIONS:

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"building or other construction work" means the construction, alteration, repairs, maintenance or demolition of or in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, waterworks (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals "building or other construction work" means the construction, alteration, repairs, maintenance or demolition of or in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, waterworks (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals "building worker" means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire of reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person(i) who is employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per menses or exercises, either by the nature of the duties attached of the office or by reason of the power vested in him, function mainly of a managerial nature "contractor" means a person who undertakes to produce a given result for any establishment, other than a mere supply of goods or articles of manufacture, by the employment of building workers or who supplies building workers for any work of the establishment, and includes a sub-contractor "employer", in relation to an establishment, means the owner thereof, and includes,(i) in relation to a building or other construction work carried on by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department; (ii) in relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment; (iii) in relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor Section 7: REGISTRATION OF ESTABLISHMENTS: (1) Every employer shall,- (a) in relation to an establishment to which this Act applies on its commencement, within a period of sixty days from such commencement; and (b) in relation to any other establishment to which this Act may be applicable at any time after such commencement, within a period of sixty days from the date on which this Act becomes applicable to such establishment, make an application to the registering officer for the registration of such establishment : Provided that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. (2) Every application under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) After the receipt of an application under sub-section (1), the registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as may be prescribed.

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(4) Where, after the registration of an establishment under this section, any change occurs in the ownership or management or other prescribed particulars in respect of such establishment, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed. Section 8: REVOCATION OF REGISTRATION IN CERTAIN CASES: If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that the provisions of this Act are not being complied with in relation to any work carried on by such establishment, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, he may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration. Section 9: APPEAL: (1) Any person aggrieved by an order made under Section 8 may, within 30 days from the date on which the order is communicated to him, prefer an appeal to the appellate officer who shall be a person nominated in this behalf by the appropriate Government : Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, confirm, modify or reverse the order of revocation as expeditiously as possible. Section 10: EFFECT OF NON-REGISTRATION: No employer of an establishment to which this Act applies shall,- (a) in the case of an establishment required to be registered under Section 7, but which has not been registered under that section (b) in the case of an establishment the registration in respect of which has been revoked under Section 8 and no appeal has been preferred against such order of revocation under Section 9 within the period prescribed for the preferring of such appeal or where an appeal has been so preferred, such appeal has been dismissed, employ building workers in the establishment after the expiry of the period referred to in clause (a) or clause (b) of sub-section (1) of Section 7, or after the revocation of registration under Section 8 or after the expiry of the period for preferring an appeal under Section 9 or after the dismissed of the appeal, as the case may be. Section 11: BENEFICIARIES OF THE FUND: Subject to the provisions of this Act, every building worker registered as a beneficiary under this Act shall be entitled to the benefits provided by the Board from its Fund under this Act. Section 12:REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES: (1) Every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be eligible for registration as a beneficiary under this Act. (2) An application for registration shall be made in such form, as may be prescribed, to the officer authorised by the Board in this behalf. (3) Every application under sub-section (2) shall be accompanied by such documents together with such fee not exceeding fifty rupees as may be prescribed. (4) If the officer authorised by the Board under sub-section (2) is satisfied that the applicant is complied with the provisions of this Act and the rules made thereunder, he shall register the name of the building worker as a beneficiary under this Act : Provided that an application for registration shall not be rejected without giving the application an opportunity of being heard. (5) Any person aggrieved by the decision under sub-section (4) may, within thirty days from the date of such decision, prefer an appeal to the Secretary of the Board or any office specified by the Board in this behalf and the decision of the Secretary or such other officer on such appeal shall be final.

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Provided that the Secretary of any other officer specified by the Board in this behalf may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the building worker was prevented by sufficient cause from filing the appeal in time. (6) The Secretary of Board shall cause to maintain such registers as may be prescribed. Section 13: IDENTITY CARDS: (1) The Board shall give to every beneficiary an identity card with his photograph duly affixed thereon and with enough space for entering the details of the building or other construction work done by him. (2) Every employer shall enter in the identity card the details of the building or other construction work done by the beneficiary and authenticate the same and return it to the beneficiary. (3) A beneficiary who has been issued an identity card under this Act shall produce the same whenever demanded by any officer of Government or the Board, any inspector or any other authority for inspection. Section 14: CESSATION AS A BENEFICIARY: (1) A building worker who has been registered as a beneficiary under this Act shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year : Provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment. (2) Notwithstanding anything contained in sub-section (1), if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, he shall be eligible to get such benefits as may be prescribed. Explanation : For computing the period of three years as a beneficiary with a Board under this sub-section, there shall be added any period for which a person had been a beneficiary with any other Board immediately before his registration. Section 15: REGISTER OF BENEFICIARIES: Every employer shall maintain a register in such form as may be prescribed showing the details of the employment of beneficiaries employed in the building or other construction work undertaken by him and the same may be inspected without any prior notice by the Secretary of the Board or any other officer duly authorised by the Board in this behalf. Section 16: CONTRIBUTION OF BUILDING WORKERS: (1) A building worker who has been registered as a beneficiary under this Act shall, until he attains the age of sixty years, contribute to the Fund at such rate per mensem, as may be specified by the State Government, by notification in the Official Gazette and different rates of contribution may be specified for different classes of building workers : Provided that the Board may, if specified that a beneficiary is unable to pay his contribution due to any financial hardship, waive the payment of contribution for a period not exceeding three months at a time. (2) A beneficiary may authorise his employer to deduct his contribution from his monthly wages and to remit the same, within fifteen days from such deduction, to the Board. Section 17: EFFECT OF NON-PAYMENT OF CONTRIBUTION: When a beneficiary has not paid his contribution under sub- section (1) of Section 16 for a continuous period of not less than one year, he shall cease to be a beneficiary Provided that if Secretary of the Board is satisfied that the non-payment of contribution was for a reasonable ground and that the building worker is willing to deposit the arrears, he may allow the building worker to deposit the contribution in arrears and on such deposit being made, the registration of building worker shall stand restored. Section 31: PROHIBITION OF EMPLOYMENT OF CERTAIN PERSONS IN CERTAIN BUILDING OR OTHER CONSTRUCTION WORK: No person about whom the employer knows or has reason to believe that he is a deaf or he has a defective vision or he has a tendency to giddiness shall be required or allowed to work in any operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person.

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Welfare Provisions:Section 32: DRINKING WATER: (1) The employer shall make in every place where building or other construction work is in progress, effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water. (2) All such points shall be legibly marked "Drinking Water" in a language understood by a majority of the persons employed in such place and no such point shall be situated within six meters of any washing place, urinal or latrine. Section 33: LATRINES AND URINALS: In every place where building or other construction work is carried on, the employer shall provide sufficient latrine and urinal accommodation of such types as may be prescribed and they shall be so conveniently situated as may be accessible to the building workers at all times while they are in such place : Provided that it shall not be necessary to provide to separate urinals in any place where less than fifty persons are employed or where the latrines are connected to a water-borne sewage system. Section 34: ACCOMMODATION: (1) The employer shall provide, free of charges and within the work site or as near to it as may be possible, temporary living accommodation to all building workers employed by him for such period as the building or other construction work is in progress. (2) The temporary accommodation provided under sub-section (1) shall have separate cooking place, bathing, washing and lavatory facilities. (3) As soon as may be, after the building or other construction work is over, the employer, shall, at his own cost, cause removal or demolition of the temporary structures erected by him for the purpose of providing living accommodation, cooking place or other facilities to the building workers as required under sub-section (1) and restore the ground in good level and clean condition. (4) In case an employer is given any land by a Municipal Board or any other local authority for the purposes of providing temporary accommodation for the building workers under this section, he shall, as soon as may be after the construction work is over, return the possession of such land in the same condition in which he received the same. Section 35: CRECHES: (1) In every place wherein, more than fifty female building workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such female workers. (2) Such rooms shall(a) provide adequate accommodation; (b) be adequately lighted and ventilated; (c) be maintained in a clean and sanitary condition; (d) be under the charge of women trained in the care of children and infants. Section 36: FIRST-AID: Every employer shall provide in all the place where building or other construction work is carried on such first-aid facilities as may be prescribed. Section 37: CANTEENS, ETC: The appropriate Government may, by rules, require the employer-

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(a) to provide and maintain in every place wherein not less than two hundred and fifty building workers are ordinarily employed a canteen for the use of the workers; (b) to provide such other welfare measures for the benefit of building workers as may be prescribed. Minimum Wages Act, 1948 Section 2: Definitions "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year. "adult" means a person who has completed his eighteenth year of age. 'child' means a person who has not completed his fourteenth year of age. "cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed , means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment. "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of Section 26,(i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under clause (f) of sub-section (1) of Section 7 of the Factories Act, 1948 (63 of 1948), as manager of the factory ; (ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department ; (iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority ; (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages. "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes house rent allowance , but does not include (i) the value of(a) any house-accommodation, supply of light, water, medical attendance, or (b) any other amenity or any service excluded by general or special order of the appropriate Government; (ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance; (iii) any traveling allowance or the value of any traveling concession; (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or

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(v) any gratuity payable on discharge. "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an outworker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government ; but does not include any member of the Armed Forces of the Union. Section 3: Fixing of minimum rates of wages (1) The appropriate Government shall, in the manner hereinafter provided, (a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under Section 27: Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof; (b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary : Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force. (1-A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any Scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time the appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment as soon as may be after such finding. (2) The appropriate Government may fix(a) a minimum rate of wages for time work (hereinafter referred to as "a minimum time rate"); (b) a minimum rate of wages for piece work (hereinafter referred to as "a minimum piece rate"); (c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as "a guaranteed time rate"); (d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as "overtime rate" ). (2-A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such

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proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period. (3)In fixing or revising minimum rates of wages under this section,(a) different minimum rates of wages may be fixed for(i) different scheduled employments; (ii) different classes of work in the same scheduled employment; (iii) adults, adolescents, children and apprentices; (iv) different localities; (b) minimum rates of wages may be fixed by any one or more of the following wage-periods, namely: (i) by the hour, (ii) by the day, (iii) by the month, or (iv) by such other larger wage-period as may be prescribed; and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated : Provided that where any wage-periods have been fixed under Section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith. Section 4: Minimum rate of wages (1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under Section 3 may consist of(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the "cost of living allowance"); or (ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorised ; or (iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any. (2) The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate Government. Section 5: Procedure for fixing and revising minimum wages ( 1 ) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either-

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(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or (b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration. (2) After considering the advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue: Provided that Where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate Government shall consult the Advisory Board also. Section 11: Wages in kind (1) Minimum wages payable under this Act shall be paid in cash. (2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorise the payment of minimum wages either wholly or partly in kind. (3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concession rates, the appropriate Government may, by notification in the Official Gazette, authorise the provision of such supplies at concession rates. (4) The cash value of wages in kind and of concession in respect of supplies of essential commodities at concession rates authorised under sub-sections (2) and (3) shall be estimated in the prescribed manner. Section 12: Payment of minimum rates of wages (1) Where in respect of any scheduled employment a notification under Section 5 is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorised within such time and subject to such conditions as may be prescribed. (2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936). Section 13: Fixing hours for a normal working day, etc (1) In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may(a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals; (b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such day of rest ; (c) provide for payment for work on a day of rest at a rate not less than the overtime rate. (2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed:(a) employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented;

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(b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned; (c) employees whose employment is essentially intermittent; (d) employees engaged in any work which for technical reasons has to be completed before the duty is over; (e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces. (3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display physical activity or sustained attention. Section 14: Overtime (1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher. (2) Nothing in this Act shall prejudice the operation of the provisions of Section 59 of the Factories Act, 1948 (63 of 1948) in any case where those provisions are applicable. Section 15: Wages of worker who works for less than normal working day If an employee whose minimum rate of wages has been fixed under this Act by the day, works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day : Provided, however, that he shall not be entitled to receive wages for a full normal working day(i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work, and (ii) in such other cases and circumstances as may be prescribed. Section 17: Minimum time rate wages for piece work Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wage at not less than the minimum time rate. Section 18: Maintenance of registers and records (1) Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. (2) Every employer shall keep exhibited , in such manner as may be prescribed, in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of out-workers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed particulars. (3) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent.

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Section 20: Claims (1) The appropriate Government may, by notification in the Official Gazette, appoint any Commissioner for Workmen's Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any other officer with experience as a Judge of a Civil Court or as stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of Section 13 or of wages at the overtime rate under Section 14, to employees employed or paid in that area. (2) Where an employee has any claim of the nature referred to in sub-section (1), the employee himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3): Provided that every such application shall be presented within six months from the date on which the minimum wages or other amount became payable: Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period. (3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this Act, direct (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount of such excess, (ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees, and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application. (4) If the Authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application. (5) Any amount directed to be paid under this section may be recovered(a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority as a Magistrate, or (b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate. (6) Every direction of the Authority under this section shall be final. (7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of Section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898). Section 22: Penalties for certain offences Any employer who(a) pays to any employee less than the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this Act, or

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(b) contravenes any rule or order made under Section 13, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both: Provided that in imposing any fine for an offence under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Section 20. Section 22( c): Offences by companies: (1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section,(a) "company" means any body corporate and includes a firm or other association of individuals, and (b) "director" in relation to a firm means a partner in the firm. Section 23: Exemption of employer from liability in certain cases: Where an employer is charged with an offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged : Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examination by or on behalf of the person whom the employer charges as the actual offender and by the prosecution. Section 26: Exemptions and exceptions: (1) The appropriate Government may, subject to such conditions, if any, as it may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees. (2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that subject to such conditions and for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment. (2-A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area or to any establishment or a part of any establishment in a scheduled employment, it is not necessary to fix minimum wages in respect of such employees of that class (or in respect of employees in such establishment or such

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part of any establishment as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the Official Gazette and subject to such conditions, if any, as it may think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees. (3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him. Explanation.- In this sub-section a member of the employer's family shall be deemed to include his or her spouse or child or parent or brother or sister. Payment of Bonus Act, 1965 Section 1:Application Every factory and every other establishment in which twenty or more persons are employed on any day during an accounting year. Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act with effect from such accounting year as may be specified in the notification, to any establishment or class of establishments including an establishment being a factory within the meaning of sub-clause (ii) of clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948) employing such number of persons less than twenty as may be specified in the notification; so, however, that the number of persons so specified shall in no case be less than ten. Section 2: Definitions "accounting year" means (i) in relation to a corporation, the year ending on the day on which the books and accounts of the corporation are to be closed and balanced ; (ii) in relation to a company, the period in respect of which any profit and loss account of the company laid before it in annual general meeting is made up, whether that period is a year or not (iii) in any other case(a) the year commencing on the 1st day of April ; or (b) if the accounts of an establishment maintained by the employer thereof are closed and balanced on any day other than the 3lst day of March, then, at the option of the employer, the, year ending on the day on which its accounts are so closed and balanced. "allocable surplus" means(a) in relation to an employer, being a company (other than banking company) which has not made the arrangements prescribed under the Income-tax Act for the declaration and payment within India of the dividends payable out of its profits in accordance with the provisions of Section 194 of that Act, sixty-seven per cent of the available surplus in an accounting year ; (b) in any other case, sixty per cent of such available surplus. Section 3: Establishments to include departments, undertakings and branches Where an establishment consists of different departments or undertakings or has branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus under this Act : Provided that where for any accounting year a separate balance-sheet and profit and loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such department or undertaking or

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branches shall be treated as a separate establishment for the purpose of computation of bonus under this Act for that year, unless such department or undertaking or branch was, immediately before the commencement of that accounting year treated as part of establishment for the purpose of computation of bonus.

Section 4: Computation of gross profits The gross profits derived by an employer from an establishment in respect of any accounting year shall(a) in the case of a banking company, be calculated in the manner specified in the First Schedule (b) in any other case, be calculated in the manner specified in the Second Schedule. Section 5: Computation of available surplus The available surplus in respect of any accounting year shall be the gross profits for that year after deducting therefrom the sums referred to in Section 6: Provided that the available surplus in respect of the accounting year commencing on any day in the year 1968 and in respect of every subsequent accounting year shall be the aggregate of(a) the gross profits for that accounting year after deducting therefrom the sums referred to in Section 6 ; and (b) an amount equal to the difference between(i) the direct tax, calculated in accordance with the provisions of Section 7, in respect of an amount equal to the gross profits of the employer for the immediately preceding accounting year. (ii) the direct tax, calculated in accordance with the provisions of Section 7, in respect of an amount equal to the gross profits of the employer for such preceding accounting year after deducting therefrom the amount of bonus which the employer has paid or is liable to pay to his employees in accordance with the provisions of this Act for that year. Section 6: Sums deductible from gross profits The following sums shall be deducted from the gross profits as prior charges, namely:(a) any amount by way of depreciation admissible in accordance with the provisions of sub-section (1) of Section 32 of the Income-tax Act or in accordance with the provisions of the Agricultural Income-tax Law, as the case may be. Provided that where an employer has been paying bonus to his employees under a settlement or an award or agreement made before the 29th May, 1965, and subsisting on that date after deducting from the gross profits notional normal depreciation, then, the amount of depreciation to be deducted under this clause shall, at the option of such employer (such option to be exercised once and within one year from that date) continue to be such notional normal depreciation ; (b) any amount by way of development rebate or investment allowance or development allowance which the employer is entitled to deduct from his income under the Income-tax Act ; (c) subject to the provisions of Section 7, any direct tax which the employer is liable to pay for the accounting year in respect of his income, profits and gains during the year ; (d) such further sums as are specified in respect of the employer in the Third Schedule. Section 7: Calculation of direct tax payable by the employer: Any direct tax payable by the employer for any accounting year shall, subject to the following provisions, be calculated at the rates applicable to the income of the employer for that year, namely :(a) in calculating such tax no account shall be taken of-

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(i) any loss incurred by the employer in respect of any previous accounting year and carried forward under any law for the time being in force relating to direct taxes ; (ii) any arrears of depreciation which the employer is entitled to add to the amount of the allowance for depreciation for any following accounting year or years under sub-section (2) of Section 32 of the Income-tax Act ; (iii) any exemption conferred on the employer under Section 84 of the Income-tax Act or of any deduction to which he is entitled under sub-section (1) of Section 101 of that Act, as in force immediately before the commencement of the Finance Act, 1965 (10 of 1965) ; (b) where the employer is a religious or a charitable institution to which the provisions of Section 32 do not apply and the whole or any part of its income is exempt from tax under the Income-tax Act, then, with respect to the income so exempted, such institution shall be treated as if it were a company in which the public are substantially interested within the meaning of that Act ; (c) where the employer is an individual or a Hindu undivided family, the tax payable by such employer under the Income-tax Act shall be calculated on the basis that the income derived by him from the establishment is his only income ; (d) where the income of any employer includes any profits and gains derived from the export of any goods or merchandise out of India and any rebate on such income is allowed under any law for the time being in force relating to direct taxes, then, no account shall be taken of such rebate ; (e) no account shall be taken of any rebate (other than development rebate or investment allowance or development allowance) or credit or relief or deduction (not hereinbefore mentioned in this section) in the payment of any direct tax allowed under any law for the time being in force relating to direct taxes or under the relevant annual Finance Act, for the development of any industry.

Section 8: Eligibility for bonus Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year. Section 9: Disqualification for bonus: Notwithstanding anything contained in this Act, an employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for(a) fraud ; or (b) riotous or violent behaviour while on the premises of the establishment; or (c) theft, misappropriation or sabotage of any property of the establishment. Section 10: Payment of minimum bonus: Subject to the other provisions of this Act, every employer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year 1979 and in respect of every subsequent accounting year, a minimum bonus which shall be 8.33 per cent of the salary or wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year : Provided that where an employee has not completed fifteen years of age at the beginning of the accounting year, the provisions of this section shall have effect in relation to such employee as if for the words "one hundred rupees", the words "sixty rupees" were substituted. Section 11: Payment of maximum bonus

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(1) Where in respect of any accounting year referred to in Section 10, the allocable surplus exceeds the amount of minimum bonus payable to the employees under that section, the employer shall, in lieu of such minimum bonus, be bound to pay to every employee in respect of that accounting year bonus which shall be an amount in proportion to the salary or wage earned by the employee during the accounting year subject to a maximum of twenty per cent of such salary of wage. (2) In computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of Section 15 shall be taken into account in accordance with the provisions of that section. Section 13: Proportionate reduction in bonus in certain cases Where an employee has not worked for all the working days in an accounting year, the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than 8.33 percent of his salary or wage for the days he has worked in that accounting year, shall be proportionately reduced. Section 14: Computation of number of working days For the purposes of Section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which(a) he has been laid off under an agreement or as permitted by standing orders under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment; (b) he has been on leave with salary or wage; (c) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment ; and (d) the employee has been on maternity leave with salary or wage, during the accounting year. Section 15: Set on and set off of allocable surplus (1) Where for any accounting year, the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment under Section 11, then, the excess shall, subject to a limit of twenty percent of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus in the manner illustrated in the Fourth Schedule. (2) Where for any accounting year, there is no available surplus or the allocable surplus in respect of that year falls short of the amount of minimum bonus payable to the employees in the establishment under Section 10, and there is no amount or sufficient amount carried forward and set on under sub-section (1) which could be utilised for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year in the manner illustrated in the Fourth Schedule. (3) The principle of set on and set off as illustrated in the Fourth Schedule shall apply to all other cases not covered by sub-section (1) or sub-section (2) for the purpose of payment of bonus under this Act. (4) Where in any accounting year any amount has been carried forward and set on or set off under this section, then, in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account. Section 16: Special provisions with respect to certain establishments (1) Where an establishment is newly set up, whether before or after the commencement of this Act, the employees of such establishment shall be entitled to be paid bonus under this Act in accordance with the provisions of sub-sections (1-A), (1-B) and (1-C). (1-A) In the first five accounting years following the accounting year in which the employer sells the goods produced or

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manufactured by him or renders services, as the case may be, from such establishment, bonus shall be payable only in respect of the accounting year in which the employer derives profit from such establishment and such bonus shall be calculated in accordance with the provisions of this Act in relation to that year, but without applying the provisions of Section 15. (1-B) For the sixth and seventh accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of Section 15 shall apply subject to the following modifications, namely(i) for the sixth accounting yearset on or set off, as the case may be, shall be made in the manner illustrated in the Fourth Schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth and sixth accounting years; (ii) for the seventh accounting yearset on or set off, as the case may be, shall be made in the manner illustrated in the Fourth Schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth, sixth and seventh accounting years. (1-C) From the eighth accounting year following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of Section 15 shall apply in relation to such establishment as they apply in relation to any other establishment. Provided that if an employer in relation to an existing establishment consisting of different departments or undertakings or branches (whether or not in the same industry) set up at different periods has, before the 29th May, 1965, been paying bonus to the employees of all such departments or undertakings or branches irrespective of the date on which such departments or undertakings or branches were set up, on the basis of the consolidated profits computed in respect of all such departments or undertakings or branches, then, such employer shall be liable to pay bonus in accordance with the provisions of this Act to the employees of all such departments or undertakings or branches (whether set up before or after that date) on the basis of the consolidated profits computed as aforesaid. Section 17: Adjustment of customary or interim bonus against bonus payable under the Act Where in any accounting year(a) an employer has paid any Puja bonus or other customary bonus to an employee ; or (b) an employer has paid a part of the bonus payable under this Act to an employee before the date on which such bonus becomes payable, then, the employer shall be entitled to deduct the amount of bonus so paid from the amount of bonus payable by him to the employee under this Act in respect of that accounting year and the employee shall be entitled to receive only the balance. Section 18: Deduction of certain amounts from bonus payable under the Act Where in any accounting year, an employee is found guilty of misconduct causing financial loss to the employer, then, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under this Act in respect of that accounting year only and the employee shall be entitled to receive the balance, if any. Section 19: Time-limit for payment of bonus All amounts payable to an employee by way of bonus under this Act shall be paid in cash by his employer(a) where there is a dispute regarding payment of bonus pending before any authority under Section 22, within a month from the date on which the award becomes enforceable or the settlement comes into operation, in respect of such dispute ; (b) in any other case, within a period of eight months from the close of the accounting year.

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Provided that the appropriate Government or such authority as the appropriate Government may specify in this behalf may, upon an application made to it by the employer and for sufficient reasons, by order, extend the said period of eight months to such further period or periods as it thinks fit ; so, however, that the total period so extended shall not in any case exceed two years. Section 22: Reference of disputes under the Act Where any dispute arises between an employer and his employees with respect to the bonus payable under this Act or with respect to the application of this Act to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), or of any corresponding law relating to investigation and settlement of industrial disputes in force in a State and the provisions of that Act or, as the case may be, such law, shall, save as otherwise expressly provided, apply accordingly. Section 28: Penalty If any person(a) contravenes any of the provisions of this Act or any rule made thereunder; or (b) to whom a direction is given or a requisition is made under this Act fails to comply with the direction or requisition, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 29: Offences by companies (1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Section 31(A): Special provision with respect to payment of bonus linked with production or productivity Notwithstanding anything contained in this Act,(i) where an agreement or a settlement has been entered into by the employees with their employer before the commencement of the Payment of Bonus (Amendment) Act, 1976 (23 of 1976), or (ii) where the employees enter into any agreement or settlement with their employer after such commencement, for payment of an annual bonus linked with production or productivity in lieu of bonus based on profits payable under this Act, then, such employees shall be entitled to receive bonus due to them under such agreement or settlement, as the case may be: Provided that any such agreement or settlement whereby the employees relinquish their right to receive the minimum bonus under Section 10 shall be null and void insofar as it purports to deprive them of such right : Provided further that such employees shall not be entitled to be paid such bonus in excess of twenty percent of the salary or wage earned by them during the relevant accounting year. Payment of Wages Act, 1936 Section 1: Application

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It applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration, and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of Section 2. Section 2: Definitions "employed person" includes the legal representative of a deceased employed person "employed person" includes the legal representative of a deceased employed person. Section 3: Responsibility for payment of wages (1) Every employer shall be responsible for the payment of all wages required to be paid under this Act to persons employed by him and in case of persons employed,(a) in factories, if a person has been named as the manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948; (b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments; (c) upon railways (other than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned; (d) in the case of contractor, a person designated by such contractor who is directly under his charge; and (e) in any other case, a person designated by the employer as a person responsible for complying with the provisions of the Act, the person so named, the person responsible to the employer, the person so nominated or the person so designated, as the case may be, shall be responsible for such payment. (2) Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the employer to make payment of all wages required to be made under this Act in case the contractor or the person designated by the employer fails to make such payment.". Section 4: Fixation of wage-periods (1) Every person responsible for the payment of wages under Section 3 shall fix periods (in this Act referred to as wage-period) in respect of which such wages shall be payable. (2) No wage-period shall exceed one month. Section 5: Time of payment of wages (1) The wages of every person employed upon or in (a) any railway, factory or industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day, (b) any other railway, factory or industrial or other establishment, shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable. Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion. (2) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated : Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.

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(3) The Appropriate Government may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any railway (otherwise than in a factory) or to persons employed as daily-rated workers in the Public Works Department of the Appropiate Government from the operation of this section in respect of the wages of any such persons or class of such persons : Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government. (4) Save as otherwise provided in sub-section (2), all payments of wages shall be made on a working day. Section 6: Wages to be paid in current coin or currency notes: All wages shall be paid in current coin or currency notes or in both : Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account. Section 7: Deductions which may be made from wages: (1) Notwithstanding the provisions of sub-section (2) of Section 47 of the Indian Railways Act, 1989 (24 of 1989), the wages of an employed person shall be paid to him without deductions of any kind except those authorised by or under this Act. Explanation I.- Every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be a deduction from wages. Explanation II.- Any loss of wages resulting from the imposition, for good and sufficient cause, upon a person employed of any of the following penalties, namely:(i) the withholding of increment or promotion (including the stoppage of increment at an efficiency bar) ; (ii) the reduction to a lower post or time-scale or to a lower stage in a time-scale ; or (iii) suspension ; shall not be deemed to be a deduction from wages in any case where the rules framed by the employer for the imposition of any such penalty are in conformity with the requirements, if any, which may be specified in this behalf by the Appropriate Government by notification in the Official Gazette. (2) Deductions from the wages of an employed person shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely:(a) fines ; (b) deductions for absence from duty ; (c) deductions for damage to or loss of goods expressly entrusted to the employed person for custody ; or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default ; (d) deductions for house-accommodation supplied by the employer or by Government or any housing board set up under any law for the time being in force (whether the Government or the board is the employer or not) or any other authority engaged in the business of subsiding house-accommodation which may be specified in this behalf by the Appropriate Government by notification in the Official Gazette ; (e) deductions for such amenities and services supplied by the employer as the Appropriate Government or any officer specified by it in this behalf may, by general or special order, authorise.

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Explanation.- The word "services" in this clause does not include the supply of tools and raw materials required for the purposes of employment ; (f) deductions for recovery of advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of over-payments of wages ; (ff) deductions for recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by the Appropriate Government, and the interest due in respect thereof ; (fff) deductions for recovery of loans granted for house building or other purposes approved by the Appropriate Government, and the interest due in respect thereof ; (g) deductions of income tax payable by the employed person ; (h) deductions required to be made by order of a Court or other authority competent to make such order ; (i) deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Funds Act, 1925 (19 of 1925), applies or any recognised provident fund as defined in Section 58-A of the Indian Income Tax Act, 1922 (11 of 1922), or any provident fund approved in this behalf by the Appropriate Government, during the continuance of such approval (j) deductions for payments to cooperative societies approved by the Appropriate Government or any officer specified by it in this behalf or to a scheme of insurance maintained by the Indian Post Office ; and (k) deductions, made with the written authorisation of the person employed for payment of any premium of his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government ; (kk) deductions made, with the written authorisation of the employed person, for the payment of his contribution to any fund constituted by the employer or a trade union registered under the Trade Unions Act, 1926 (16 of 1926) for the welfare of the employed persons or the members of their families, or both, and approved by the Appropriate Government or any officer specified by it in this behalf, during the continuance of such approval ; (kkk) deductions made, with the written authorisation of the employed person, for payment of the fees payable by him for the membership of any trade union registered under the Trade Unions Act, 1926 (16 of 1926) ; (l) deductions for payment of insurance premia on Fidelity Guarantee Bonds ; (m) deductions for recovery of losses sustained by a railway administration on account of acceptance by the employed person of counterfeit or base coins or mutilated or forged currency notes ; (n) deductions for recovery of losses sustained by a railway administration on account of the failure of the employed person to invoice, to bill, to collect or to account for the appropriate charges due to that administration whether in respect of fares, freight, demurrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of commodities in grain shops or otherwise ; (o) deductions for recovery of losses sustained by a railway administration on account of any rebates or refunds incorrectly granted by the employed person where such loss is directly attributable to his neglect or default; (p) deductions, made with the written authorisation of the employed person, for contribution to the Prime Ministers National Relief Fund or to such other fund as the Central Government may, by notification in the Official Gazette, specify; (q) deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees.

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(3) Notwithstanding anything contained in this Act, the total amount of deductions which may be made under subsection (2) in any wage-period from the wages of any employed person shall not exceed(i) in cases where such deductions are wholly or partly made for payments to cooperative societies under clause (j) of sub-section (2), seventy-five per cent of such wages, and (ii) in any other case, fifty per cent of such wages : Provided that where the total deductions authorised under sub-section (2) exceed seventy-five per cent or, as the case may be, fifty per cent of the wages, the excess may be recovered in such manner as may be prescribed. (4) Nothing contained in this section shall be construed as precluding the employer from recovering from the wages of the employed person or otherwise any amount payable by such person under any law for the time being in force other than Indian Railways Act, 1890 (9 of 1890). Section 9: Deductions for absence from duty (1) Deductions may be made under clause (b) of sub-section (2) of Section 7 only on account of the absence of an employed person from the place or places where by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work. (2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made a large proportion than the period for which he was absent bears to the total period, within such wage-period, during which by the terms of his employment, he was required to work : Provided that, subject to any rules made in this behalf by the Appropriate Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice. Section 10: Deductions for damage or loss (1) A deduction under clause (c) or clause (o) of sub-section (2) of Section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person. (1-A) A deduction shall not be made under clause (c) or clause (m) or clause (n) or clause (o) of sub-section (2) of Section 7 until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions. (2) All such deductions and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under Section 3 in such form as may be prescribed.

Section 11: Deductions for services rendered A deduction under clause (d) or clause (e) of sub-section (2) of Section 7 shall not be made from the wages of an employed person, unless the house-accommodation amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the houseaccomodation amenity or service supplied and, in the case of a deduction under the said clause (e), shall be subject to such conditions as the Appropriate Government may impose. Section 12: Deductions for recovery of advances Deductions under clause (f) of sub-section (2) of Section 7 shall be subject to the following conditions, namely:(a) recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage-period, but no recovery shall be made of such advances given for travelling expresses ;

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(aa) recovery of an advance of money given after employment began shall be subject to such conditions as the Appropriate Government may impose ; (b) recovery of advances of wages not already earned shall be subject to any rules made by the Appropriate Government regulating the extent to which such advances may be given and the installments by which they may be recovered. Section 12(A): Deductions for recovery of loans Deductions for recovery of loans granted under clause (fff) of sub-section (2) of Section 7 shall be subject to any rules made by the Appropriate Government regulating the extent to which such loans may be granted and the rate of interest payable thereon. Section 13: Deductions for payments to cooperative societies and insurance schemes Deductions under clause (j) and clause (k) of sub-section (2) of Section 7 shall be subject to such conditions as the Appropriate Government may impose. Section 13(A): Maintenance of registers and records (1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed. (2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein. Section 15: Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims: 1) The appropriate Government may, by notification in the Official Gazette, appoint(a) any Commissioner for Workmens Compensation: or (b) any officer of the Central Government exercising functions as,(i) Regional Labour Commissioner; or (ii) Assistant Labour Commissioner with at least two years experience; or (c) any officer of the State Government not below the rank of Assistant Labour Commissioner with at least two years experience; or (d) a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State: or (e) any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate, as the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, of persons employed or paid in that area, including all matters incidental to such claims: Provided that where the appropriate Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act (2) Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under subsection (3) :

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Provided that every such application shall be presented within twelve months from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be : Provided further that any application may be admitted after the said period of twelve months when the applicant satisfies the authority that he had sufficient cause for not making the application within such period. (3) When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further enquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees: Provided that a claim under this Act shall be disposed of as far as practicable within a period of three months from the date of registration of the claim by the authority: Provided further that the period of three months may be extended if both parties to the dispute agree for any bona fide reason to be recorded by the authority that the said period of three months may be extended to such period as may be necessary to dispose of the application in a just manner: Provided also that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to(a) a bona fide error or bona fide dispute as to the amount payable to the employed person; or (b) the occurrence of an emergency, or the existence of exceptional circumstances, the person responsible for the payment of the wages was unable, in spite of exercising reasonable diligence; or (c) the failure of the employed person to apply for or accept payment. (4) If the authority hearing an application under this section is satisfied(a) that the application was either malicious, or vexatious, the authority may direct that a penalty not exceeding three hundred seventy-five rupees be paid to the employer or other responsible for the payment of wages by the person presenting the application ; or (b) that in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding three hundred seventy-five rupees be paid to the Appropriate Government by the employer or other person responsible for the payment of wages. (4-A) Where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such dispute shall be final. (4-B) Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). (5) Any amount directed to be paid under this section may be recovered(a) if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate, and (b) if the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate.

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Section 17: Appeal (1) An appeal against an order dismissing either wholly or in part an application made under sub-section (2) of Section 15, or against a direction made under sub-section (3) or sub-section (4) of that section may be preferred, within thirty days of the date on which the order or direction was made, in a Presidency town before the Court of Small Causes and elsewhere before the District Court(a) by the employer or other person responsible for the payment of wages under Section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees, or (b) by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under sub-section (2) of Section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or (c) by any person directed to pay a penalty under sub-section (4) of Section 15. (1-A) No appeal under clause (a) of sub-section (1) shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against. (2) Save as provided in sub-section (1), any order dismissing either wholly or in part an application made under subsection (2) of Section 15, or a direction made under sub-section (3) or sub-section (4) of that section shall be final. (3) Where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-section (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it. (4) The court referred to in sub-section (1) may, if it thinks fit, submit any question of law for the decision of the High Court and, if it so does, shall decide the question in conformity with such decision. Section 20: Penalty for offences under the Act (1) Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of following sections, namely, Section 5 except sub-section (4) thereof, Section 7, Section 8 except sub-section (8) thereof, Section 9, Section 10 except sub-section (2) thereof, and Sections 11 to 13, both inclusive, shall be punishable with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees. (2) Whoever contravenes the provisions of Section 4, sub-section (4) of Section 5, Section 6, sub-section (8) of Section 8, sub-section (2) of Section 10 or Section 25 shall be punishable with fine which may extend to three thousand seven hundred and fifty rupees. (2-A)Whoever being required to nominate or designate a person under section 3 fails to do so, such person shall be punishable with fine which may extend to three thousand rupees. (3) Whoever being required under this Act to maintain any records or registers or to furnish any information or return(a) fails to maintain such register or record ; or (b) wilfully refuses or without lawful excuse neglects to furnish such information or return ; or (c) wilfully furnishes or causes to be furnished any information or return which he knows to be false ; or (d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act ;

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shall, for each such offence, be punishable with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees. (4) Whoever (a) wilfully obstructs an Inspector in the discharge of his duties under this Act ; or (b) refuses or wilfully neglects to afford an Inspector any reasonable facility for making any entry, inspection, examination, supervision, or inquiry authorised by or under this Act in relation to any railway, factory or industrial or other establishment; or (c) wilfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act ; or (d) prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing before or being examined by an Inspector acting in pursuance of his duties under this Act, shall be punishable with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees. (5) If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which shall not be less than three thousand seven hundred and fifty rupees but which may extend to twenty two thousand five hundred rupees: Provided that for the purpose of this sub-section, no cognizance shall be taken of any conviction made more than two years before the date on which the commission of the offence which is being punished came to the knowledge of the Inspector. (6) If any person fails or willfully neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to seven hundred fifty rupees for each day for which such failure or neglect continues. Section21: Procedure in trial of offences (1) No Court shall take cognizance of a complaint against any person for an offence under sub-section (1) of Section 20 unless an application in respect of the facts constituting the offence has been presented under Section 15 and has been granted wholly or in part and the authority empowered under the latter section or the appellate Court granting such application has sanctioned the making of the complaint. (2) Before sanctioning the making of a complaint against any person for an offence under sub-section (1) of Section 20, the authority empowered under Section 15 or the appellate Court, as the case may be, shall give such person an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such person satisfies the authority or Court that his default was due to(a) a bona fide error or bona fide dispute as to the amount payable to the employed person, or (b) the occurrence of an emergency, or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence, to make prompt payment, or (c) the failure of the employed person to apply for or accept payment. (3) No Court shall take cognizance of a contravention of Section 4 or of Section 6 or of a contravention of any rule made under Section 26 except on a complaint made by or with the sanction of an Inspector under this Act. (3-A) No Court shall take cognizance of any offence punishable under sub- section (3) or sub-section (4) of Section 20 except on a complaint made by or with the sanction of an Inspector under this Act.

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(4) In imposing any fine for an offence under sub-section (1) of Section 20 the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Section 15. Exemplifying Labour problems & Solutions, thereby few cases. Industrial Disputes Act, 1947 1. Claim of Back Wages by an employee. An employee can claim back wages on being in uninterrupted service. If an employee obtains employment elsewhere then the amount earned will be deducted for the period of service elsewhere and only balance will be paid to him. Reference: Abhinash Chander Gautam Vs Union Territory of Tripura and another, 1984 (48) FLR 56 (SC).S.G Chemicals & Dyes Trading Employees Union Vs S.G Chemicals & Dyes Trading Ltd. And another, 1986 (Supreme court cases (L&S)303. 2. Calculations of Back Wages. The benefits of revised wages, revised D.A, leave encashment and bonus will be taken into consideration. Reference: Jai Bhagwan Vs The management of Ambala Central Co-operation bank Ltd. And another, 1983 (47) FLR 532 (SC) Apprentices Act, 1961 1. Obligations of providing job. There is no such obligations for the employer. Reference: Kuriakose Vs. Cochin Shipyard Ltd & Others, 1985 (67) FJR 238 (Ker.HC) 1985 2 LLN 694. Contract Labour (Regulation & Abolition) Act, 1970 1. Absorption of contract Labour by Principal Employer. Not Mandatory. Reference: Steel Authority of India Ltd. Ors Vs. National Union Water Front workers & Ors, 2001 LLR 961 (SC). Employee State Insurance Act, 1948 1. Casual employees of a contractor. Workers engaged through the contractor will be considered employees of the factory/establishment and will be covered by this act. Reference: Employees State Insurance Corporation Vs. Suresh Trading Company, 1983 (Ker.HC) LLR 168. 2. Coverage of casual and construction workers. Considered as employees under the E.S.I act. Reference: Regional Director Employees State Insurance Corp., Madras & others Vs. South India Flour Mills (P) Ltd., and others, 1986 LLR 65: 1986 Lab. IC 1193: AIR 1986 SC 1686: 2 LLN 358: 1986 2 LLJ 304: 1986 (53) FLR 178. Hindustan Times Ltd Vs E.S.I.C. and another (36) DLT 135.

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3. Coverage of Petrol Pump under E.S.I Petrol Pump is covered under this act. Reference: E.S.I.C Vs. Bhag Singh, 1988 LIC 1170: 1989 (2) LLJ 126 (P&H) F.B Baranagar Service Station Vs E.S.I.C, 1988 Lab. IC 302. 4. Coverage of part-time employees. If a part-time employee has a contract with the employer. His attendance is marked, governed by labour laws, he is paid overtime wages, bonus or employed on daily rate basis is covered under E.S.I Reference: T.I Cycle of India, Madras Vs. Regional Director Employees State Insurance Corp., 1977 Lab. IC 1335: (1977) I Mad. LJ 511 DB. Employees Provident fund and Miscellaneous Provisions Act, 1952 1.Casual employees and E.P.F To enjoy the benefits of this act one must be a regular employee of the establishment. Reference: Laxmi Restaurant and another Vs. Regional Provident Fund Commissioner, Delhi (1975) II LLN 213: (1974) Vol. 76 Pun. LR 262: 1975 Rajdhani LR 219: 47 FJR 168. 2. E.P.F and Employees engaged by the contractor. Contractors employee have also become eligible for the provident fund benefits w.e.f 31.3.1963. Reference: Orissa Cement Ltd Vs. Union of India, AIR 1962 SC page 1402; 1962-I LLj 400. Gopalan ( K) Vs. U.O.I 1973 Lab. IC 287; 40 FJR 546 (Delhi High Court) Payment of Bonus Act, 1985 1. Bonus Eligibility for Probationers Probationer is eligible for bonus. Reference: Bank of Madura Ltd Vs. Bank of Madura Employees Union, 1970 (2) LLJ 21: 1970 (50) FLR 381: 1970 Lab. And IC 1215. Payment Of Gratuity Act, 1972: 1. Forfeiture of Gratuity. Gratuity payable is forfeited if the services of an employee is terminated for riotous and disorderly conduct, moral turpitude. Reference: Bombay Gas Public Company Ltd Vs. Shri Papa Akbar & Others, 1990 (I) CLR 102 (Bom.HC): 1990 LLR 118. Charge Sheet 1. Essential of a charge sheet. A charge sheet is a charter of disciplinary action which specifically sets out all charges which the workman is called upon to show cause against and also should state all relevant particulars without which he cannot defend himself. Reference: Amulya Ratan Mukherjee Vs. Deputy Chief Mechanical Engineer, AIR 1961 Cal. 40.

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2. Language of Charge Sheet. While drafting a charge sheet, care should be taken to see that the charge sheet is in a language which the delinquent worker can easily understand. Reference: Allenberry Co. Ltd. Vs Workmen, 1953-II 299 (Adjudicator, Kanpur) 3. Who can issue charge sheet The person who has the power to appoint employees has the power to issue charge sheet. Reference: Lakhraj Sathram das Vs. N.M Shah, AIR 1966 SC 324: (1966) 1 SCJ 24: (1966) 5 Law Rep 6. 4. Consequences of delayed issuing of charge sheet. Charge sheet is quashed if there is long delay in issuing charge sheet. Reference: R.P Nanda Vs. DDA and Another, 2004 LLR 296: 109 (2004) DLT 613 (Del. HC). Preventive & Corrective action for integration of management and employees interests behaviour for better results for the organization 1. Discipline and Disciplinary action Discipline in broad sense means orderliness. Discipline is said to be good when employees willingly follow the rules and regulations of the company. It is said to be bad when employees either follow rules unwillingly or actually disobey instructions/regulations. If disciplinary action is for conditioning of the behaviour, it could be achieved by the application of rewards or penalties. This approach would include positive motivational activities. 2. Positive Motivational Activities The attitude of employees to maintain orderliness and discipline could be conditioned through participative programmes such as recreational and social program.

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Factories Act
Form No.1 APPLICATION FOR PERMISSION TO CONSTRUCT EXTEND OR TAKE INTO USE ANY BUILDING AS A FACTORY
..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... .....................................................................

Applicant's Name Applicant's Calling Applicant's Address Full Name & Postal address of factory Situation of the factoryProvince District Town or village Nearest Police Station Nearest Railway Station or Steamer Ghat Particulars of plant to be installed Signature of Applicant Date

NOTE:- This application shall be accompanied by the following documents: A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages; Plans, in duplicate, drawn to scale, showing :(b) (i) the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains etc. an

(a)

111

(ii)

the plan elevation and necessary cross-sections of the various buildings, indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machinery aisles and passage ways; and

(c)

Such other particulars as the Chief Inspector may require.

112

Form No.2 APPLICATION FOR REGISTRATION AND GRANT OR RENEWAL OF LICENSE FOR THE YEAR AND NOTICE OF OCCUPATION SPECIFIED IN SECTIONS 6 & 7
1. Full name of the factory I with factory licence No. if ..... ..... already registered. 2. (a) Full Postal address and situation of the factory. ...... ...... (b) 3. Full address to which communication relating to .......... ......the factory should be sent.

Nature of manufacturing process/processes. (a) Carried on in the factory during the Last twelve months (in the case of factories already in existence) (b) to be carried on in the factories during the next twelve months (in the case of all factories)

4. Names and values of principal products manufactured during the last 12 months. 5. (i) Maximum number of workers proposed to be.... ..... employed on anyone day during the year. (ii) Maximum number of workers employed on any.... ..... one day during the last 12 months. (iii) 6. Number of workers to be ordinarily employed .... ..... in the factory.

(i) Nature and total amount of power (H.P. installed .... ..... or proposed to be installed). (ii) Maximum amount of power (H.P.) proposed to.... ..... be used.

7. Full name and residential address of the person who .... ..... shall be the Manager of the factory for the purposes of the Act. 8. Full name and residential address of the occupier: (i) The Proprietor of the factory in case of private .... ..... firm/proprietory concern. (ii) Directors in case of a public limited liability .... ..... company/firm. (iii) Where a Managing Agent has been appointed .... ..... the name of Managing agents and Directors

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thereof. (iv) Shareholders in case of a private company where .... ..... no Managing Agent has been appointed. (v) 9. Full name and address of the owner of the premises .... ..... or building (including the precincts thereof) referred to in Section 93. 10. In case of factory constructed or extended after the date of the commencement of the Central Factories Rules, 1950. (a) Reference number and date of approval of the plans or construction or extension of factory by the Chief Commissioner /Chief Inspector. (b) Reference number and date of approval of the.... .... arrangements, if any made for the disposal of trade waste and effluents and the name of the authority granting such approval. The Chief Administrative Head in case of a .... ..... Government or local fund factory.

11. Amount of fee Rs........ (Rupees) ....... paid in ........Treasury on ........vide challan No ........ (enclosed Signature of Occupier Date. Signature of Manager Date Notes: 1. This form should be completed in ink in block letters or typed. 2. If power is not used at the time of filling up this form; but is introduced later; the fact should be communicated to the Chief Inspector immediately. 3. If any of the person named against item 8 is minor, the factiously be clearly stated. 4. In the case of a factory, where under the provision of sub-sections 1 and 2 of Section 100, a person has been nominated as the occupier, information required in item 8 should be supplied only in respect of that person. 5. In the case of a factory where a managing Agent or Agents have been appointed as occupiers under the Indian Companies Act, 1913 VII of 1913), information required in item 8 should be supplied on y in respect of that person or persons.

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Form No.3 NOTICE OF CHANGE OF MANAGER

1. 2. 3. Name of factory with current license number Postal address Name of outgoing manager .................................................................... .................................................................... ....................................................................

4.

Name of new manager with postal address of his residence and .................................................................... telephone number, if installed Date of appointment of the new manager with parentage ....................................................................

5.

Date Place

Signature of new Manager

Signature of Occupier

115

Form No. 4 LICENCE TO WORK A FACTORY

Licence No............................... Reg. No............................... Date of Reg........................... Licence is hereby granted to..................................................... for premises known as .................................................. situated at.............................................. for use as a facstory within the limits stated hereinafter, subject to provisions of the Factory's Act, 1948, and the rules made there under :The.................. 2O Valid for Maximum Maximum number of installed power Fee workers on any capacity in day Date payment of Excess fee of Date late payment payment of signature of the Issuing Authority Issuing Authority

Calender Year Granted under rule 5 Renewed under rule 7

.................................................................................................. .................................................................................................. .................................................................................................. TRANSFERS Towhom transferred Year of transfer Date of payment transfer signature fee Authority of Issuing

AMENDMENTS Year When Workers amended Installed power capacity H.P date of payment of Additional fee in amendment fee Date of fee Signature of the issuing Authority

116

117

Forms No. 5 Certificate of Fitness

Serial No............................................................... (1) Date ..................................................................... Name ................................................................... (2) Father's Name ..................................................... (3) Sex ....................................................................... (4) Residence ............................................................ (5) (6) *Date of Birth, if available and / or ............................................................................ Physical Fitness ...................................................... (7) (8) Descriptive marks ............................................... ................................................................................ ............................ .................................................... ........................................................ ........................ Reason for (1) refusal of certificate ....................................... (2) Certificate being revoked ...............or............ ....................................................................... ....................................................................... ....................................................................... His / her descriptive marks are ............................... ............................................................................... ............................................................................... who is desirous of being employed in a factory, and that his / her age, as nearly as can be as curtained from my examination, is .................. years; and that he/ she is fit for employment in factory as an adult / child. age Certified ................................................................................ ................................................................................ Son/ Daughter ........................................................ ................................................................................ Date ..................................................................... I hereby certify that I have personally Name ...................................................................... ................................................................................ examined Serial No...............................................................

(9)

Note;- Exact details of cause of physical disability should be clearly stated. * Vide Notification No. F.1(135)/53-I & L (ii) dated 25 th June, 1957 .

118

Form No. 6 Humidity Register

Department ...................................................................... Hygrometer Distinctive mark or number ............................................... Position in department......................................................

Readings of Hygrometer Between 7 and 9 a.m. Between Between 4 If on Remarks 11a.m. and and 5.30 humidity 2p.m. (but p.m. insert none not in the rest period) Wet Bulb Dry Bulb Wet Bulb Dry Bulb Wet Bulb

Date

Year Month

Day Dry Bulb

1st 2nd 3rd 4th 5th 6th 7th 8th 9th

----------------------------

----------------------------------------------

----------------------------

119

10th 11th 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st 22nd 23rd 24th 25th 26th 27th 28th

----------------------------------------------------------

------------------------------------------------------------------------------------------------

----------------------------------------------------------

120

29th 30th 31st

----------

----------------

---------(Signed) ..................................................... Certified that the above entries are correct (signed) .....................................................

121

Form No. 7 Record of Lime washing, Painting etc.

Date on which lime-washing, painting Parts lime-washed, painted, Treatment, whether lime- varnishing or oiling was carried out Remarks Part of factory e.g. name of varnished or oiled e.g. walls, washed, painted varnished (according to the English calendar) room ceiling, wood work etc. or oiled Date 1 Month 2 Year 3 4 5 6 7

123

Form No. 7B Prescribed for Report of Examination of Hoist or Lift/ Occupier/ (or owner) of Premises

Address: 1. (a) (b) 2. Type of hoist or lift and Identification number or description. Date of construction or re-construction (if ascertainable).

Design and construction. Are all parts of the hoist or life of good mechanical construction sound material and adequate strength (so as ascertainable).

3.

Maintenance. Are the following parts of the hoist or lift properly maintained and in good working order, If not, state what defects have been found :(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Enclosure of hoistway or liftway. Landing gates and cage gate(s). Interlocks on the landing gates and cage gate(s). Other gates fastenings. Cage and platform and fittings guides, buffers, interior of the hoistway or liftway. Over-running devices. Suspension ropes or chain and their attachments. Safety gear, i.e. arrangements for preventing fall of platform or cage brakes. Brakes. Worm or super gearing. Other electrical equipment. Other parts.

4. 5. 6. 7.

What parts (if any were) inaccessible. Repairs, renewals or alterations (if any) required and the period with which they should be executed. Maximum safe working load subject to repairs, renewals or alterations (if any) specified in (5). Others. I/We verify that on .......................I/We thoroughly examined this hoist of life and that above is correct report of the result. Signature............. Counter signature........... If employed by a company or association give names and address. Qualification ........................................................... Address.................................................................. Date ................................

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Date ............................. Note:-Details of any renewal or alterations required should be given in 5 above.

FORM No. 8 REPORT OF EXAMINATION OF PRESSURE VESSEL

Address: 1. 2. 3. 4. 5. 6. Name of Occupier (or Factory Situation and address of Factory Name, description and distinctive number of pressure vessel Name and address of manufacturers Nature of process in which it is used Particulars of vessel :(a) (b) (c) (d) (e) 7. 8. 9. 10. What examination and tests were made? (specify pressure if hydraulic test was carried out.) 11. Condition of vessel (State any defects materially affection the safe working pressure or the safe working of the vessel). External........... Internal............ 12. Are the required fittings and appliance provided in accordance with the rules of pressure vessels ? 13. Are all fitting and appliance properly maintained and in good condition ? 14. Repairs (if any) required, and period within which they should be executed and any other condition which the person making the examination thinks it necessary to specify for accuring safe working. 15. Safe working pressure, calculated from dimensions and from the thickness, and other data ascertained by the present examination, due allowance being made for conditions of working if unusual or exceptionally severe (State minimum thickness of walls measure during the examination) Date of construction Thickness of walls Date on which the vessel was first taken into use Safe working pressure recommended by the manufacturer The history should be briefly given, and the examiner should state whether he has been the last previous report

Date of last hydraulic test (if any) and pressure applied Is the vessel in open, or otherwise exposed to whether or to damp. What parts (if any where in accessible)

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16. Where repairs affecting the safe working pressure are required, state the working pressure (a) (b) (c) 17. Before the expiration of the period specified in (14) After the expiration of such period if the required repairs have not been completed After the completion of the required repairs ....................

Other observations............................. I certify that on ...................... the pressure vessel described above was thoroughly cleaned and (so far as its construction permits) made accessible for thorough examination and for such tests as were necessary for thorough examination and that on the said date, I thoroughly examined this pressure vessel including its fittings, and that the above is a true report of my examination. Signature .................... Qualification .................. Address ......................

Date ........................ If employed by a Company or Association................................................ give name and address.

126

FORM No.8A REPORT OF EXAMINATION OF WATER-SEALED GASHOLDER

1. 2. 3. 4. 5. Name of Occupier of Factory Situation and address of Factory Name, description, distinguishing number or letter and type of gasholder. Name and address of the manufacturer. (a) (b) (c) 6. 7. No. of lifts. Maximum capacity in cub-meters (cub. ft.) Pressure thrown by holder when full of gas.

Particulars of gas to be stored in the holder. Particulars as to be condition of(a) (b) (c) (d) (e) Crown Side sheeting, including grips and cups. Guiding Mechanism (Roller carriages, rollers, pins, guide rails or ropes.). Tank. Other structure, if any (columns, framing and bracing).

8. 9. 10. 11.

Particulars as to position of the lifts at the time of examination. Particulars as to whether the tank and lifts were found sufficiently level for safe working and if not, as to the steps taken to remedy the defect. Date of examination and by whom it was carried out. Condition of vessel External Internal

127

12. Are all fittings, appliances properly maintained and in a good condition repairs, if any, required and period within which they should be execute and any other condition which the person making the examination thinks it necessary for safe working. 13. Other observations. I certify that on the gasholder described above was thoroughly examined and such of the tests as were necessary made on the same day and that the above is a true report of my examination. Signature .................... Qualification .................. Address ...................... Date ........................ If employed by a Company or Association................................................ give name and address.

FORM NO. 9 Register of Compensatory Holidays

Weekly rest days lost due to the exempting order in Serial Number Number in the register of workers Name Group of Relay No. Number & Date Exempting order 5 Year January to March April to June July to September October to December

10

Date of compensatory holidays given in

January to March

April to June

July to September

October to December

Last rest days carried to the next year

Remarks

128

11

12

13

14

15

16

129

FORM NO. 10 Overtime Muster Roll Exempted Workers Monthending.......... No. in Register Name Departme nt Dates on Dates Extent Total Norm Norm Overti Norm Overti * Cash Total which on overtim overtime al al me rate al me equivalent earnin overtim which e on worked Hours rate of pay earnin earning of g e overti each or of g advantage paymen me has occasi producti Pay accruing ts made been on on in through worked case of the piece concessio workers nal sole of food grains and other articles 4 5 6 7 8 9 10 11 12 13 14

130

FORM NO. 10(A) Overtime Slip for Overtime Work

Monthending..................20 No. in Register Name Department Dates on Extent which of C.T. overtime work on work has each been date done Total C.T. work or prdts in case of piece workers 6 Normal Hours Normal rate of Pay Overtime Normal rate of earning pay Overtime Total earning earning Dates on which overtime payments made

10

11

12

13

131

FORM NO. 11(A) Notice of Periods of Work for Adults

On half working days ......... Name of Factory ........... Hours of starting work........ Where Situated............ On ordinary working days Hours of starting work.......... Hours of closing work.......... Hour of closing work......... Date on which notice first exhibited....

(Signed.............................................................

Manager......................................................

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FORM NO. 11(B) Notice of Periods of Work for Adult Workers Name of Factory .......
Period of Work Groups A Relays On working day ;From ---To From To On partial working days;From To From To ---------1 2 3 1 B 2 3 1

Place ...........

District ......
Men Total number of men employed C 2 3 1 D 2 3 1 E 2 3

133

Women Total number of women employed F G H I J

Description of groups

Group Nature Remarks letter of Work 3 B C D E F G H I J A

134

Dated on which notice first exhibited .................. (signed) .................

135

FORM NO. 12 Register of Adult Workers

Number and date of Certificate, if an adolesent Serial No. Name Father's Name Residential Address Nature of Work Letter of Number of group as in relay, if Form No. working in shifts 6 7 Number of Certificate and Date Token Number giving reference to the Certificate Remarks

10

136

FORM NO. 13 Notice of Periods of Work for Child Workers

Name of Factory ....... Place ...........

District ......
Periods of Work Groups Relays 1 A 2 1 B 2 1 C 2 Group Nature Remarks Letter of Work Description of groups

From ....... To ........

Dated on which this notice is first exhibited ............ Manager (Signed) ..............

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FORM NO. 14 Notice of Periods of Work for Child Workers Serial No. Name Father's Name Residential Date of first Number of Address of employment certificate Child worker and its date Token Number giving reference to the Certificate 7 Letter of group as in Form No. Number of relay, if working in shifts Remarks

10

138

FORM NO. 15 Register of Leave with Wages Serial No. ......... Department........ Serial No. in the Register of Adult/ Child workers.... Date of entry into service,.... Name of factory...... Adult/ Child ....... Name.......... Father's Name ..... Date of Discharge...... Date of amount of payment in lieu of leave due ......

Number of days worked during the calendar year Wage Period Calender year of From... Service To...... Wages earned during wages period

Leave to Credit Leave earned during the year mentioned in col. 1 10

No. of days No. of days No. of days No. of days Total of col. Balance of of work of day-off of maternity leave 4 to 7 leave from the performed leave enjoyed preceding year

Leave enjoyed Total of cols. Whether leave in 9 to 10 accordance with From.... to...... scheme under section 79(8) was No. of days......... refused

Balance leave credit

of Normal rate Cash equivalent of to of wages advantage according through concessional sale of food grains & other articles

Rate of wages for Remarks the leave period (total of cols. 15 & 16)

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11

12

13

14

15

16

17

18

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FORM NO. 16 Leave Book Shall be the same as Register of Leave with Wages (Form No. 15 but shall be made out separately for each worker or a thick bound sheet)

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FORM NO. 17 Health Register

(In respect of persons employed in occupations declared to be dangerous operations under Section 87) Name of Certifying Surgeon : Shri ............. Shri ............. Shri ............. From ......... From ......... From ......... Dates of medical Date Reason Nature of Raw Examinati of for Job or materi on by leavin leaving occupati al or Certifying g or transfer on By transf or produ Surgeon er to dischar ct other ge handl work ed Result of Medical Examina tion Recertifi ed fit to If suspend resume ed from duty on (with work, signatur state e of period of suspensi Certifyin g on with Surgeon detailed ) reasons. To........... To........... To...........

Seri Wor Name Se Age al k of x (last No. No. Work birthda er y)

Date of employm ent on present work

If Signatu certifying re with of date of unfitness Certifyi or ng suspensi Surgeo on n issued t o worker

10

11

12

13

14

15

(i) Column8. Detail summery of reasons for transfer or discharge should be stated. (ii) Column 11. Should be expressed as fit/ unfit/ suspended.

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Form No. 17A Test Report ................ Dust Extraction System

1. 2. Description of system Hood (a) Serial No. of Hood. (b) Contaminant captured. (c) Capture velocities (at points to be specified). (d) Volume exhausted at Hood. (e) Hood static pressure Design Actual Value 3. Total pressure drop at (a) Joints (b) Other points of system (to be specified) 4. 5. Transport Velocity in Dust (at points alone dust to be specified) Air cleaning Device. (a) Type used. (b) Velocity at inlet. (c) Static Pressure at inlet. (d) Velocity at outlet. (e) State Pressure at outlet. 6. Fan. (a) Type used. (b) Volume handled. (c) Static pressure.

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(d) Pressure drop at outlet of fan. 7. Fan Motor. (a) Type. (b) Speed and horse Power. 8. Particulars of defects, if any, disclosed during test in any of the above components. I certify that on this............day of ............the above dust extraction system was thoroughly cleaned and (so far as its construction permits) made accessible for thorough examination. I further certify that on the said date, I thoroughly examined the above dust extraction system including its components and that the above is a true report of my examination. Signature ............ Qualification........... Address ...............

Date ............... If employed by a Company or Association give name and address.

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146

Form No. 18 NOTICE OF ACCIDENT OR DANGEROUS OCCURRENCE RESULTING IN DEATH OR BODILY INJURY (To be sent forthwith to the Inspector of Factories)
See Instruction below

This space to be completed by Inspector of Factories

District Date of Receipt Number of Accident or dangerous Occurrences Industry No. Causation No. Sex (M.W.B., or G) Other particulars (e.g. fatel, leg injury, arm injury etc.) Date of Investigation Result of Investigation

1. 2. 3. 4. 5. 6.

Name of Factory Address of Works where accident or dangerous occurrence happened Nature of Industry Branch or Department and exact place where the accident or dangerous, occurrence happened. Injured person's name and address Fan. (a) Sex (b) Age (last birthday and)

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(c) Occupation of injured person 7. Date and hour of accident or dangerous occurrence (a) Type. (b) Speed and horse Power. 8. 9. Hour at which he started work on day of accident or dangerous occurrence. (a) Cause or nature of accident or dangerous occurrence (a) (b) If caused by machinery: (i) Give name of the machine and part causing the accident or dangerous occurrence, and (b) (i) (ii) (c) State exactly what injured person was doing at the time (e) 10. Nature and extent of injuries (e.g.) fatel, loss of finger, fracture of leg, scald, scratch followed by ............................................... Sepsis .................................................. 11. If accident or dangerous occurrence is not fatel, state whether injured person was disabled for 48 hour or more ............................... 12. Name of medical officers in attendance or injured person. I Certify that to the best of my knowledge and belief the above particulars are correct in every respect. State whether it was moved by mechanical power at the time (b) (ii).

Signature of Occupier or Manage Date of despatch of report Note :- To be completed in legible handwriting or preferably typewritten.

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Form No.18A Vide para 2 of Schedule Under Rule 96) (Notice of dangerous occurrence which does not result in death or Bodily injury)
1. Name and address of the factory 2. Name of the Occupier 3. Name of the Manager 4. Nature of Industry 5. Branch or Department and exact place where the dangerous occurrence took place 6. Date and Hour of occurrence (State exactly what happened) I certify that, to the best of knowledge and belief the above particulars are correct in every respect. Note:- To be completed in legible handwriting or preferably typewritten. (This space to be completed by Inspector of Factories). District Date of receipt

D.O.No. Date of Investigation Causation No. Result of Investigation

Signature of the Occupier /Manager Date of despatch of Report

149

150

Form No.19
To be filled in by the Chief Inspector, No. of case Remarks NOTICE OF POISONING OR DISEASE (See Instruction on reverse) Factory Particulars 1. 2 3. 4. Person Affected 5. 6. 7. 8. 9. General Particulars 10. Name of Factory Address of factory Address of office or private residence of occupier Nature of industry Nameand Works Number of Patient Address of Patient Sex and Age of Patient Precise occupation of Patient Nature of Poisoning or Disease from which patient is suffering Has the case been reported to the Certifying Surgeon

Signature of Factory Manager Dated

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152

Form N 0. 20 ABSTRACT OF FACTORIES ACT, 1948 (To be fixed in a conspicuous and convenient place at or near the main entrance to the factory) Interpretation
"Factory" means any premises including the precincts thereof(i) Where on ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of the Indian Mines Act, 1923 (IV of 1923), or a railway running shed. "Worker" means a person employed, directly or through any agency, whether for wages or not in any manufacturing process or in cleaning any part of the machinery or premises used for a manufacturing process in any other kind of work incidental to, or connected with the manufacturing process, or the subject of the manufacturing process. "Manufacturing process" means any process for making, altering, repairing ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adopting any article or substance with a view to its, sale, transport, delivery or disposal, or pumping oil, water or sewage, or generating, transforming power or composing types for printing, printing by letter press, lithography, photogravure or other similar processes or book binding or constructing reconstructing, repairing, refitting, finishing or breaking up ships or vessels. Working hours, holidays, intervals for rest, etc. 1. Hours of work (Adults). Sections 51 and 54- No Adult worker shall be required, or allowed to work in a factory for more than 48 hours in any week and for more than 9 hours in any day, or with the previous approval of the Chief Inspector, the daily maximum specified in Sec. 51 may be exceeded in order to facilitate the change of shifts. 2. Relaxation of hours of Work (Adults). Section 64- The ordinary limits on working hours of adults may be relaxed in certain special cases, e.g. workers engaged on urgent repairs; in preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory, in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest in work which for technical reasons must be carried on continuously throughout the day; in making or supplying articles of prime necessity which must be made or supplied every day; in a manufacturing process which cannot be carried on except during fixed seasons, or at times dependent on the irregular action of natural forces in engine rooms or boiler houses or in attending to power plant or transmission machinery, or in printing of news paper held upon account of the breakdown of machinery, or the loading or unloading of railway wagons. Except in the case of urgent repairs, the relaxation shall not exceed the following limits(i) the total number of hours of work in any day shall not exceed ten; (ii) the total number of hours of overtime work shall not exceed 50 for anyone quarter;

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(iii) the spread over inclusive of intervals for rest shall not exceed 12 hours in anyone day. In the case of any or all adult workers in any factory, the ordinary limits on working hours of adults may be relaxed, for a period or periods not exceeding in the aggregate 3 months in any year, to enable the factory to deal within exceptional press of work. 3. Payment for Overtime. Section 59- Where a women works in a factory for more than 9 hours in any day or for more than 48 hours in any week he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate wages. 4. Exemption of supervisory Staff. Section 64- Chapter VI of the Act- Working hours of adults-does not apply to persons holding position in a factory. 5. Weekly Holiday (Adult). Section 52- No adult worker shall be t required or allowed to work in a factory on the first day of the week unless he has, or will have, a holiday for a whole day on one of the three days immediately before or after the said day, and the manager of the factory has, before the said day or the substituted day, whichever is earlier, delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and displayed a notice to that effect in the factory. Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. Where a worker in a factory, as a result of exemption from the ordinary provision relating to weekly holidays is, deprived of any of the weekly holidays he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month compensatory holidays of equal number of the holidays so lost. 6. Intervals for Rest (Adults). Sections 55 and 56- The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed 5 hours before he has had an interval for rest of at least half hour and that inclusive of his intervals for rest they shall not spread over more than 10 hours in any day or, with the permission of the Chief Inspector in writing, 12 hours. 7. Prohibition of Double Employment. Sections 60,71 and 99- No child or, except in certain circumstances an adult worker, shall be required or allowed to work in any factory on any day on which he has already been working in any other factory. In a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages shall be punishable with fine, which may extend to Rs. 50 unless it appears to the court that the child so worked without the consent or connivance of such parent, guardian or person. 8. Prohibition of Employment of Children under 14 Section 67- No child who has not completed his fourteenth year shall required or allowed to work in any factory. 9. Hours of Work (Children). Section 71-Nochild shall be employed or permitted to work in any factory for more than 4Y2 hours in any day and between the hours of 7 P.M. and 6 A.M. The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than 5 hours each and each child shall be employed in only one of relays The provision relating to weekly holidays shall also apply to child workers and no exemption from this provision may be granted in respect of any child. 10. Prohibition of Employment of Women. S,section 66- No Woman shall in any circumstances be employed in any factory more than 9 hours in any day or between the hours of 7 P.M. and 6 A.M. There shall be no change of shifts except after a weekly holiday or any other holiday.

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Leave with wages 11. Leave with Wages. Section 79 and 80/83 and Rules- Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of(i) if an adult, one day for every twenty days of work performed by him during the previous calender year; (ii) if a child, one day for every 15 days of work performed by him during the previous calender year; Any days of layoff, by agreement or contract, or as permissible under the standing orders; in case of a female worker, maternity leave for any number of days not exceeding twelve weeks, and the leave earned in the year prior to that in which the leave is enjoyed shall be deemed to be days on which the worker has worked in a factory for the computation of the period of 240 days or more but he shall not earn leave for these days. The leave admissible under Sec. 79 shall be exclusive of all holidays, whether, occurring during or at either end of the period of leave. A worker whose service commences otherwise than on the first day of January, shall be entitled to leave with wages at the rate laid down in Sec. 79 (i) if he has worked for two-thirds of the total days in the remainder of the calender year. If a worker is discharged or dismissed from service during the course of the year he shall be entitled to leave with wages at the rates laid down in Sec. 79 (1) even if he has not worked in the entire calendar year. Fraction of leave of half a day or more shall be treated as one full day's leave and fraction of less than half a day shall be omitted. If a worker does not in anyone calendar year take the whole of the leave allowed to him, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year provided total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in case of adult and forty in the case of a child. Un availed leave shall be carried forward without any limit provided a worker who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down under Sec. 79(8), (9). A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes leave to being and thirty days before that date if he is employed in a public utility service provided that the number of time in which leave may be taken during any year shall not exceed three. If a worker wants to avail himself of leave with wages due to him to cover a period of illness he shall be granted leave even if application is not made within the time specified above. An application for leave with wages which does not contravene any scheme lodged under sec. 79 (8), (9) shall not be refused if it is made within the time specified above. If the employment of a worker who is entitled to leave under Section 79 terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable in respect of the leave not taken and such payment shall be made before the expiry of the second working day on which his employment is

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terminated. Un availed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal. The manager shall maintain a leave with wages register in the prescribed Form No.14 and shall provide each worker with a book called the 'Leave Book' in the prescribed Form No.15. The Leave Book shall be the property of the worker and the manager or his agent shall not demand it except to make entries of the dates of holidays or interruptions in service and shall not keep it for more than a week at a time. If a worker loses his Leave Book, the manager shall provide him with another copy on payment of one anna and shall complete it from his record.

Health 12. Cleanliness. Section 11- Except in cases specially exempted all inside walls and partition, all ceilings or tops of rooms and all walls, sides arid tops of passages and staircases in a factory shall be kept white-washed or colour-washed. The white-washing or colourwashing shall be carried out at least once in every period of fourteen months. The floors of every workroom shall be cleaned at least once in every week by washing using disinfectant, where necessary or some other method. 13. Disposal of Wastes & Effluents. Section 12- Effective arrangement shall be made in every factory for the disposal of wastes and effluents due to the manufacturing process carried on therein. 14. Ventilation and Temperature. Section 13- Effective and suitable provision shall be made in every factory securing and maintaining in every workroom adequate ventilation by the circulation of fresh air and such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health. 15. Overcrowding. Section 16- Unless exemption has been granted, there be in every workroom of a factory in existence on 1st April, 1949 at least 350 cubic feet and of a factory built after this date at least 500 cubic feet of space for every worker employed therein and for this purpose no account shall be taken of any space which is more than 14 ft, above the level of the floor of the room, 16. Lighting. Section 17- In every part of a factory where workers are working or passing, there shall be provided and maintained sufficient and suitable light, natural or artificial or both. 17. Drinking Water .Section 18- In every factory effective arrangements shall be made to provide and maintain in suitable points, conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water, In every factory wherein more than 250 workers are ordinarily employed the drinking water shall during the hot weather, be cooled by ice or other effective methods. The cooled drinking water shall be supplied in every canteen. Lunch room and rest room and also at conveniently accessible points throughout the factory, 18. Latrines and Urinals. Section 19 and Rules-In every factory sufficient latrine and urinal accommodation of the prescribed type (separate enclosed accommodation for male and female workers) shall be provided conveniently situated and accessible to workers at all times while they are at the factory. Every latrine shall be under cover and so partitioned off as to secure privacy and shall have a proper door and fastening. Sweepers shall be employed whose primary duty It would be to keep clean latrine, urinals and washing places. 19. Spittoons. Section 20- In every factory, there shall be provided a sufficient number of spittoons of the type prescribed in convenient places and, they shall be maintained in a clean and hygienic condition, No person shall spit within the premises of a factory except in the spittoons provided for the purpose. Whoever spits in contravention of this provision shall be punishable with fine not exceeding

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five rupees. Safety 20. Fencing of Machinery. Section 21-In every factory dangerous parts of machines e.g., every moving part of a prime mover and every fly-wheel connected to a prime mover etc., shall be securely fenced by safeguards of substantial construction which shall be kept in position while the parts of machinery they are fencing are in motion or in use. 21. Work on or near Machinery in motion. Section 22- No women or young person shall be allowed to clean, lubricate, or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk injury from any moving part either of that machine or of any adjacent machinery. 22. Employment of young Persons on Dangerous Machinery Section 22- No young person shall work at any machine declared to be dangerous unless he has been full instructed as to the dangers arising in connection with the machine and the precautions to be observed and has received sufficient training in work at the machine or is under adequate supervision by a person who has a thorough knowledge and experience of the machine. 23. Casing of new Machinery. Section 26- In all machinery driven by power and installed in any factory after 1st August, 1950, every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased. Whoever sells or lets on hire or as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with these provisions, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 24. Prohibition of employment of Women and Children near Cotton Openers Section 27No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work. 25. Excessive Weights. Section 34- No woman or young person shall unaided by another person lift, carry or move by hand, any material article, tool or appliance exceeding the following limits :Adult female - 65 Ibs. Adolescent male - 65 Ibs. Adolescent female - 45 Ibs. Male child - 35 Ibs. Female child - 30 Ibs. 26. Protection of Eyes. Section 35- Effective screens or suitable goggles shall be provided for the protection of persons employed in or in the vicinity of processes which involve risk or injury to the eyes from particles or fragments thrown off in the course of the process or which involve risk of injury to the eyes by reason of exposure to excessive light. 27. Precautions in case of fire. Section 38- Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein. The doors affording exit from any room shall, unless they are of the sliding type be constructed to open outwards.

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Every window, door or other exit in affording a means of escape in a case of fire, other than the means of exit in ordinary use shall be distinctively marked. Effective and clearly audible means of giving warning in a case of fire to every person employed in the factory shall be provided. Effective measures shall be taken to ensure that wherein more than twenty workers are ordinarily employed in any place above the ground floor or where in explosive or highly inflammable materials are used or stored all the workers are familiar with the means of escape in ease of fire and have been adequately trained in the routine to be followed in such case. Welfare 28. Washing Facilities. Section 42-Ineveryfactory adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein. Such facilities shall include soap and nail brushes or other suitable means of cleaning and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition. If female workers are employed separate facilities shall be provided and so enclosed or screened that the interiors are not visible from any place where persons of the other sex work or pass. 29. Facilities for storing and Drying Clothing. Section 43 and Rule-In the case of certain dangerous operations e.g., lead processes, liming and tanning of raw hides and skins etc. Suitable placesior keeping clothing not worn during working hours and for the drying of wet clothing shall be provided and maintained. 30. Facilities for Sitting. Section 44- In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position in order that they may take advantage of any opportunities for rest which may occur in the course of their work. 31. First aid and Ambulance Room. Section 45- There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents. Each first aid box or cupboard shall be kept in the charge of a separate responsible person who is trained in first aid treatment and who shall always be readily available during the working hours of the factory. In every factory wherein more than 500 workers are employed there shall be provided and maintained and ambulance room of the prescribed size and containing the prescribed equipment. The ambulance room shall be in charge of a qualified medical practitioner assisted by at least on qualified nurse and such other staff as may be prescribed. 32. Canteens. Section 46 and Rules- In specified factories wherein more than 250 workers are ordinarily employed a canteen or canteens shall be provided and maintained by the occupier for the use of this workers. Food, drink and other items served in the canteen shall be sold on a non-profit basis and the prices charged shall be subject to the approval of a Canteen Managing Committee which shall be appointed by the Manager and shall consist of an equal number of persons nominated by the occupier and elected by the workers. The number of elected workers shall be in the proportion of 1 for every 1,000 workers employed in the factory provided that in no case shall there be more than 5 or less than 2 workers on the Committee. The Committee shall be consulted from time to time on to the quality and quantity of food-stuffs to be served in the Canteen, the arrangement of the menus, etc. 33. Shelters, Rest Rooms and Lunch Rooms. Section 47- In every factory wherein more than 150 workers are ordinarily, employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals, brought by them, shall be provided and maintained for the use of the workers. 34. Creches. Section 48 and Rules- In every factory wherein more than 50 women workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age six years of such women. The Creche shall be adequately furnished and equipped and in particular there shall be one suitable cot or a cradle with the necessary bedding for each child, at least one chair or equivalent seating accommodation for the use of the mother while she is feeding or attending to her child and sufficient supply of suitable toys for older children. There shall be in or adjoining the Creche a suitable wash-room for the washing of the children and their clothing. An adequate supply of clean cloths, soap and clean towels shall be made available for each child while it is in the Creche. At least half a pint of clean pure

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milk shall be available for each child on every day it is accommodated in the Creche and the mother of such a child shall be allowed in the course of her daily work suitable intervals to feed the child. For children above two years of age there shall be provided, in addition, an adequate supply of wholesome refreshments. A suitably fenced and shady open air play-ground shall also be provided for the older children. 35. Welfare Officers. Section 49- In every factory wherein 500 or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare Officers as may be prescribed. Special Provisions 36. Dangerous Operation. Section 87 and Rules- Employment of women, adolescents and children is prohibited or restricted in certain operation declared to be dangerous, e.g. manufacture of aerated water, electroplating, manufacture and repair of electric accumulators, glass manufacture grinding or glazing of metals, manufacture and treatment of lead and certain compounds of lead, generating petrol gas from petrol, sandblasting, liming and tanning of raw hides and skins, and certain lead process in Printing Presses and Type Foundries. 37. Notice of Accidents. Section 88 and Rules- Where in any factory an accident occurs which causes death or which causes bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more immediately following the accident or which, though not attended by personal injury or disablement is of one of the following types :(i) Bursting of vessel used for containing steam under pressure greater than atmospheric pressure other than plant which comes within the scope of the Indian Boilers Act; (ii) Collapse or failure of a crane, derrick, hoist or other appliances used in raising or lowering persons or goods, or any part thereof, or the overturning of a crane; (iii) Explosion or fire causing damage to any room or place in which persons are employed or fire in rooms of cotton pressing factories, where a cotton opener is in use; (iv) Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of and gas or gases including air or any liquid or solid resulting from the compression of gas; (v) Collapse or subsidence of any floor, gallery, roof, bridge, tunnel, chimney, wall or building, forming part of a factory or within the compound or cartilage of factory. The Manager of the factory shall forthwith send notice thereof to the Chief Inspector, if the accident is fatal or of such a serious nature that it is likely to prove fatal, notice shall also be sent to the District Magistrate or the Sub Divisional Officer and the Officer-in-Charge of the nearest Police Station. 38. Notice of Certain Diseases. Section 89 and Rules- Where any worker in a factory contracts any of the following diseases the Manager of the factory shall send notice thereof forthwith both to the Chief Inspector and the Certifying Surgeon: Lead, phosphorus, mercury, manganese, arsenic, carbon bisulphide or benzene poisoning by nitrous fumes, or by halogens or halogen derivatives of the hydrocarbon of the aliphatic series; or of chrome ulceration, anthrax, silicosis, toxic anemia toxic jaundice, primary opitheliomatous cancer of the skin, or pathological manifestations due to radium or other radioactive substances or X-rays. 39. No Charge for Facilities and Conveniences. Section 114- No fee or charge shall be realized from any worker in respect of any arrangements or facilities to be provided or any equipments or appliances to be supplied by the occupier under the provision of the Act.

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40. Powers of Inspectors. Sections 9 and 82- Inspectors have power to inspect factories any time and may require the production of registers, certificates etc, prescribed under the Act and the Rules. Any Inspector may institute proceeding on behalf of any workers to recover any sum required to be paid by an employer under the provisions relating to leave with wages, which the employer has not paid. 41. Obligations of Workers. Sections 97 and 111-Noworker in a factory :(i) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein. (ii) shall wilfully and without any reasonable cause do any thing likely to endanger himself or others, and (iii) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein. If any worker employed in a factory contravenes any of these provisions or any rule or order made there under he shall be punishable with imprisonment for a term which may extend to three months, or which may extend to Rs. 100 or with both. If any worker employed in a factory contravenes any provision of the Act or any rules or orders made thereunder imposing any duty or liability on workers he shall be punishable with fine which may extend to Rs. 20. 42. Certificates of Fitness. Sections 68, 70 and 98- No child who has completed his fourteenth year or an adolescent shall be required or allowed to work in any factory unless a certificate of fitness granted with reference to him is in the custody of the Manager of the factory and such child or adolescent carries, while he is at work, at token giving a reference to such certificate. Any fee payable for such a certificate shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian. An adolescent who has been granted a certificate of fitness to work in a factory as an adult and who while a work in a factory carries a token giving reference to the certificate shall be deemed to be an adult for all the purposes of the provision of the Act relating to the working hours of adult and the employment of young persons. An adolescent who has not been granted a certificate of fitness to work in a factory as an adult shall, notwithstanding his age, be deemed to be a child for all the purposes of the Act. Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself a certificate granted to another adolescent to work in a factory as an adult, or who having procured such certificate knowingly allows it to be used or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to Rs. 50 or with both. 43. Registers, Notices and Returns. Sections 61, 63, 72, 74, 79, 80 and 110- A Register of adult workers in the prescribed Form No.12 and a register of child workers in the prescribed Form No.14 shall be maintained by the Manager of every factory. A notice of periods of work for adults and a notice of periods of work of children in the prescribed Form No.11 (a) or 11 (b) and 12 shall be correctly maintained and displayed in every factory. No adult worker or child shall be required or allowed to work in any factory otherwise than in accordance with their respective notice of periods of work displayed in the factory. The Owners Occupiers or Managers of factories shall submit the prescribed periodical returns to the Inspector regularly.

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Form No.21 (Now Form No.34) ANNUAL RETURN

For the Year ending 31st December, 19............

1. Registration number of factory. 2. Name of factory. 3. Name of occupier. 4. Name of the manager. 5. District. 6. Full postal address of factory. 7. Nature of industry. Number of workers and particulars of employment 8. No. of days worked in year. 9. No. of Man-days worked during the year. (a) Men. (b) Women. (c) 10. Children.

Average number of workers employed daily (See explanatory note). (a) Adults. (i) (ii) (b)

Men. Women.

Adolescents

161

(i) (ii) (c)

Male. Female.

Children (i) Male. (ii) Female.

11.

Total No. of man-hours worked including overtime. (a) Men. (b) Women. (c) Children.

12.

Average number of hours worked per day work (See explanatory note). (a) Men. (b) Women. (c) Children.

13.

(a) Does the factory carry out any process or operation declared as dangerous under Section 87. (See rule 95). Name of the dangerous Process of operations carried on Average No. of persons employed daily in each of the processes or operations given in Col. 1

(i) (ii) (iii) etc.

162

Leave with wages 14. Total number of workers employed during the year. (a) Men. (b) Women. (c) Children.

15. Number of workers who were entitled to annual leave with wages during the year. (a) Men. (b) Women. (c) Children.

16. Number of workers who were granted leave during the year. (a) Men. (b) Women. (c) 17. (a) (b) 18. Number of workers who were discharged, or dismissed from the service, or quit employment, or were superannuated, or who died while in service during the year. Number of such workers in respect of whom wages in lieu of leave were paid. Children.

(a) Number of Safety Officers required to be appointed as per notification under Section 40-B. (b) Number of Safety Officers appointed.

AMBULANCE ROOM 19. Is there an ambulance room provided in the factory as required under Section 45 ?

163

CANTEEN 20. (a) Is there a canteen provided in the factory as required under Section 46 ? (b) Is the canteen provided managed : (i) departmentally, or (ii) through a contractor ?

SHELTERS OR REST ROOMS AND LUNCH ROOMS 21. (a) Are there adequate and suitable shelters or rest rooms provided in the factory as required under Section 47 ? (b) Are there adequate and suitable lunch rooms provided in the factory as required under Section 47 ?

CRECHES 22. Is there a creche provided in the factory as required under Section 48 ? WELFARE OFFICERS 23. (a) Number of Welfare Officers to be appointed as required under Section 49 ? (b) Number of Welfare Officers appointed.

ACCIDENTS

164

24. (a) Total number of accidents (See explanatory note) : (i) Fatal. (ii) Non-fatal.

(b)

Accidents in which workers returned to work during the year to which this return relates. (i) Accidents (workers injured) occurring during the year in which injured workers returned to work during the same year. (aa)

Number of accidents.

(bb) Man-days lost due to accidents. (ii) Accidents (workers injured) occurring in the previous year in which injured workers returned to work during the year to which this return relates : (aa)

Number of accidents.

(bb) Man-days lost due to accidents.

(c)

Accidents (workers injured) occurring during the year in which injured workers did not return to work during the year to which the return relates. (i) Number of accidents. (ii) Man-days lost due to accidents.

SUGGESTION SCHEME 25 (a) Is a suggestion Scheme in operation in the factory (b) If so, the number of suggestions (i)

Received during the year

165

(ii) (c)

Accepted during the year

Amount awarded each prizes during the period (i) Total amount awarded (ii) Value of the maximum cash prize awarded (iii) Value of maximum cash prize awarded Certified that the information furnished above is to the best of my knowledge and belief, correct.

Signature of the manager Date.........

166

Form No. 22 HALF- YEARLY RETURN

Period ending 30th June 20. / 31st December 20. Name of Factory Name of Occupier Name of Manager 1. District 2. Postal Address 3. Nature of industry 4. Average number of workers employed daily* Men Women Adolescent : Male Female Children : Male Female 5. Number of days worked during the half year ending 30th June 19/ 31 st December 19 Signature of Occupier .......... Date of Despatch .......... Signature of Manager ....... Date of Despatch ..........................

167

168

Form No.23
The average daily number should be calculated by dividing the aggregate number of attendances on working days by the number of working days during the half-year .In reckoning attendances by temporary as well as permanent employees should be counted, and all employees should be included, whether they are employed directly or under contractors. Attendances on separate shifts (e.g. night and day shifts) should be counted separately. Days on which the factory was cl06ed, for whatever cause and days on which the manufacturing processes were not carried on should be treated as working days.

169

Form No.24 ANNUAL RETURN -CRECHE

Year ending 31stDecember 20. 1. Industry 2. Name of factory 3. Number of women workers ordinarily employed 4. Number of children admitted in the creche 5. Average daily attendance of children at the creche (a) 2 years and below (b) 6. Above 2 years.

Details of facilities provided with regard to :(a) Milk (b) Food (c) Clothes (d) Toys (e) Medical Aid (f) Other

7.

Details of staff employed (i) Doctors :(a) Males (b) Females

170

(ii) Nurses (iii) Teachers (iv) Ayahs (v) 8. Sweepers

General remarks. Signature of Occupier .......... Date of Despatch .......... Signature of Manager ....... Date of Despatch ..........................

Form No. 26 MUSTER ROLL

Name of Factory.......... Place where situated.......... Working Hours Monday to Time of Commencement of work Friday Saturday Rest Period Time of Completion of work

Serial No.

Name

Father's Name

Nature Work

of For the Period ending ... 1 2 3 4 5 6

Remarks

Note:- Separate page should be used for workers employed during different period of work.

171

172

Form No. 27 REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES

Name of injured Date of accident or Date of report (in Nature of accident Date of return of No. of days injured person persons (if any) dangerous Form No.18) to or dangerous injured person to was absent from work occurrence Inspector occurrence work 1 2 3 4 5 6

173

Form No. 28 SPECIAL CERTIFICATE OF FITNESS

(In respect of persons employed in operations involving use of lead compounds) Serial No......... Dated......... I hereby certify that I have personally examined ............. son of ........................................residing at ................. Who is desirous of being employed as ......................in the .................and that his age .................as nearly as can be ascertained from my examination, is ................years, and that he is, in my opinion, fit for employment at work involving the use of lead compounds. His descriptive marks are :....................................................................

....................................................................

Left thumb impression of person examined Certifying Surgeon

I certify that I examined the I extend that Certifying Surgeon person mentioned above on

Signature of Certifying Surgeon

Note, of symptoms of lead poisoning (if any)

174

Form No.29
P ART I 1. Name of the Worker 2. Serial No. as in the register of workers, under section 62 of the act 3. Father's Name 4. Age and date of birth 5. Nature of work . 6. Qualifications, if any, or period of service on similar work 7. Date when tight fitting clothing were provided 8. Signature or thumb impression of workers 9. Remarks ....................................................................................... ....................................................................................... ....................................................................................... ....................................................................................... ....................................................................................... ....................................................................................... ....................................................................................... ....................................................................................... .......................................................................................

Signature of Occupier

175

Employee State Insurance Act FORM 1

Book Number Received from the sum of Rs. (in words) on account of Book Number Received from the sum of Rs. (in words) of Rs. Receipt Number

Chief Accounts Officer Authorised Officer Entered in Cash Book, Page Number

Chief Accounts Officer Authorised Officer The Employees' State Insurance Corporation]

Accountant

176

Employee State Insurance Act FORM 2 Application to Medical Appeal Tribunal Insurance
Insurance No.

I of decision on at (from

(Full name of appellant) (Address of appellant) appeal against the (date) of the Medical Board (address) notified to me by letter ) dated that:

*(1) there is no appreciable disablement; *(2) the disablement should continue to be treated as temporary and the next date when the case should be referred to the Medical Board is; or *(3) the disablement can be declared to be of a permanent nature; and (i) the extent of loss of earning capacity can be assessed provisionally or finally;

(ii)
(iii)

the assessment of the proportion of loss of earning capacity whether provisional or final; and

in case of provisional assessment, the period for which such assessment shall hold good.

The following are the grounds of my appeal: List of documents, if any.

Date

Signature of appellant

*Delete whichever does not apply.

The Statement of facts contained in this application is to the best of my knowledge and belief true and correct.

Signature of appellant

177

Payment of Bonus Act FORM A See Rule 4(a) COMPUTATION OF THE ALLOCABLE SURPLUS UNDER SECTION 2(4)
Name of the establishment Accounting year ending on the

Gross profit for the Accounting year Rs. 1

Sums deducted from gross profits Depreciation under section 6(a) 2 Development rebate or Development allowance section 6(b) 3

Direct taxes section 6(c)

Further sums as are specified under the Third Schedule to the Act

Total of sums deducted under columns 2, 3, 4 and 5 6

Available surplus for the accounting year (Column 1 minus Column 6) 7

Amount of allocable surplus (@ 67%) (*60 % of Column 7) 8

Note : @ Section 2(4)(a) * Section 2(4)(b)

178

Payment of Bonus Act FORM B See rule 4(b) SET-ON AND SET-OFF OF ALLOCABLE SURPLUS UNDER SECTION 15
Accounting year 1 Amount allocable as bonus (in Rs.) 2 Amount payable as bonus (in Rs.) 3 Amount of set on or setoff (in Rs.) 4 Total set-on or set-off carried forward 5

179

Payment of Bonus Act FORM C See rule 4(b)

BONUS PAID TO EMPLOYEES FOR THE ACCOUNTING YEAR ENDING ON THE Name of the establishment No. of working days in the year Sl. No. Name of the employee Father's name Whether he has completed 15 years of age at the beginning of the accounting year 4 Designation No. of days worked in the year 6 Total salary or wage in respect of the accounting year 7 Amount of bonus payable under section 10 or section 11, as the case may be 8

180

Deductions Puja bonus or other customary bonus paid during the accounting year 9 Interim bonus or bonus paid in advance Amount of Incometax deduced Deduction on account of financial loss, if any, caused by misconduct of the employee 11 Total sum deducted under Columns 9, 10, 10A and 11

Net amount payable (Column 8 minus Column 12)

Amount actually paid

Date on which paid

Signature/Thumb impression of the employee

10

10A

12

13

14

15

16

181

Payment of Bonus Act FORM D See rule 5

ANNUAL RETURN-BONUS PAID TO EMPLOYEES FOR THE ACCOUNTING YEAR ENDING ON THE 1. 2. 3. 4. 5. Name of the establishment and its complete postal address: Nature of industry: Name of the employer: Total number of employees: Number of employees benefited by bonus payments: Settlement, if any reached under section 18(1) or 12(3) of the Industrial Disputes Act. 1947 with date (2) Percentage of bonus declared to be paid Total amount of bonus actually paid (4) Date on which payment made Whether bonus has been paid to all the employees, if not, reasons for nonpayment (6) Remark

Total amount payable as bonus under section 10 or 11 of the Payment of Bonus Act, 1965 as the case may be (1)

(3)

(5)

(7)

Signature of the employer or his agent

182

The payment of Wages (Procedure) Rules, 19371

In exercise of the powers conferred by sub-section (1) of section 26 of the Payment of Wages Act, 1936 (4 of 1936), read with section 22 of the General Clauses Act, 1897 (10 of 189), the Governor-General-in-Council is pleased to make the following rules, the same having been previously published as required by sub-section (5) of section 26 of the first named Act, namely: 1. 2.
2 Short Title: [(1)] These rules may be called the Payment of Wages (Procedure) Rules, 1937. 3 [(2) They extend to the whole of India except the State of Jammu and Kashmir.]

Definitions: In these rules, unless, there is anything repugnant in the subject or context, (a) the Act means the Payment of Wages Act (4 of 1936); (b) Appeal means an appeal under section 17; (c) the authority means the authority appointed under sub-section (1) of section 15; (d) the Court means the court mentioned in sub-section (1) of section 17; (e) Employer includes the persons responsible for the payment of wages under section 3; (f) Section means a section of the Act (g) Form means a form appended to these rules; 4 [(gg) Record of order or direction means the record of an order dismissing either wholly or in part an application made under sub-section (20 of section 15 or of a direction made under sub-section (3) or sub-section (4) of that section kept in Form F;] (h) words and expression defined in the Act shall be deemed to have the same meaning as in the Act. 3. Form of application: Applications under sub-section (2) of section 15 by or on behalf of an employed or group of persons employed shall be made in duplicate in Form A, Form B or Form C, as the case may be, one copy of which shall bear such court-fee as may be prescribed. 4. Authorisation: The Authorisation to act on behalf of an employed person or persons, under section 15, shall be given by a certificate in Form D, shall be presented to the authority hearing the application and shall form part of the record. 5. Permission to appear: Any person desiring the permission of the Authority to act on behalf of any employed person or persons shall present to the Authority a brief written statement explaining his interest in the matter, and the Authority shall record an order on the statement which in the case of refusal shall include reasons for the order, and shall incorporate it in the record. 6. Presentation of documents: (1) Applications or other documents relevant to an application may be presented in person to the Authority at any time during hours to be fixed by the Authority, or may be sent to him by registered post. (2) The Authority shall at once endorse, or cause to be endorsed, on each document the date of the presentation or receipt, as the case may be. 7. Refusal to entertain application: (1) The Authority may refuse to entertain an application presented under rule 6, if after giving the applicant an opportunity of being heard, the Authority is satisfied, for reason to be recorded in writing that a) the applicant is not entitled to present an application; or b) the application is barred by reason of the provisions in the provisos to sub-section (2) of section 15; or c) the applicant shows no sufficient cause for making a direction under section 15. (2) The Authority may refuse to entertain an application which is insufficiently stamped or otherwise incomplete and, if he so refuses, shall return it at once with an indication of the defects. If the application is presented again after the defects have been made good, the date of representation shall be deemed to be the date of presentation for the purpose of the proviso sub-section (2) of section 15. 8. Appearance of parties: (1) If the application is entertained, the Authority shall call upon the employer by a notice in form E to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified.

Vide Notification No.L.3067, dated 24th February 1937, published in the Gazette of India, 1937, Pt I, p.303.

2 3

Rule 1 renumbered as sub-rule (1) by the Payment of Wages (Procedure) (Amendment) Rules, 1951. Ins. by the Payment of Wages (Procedure) (Amendment) Rules, 1951. 4 Ins by the Payment of Wages (Procedure) (Amendment) Rules, 1959.

183

(2) If the employer or his representative fails to appear on the specified date, the Authority may proceed to hear and determine the application ex parte. (3) If the applicant fails to appear on the specified date, the Authority may dismiss the application: Provided that an order passed under sub-rule (2) or sub-rule (3) may be set aside and the application re-heard on good cause being shown within one month of the date of the said order, notice being served on opposite party of the date fixed for rehearing. 9. Record or proceedings: (1) The Authority shall in all cases, enter the particulars indicated in Form F and at the time of passing orders shall sign and date the form. (2) In a case where no appeal lies, no further record shall be necessary. (3) In a case where an appeal lies, the Authority shall record the substance of the evidence and shall append it under his signature to 5(the record of order or direction.) 10. Signature on forms: Any form, other than 6[the record of order or direction], which is required by these rules to be signed by the Authority, may be signed under his direction and on his behalf by any officer subordinate to him, appointed by him, in writing for this purpose. 11. Exercise of powers: In exercising the powers of a Civil Court conferred by section 18 the Authority shall be guided in respect of procedure by relevant orders of the First Schedule of the Code of Civil Procedure, 1908, with such alterations as the Authority may find necessary, not affecting their substance, for adapting them to the matter before him, and save where they conflict with the express provision of the Act or these rules. 12. Appeals: 1[(1) An appeal shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear the prescribed court-fee, setting forth concisely the grounds of objection to the order dismissing either wholly or in part an application made under sub-section (2) of section 15 or a direction made under sub-section (3) or sub-section (4) of that section, as the case may be, and shall be accompanied by a certified copy of the said order or direction.] (2) When an appeal is lodged a notice shall be issued to the respondent in Form G. (3) The Court after hearing the parties and after such further inquiry, if any, as it may deem necessary, may confirm, vary, or set aside the 1[order or direction] from which the appeal is preferred, and shall make an order accordingly.
7

[12A Orders or direction when to be made: The Authority or the Court, as the case may be, after the case has been heard, shall make the order or direction either at once or, as soon thereafter as may be practicable, on some future day; and when the order or direction is to be made on some future day, it shall fix date for the purpose of which due notice shall be given to the parties or their pleaders.] 13. Inspection of documents: Any employed person, or any employer or his representative, or any person permitted under sub-section (2) of section 15 to apply for a direction, shall be entitled to inspect any application, memorandum of appeal, or any other document filed with the Authority or the Court, as the case may be, in a case to which he is a party and may obtain copies thereof on the payment of such fees as may be prescribed.

5 6 1 7

Subs. By the Payment of Wages (Procedure) (Amendment) Rules, 1959. Subs. By the Payment of Wages (Procedure) (Amendment) Rules, 1959. Ins. By the Payment of Wages (Procedure) (Amendment) Rules, 1970

184

Form A Form of Individual Application [See sub-section (2) of section 15 of the Payment of Wages Act]
In the Court of the Authority appointed under the Payment of Wages Act, 1936 (4 of 1936) for .. area. Application No. .. of . Between A.B.C. .. Applicant (through a legal practitioner/an official of .. which is a registered Trade Union.) And X.Y.Zopposite party: The applicant states as follows: 1. A.B.C. is a person employed in the/on the factory/railway/industrial establishment entitled and resides at .. The address of the applicant for the service of all notices and processes is: 2. X.Y.Z., the opposite party, is the person responsible for the payment of his wages under section 3 of the Act, and his address for the service of all notices and processes is: .. 3. (1) The applicants wages have not been paid for the following wage-period(s). (give dates) Or A sum of Rs.. has been unlawfully deducted from his wages of amount for the wage-period(s) which ended on (give dates) (2) [Here give any further claim or explanation]. 4. 5. The applicant estimates the value of the relief sought by him at the sum of Rs The applicant prays that a direction may be issued under sub-section (3) of section 15 for (a) Payment of delayed wages as estimated or such greater or lesser amount as the Authority may find to be due. Or Refund of the amount illegally deducted. (b) Compensation amounting to The Applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate. Signature or thumb impression of the employed person, or legal practitioner or official of a registered trade union duly authorized.

185

Form B Form of Group Application [See sub-section (2) of sections 15 and 16 of Payment of Wages Act]
In the Court of the Authority appointed under the Payment of Wages, Act, 1936 (4 of 1936) for .. area application No of Between A.B.C Applicants A legal practitioner (through a legal practitioner/an official of .. which is a registered union). And X.Y.Z. Opposite Party. The applicants state as follows: 8 1. [The applicants whose names and permanent addresses] appear in the attached schedule are persons employed in the /on the /factory/railway/insustrial establishment entitled and resides at . The address of the applicants for service of all notice and processes is: . 2. X.Y.Z. the opposite party, is the person responsible for the payment of wages under section 3 of the Act, and his address for the service of all notices and processes is: . 3. The applicants wages have not been paid for the following wage-period(s): .. 4. The applicants estimate the value of the relief sought by them at the sum of Rs 5. The applicants pray that a direction may be issued under sub-section (3) of section 15 for: (a) Payment of the applicants delayed wages as estimated. or such greater or lesser amount as the Authority may find to be due. (b) Compensation amounting to. The Applicants certify that the statement of facts contained in this application is, to the best of their knowledge and belief, accurate. Signature of thumb impression of two of the Applicants, or legal practitioner, or an official of A registered trade union duly authorized. SCHEDULE ________________________________________________________________________ S.No. Name of Applicant Permanent Address ________________________________________________________________________ 1 2 3
1

Subs. By the Payment of Wages (Procedure) (Amendment) Rules, 1960.

186

FORM C FORM OF APPLICAION BY AN INSPECTOR OR PERSON PERMITTED BY THE AUTHORITY OR AUTHORISED TO ACT [See sub-section (2) of sections 15 and 16 of the Payment of Wages Act]
In the Court of Authority appointed under the Payment of Wages Act, for .. area. Application No. of .. Between A.B.C.[(designation).an Inspector under the Payment of Wages Act] of a person permitted by the authority/authorized to act under sub-section (2) of Section 15] applicant. And X.Y.Z the opposite party. The applicant states as follows: 1. X.Y.Z., the opposite party is the person responsible under the Act for the payment of wages to the following 9 [persons whose names and permanent addresses are given below]: (1) (2) (3) * * 2. 3. 4. 5. His address for the service of all notices and processes is: The wages of the said person(s) due in respect of the following wage-period(s) have not been paid/have been subjected to the following illegal deductions: The applicant estimates the value of the relief sought for the person(s) employed at the sum of Rs.. The applicant prays that a direction may be issued under sub-section (3) of sectin 15 for: (a) Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find to be due. Or Refund of the amount illegally deducted. (b) Compensation amounting to Rs.

The applicant certifies that the statement of facts contained in this application is, to the best of his knowledge and belief, accurate. Signature

Subs. by Payment of Wages (Procedure) Amendment Rules, 1960.

187

FORM D CERTIFICATE OF AUTHORISATION

I/We employed person(s) hereby authorize a legal practitioner/an official of . Which is a registered trade union to act on my/our behalf under sectin 15 and sectin 17 of the Payment of Wages Act, 1936 (4 of 1936), in respect of the claim against on account of the delay in payment\illegal deductions from my/our wages for. Witnesses (1) (2) (3) (4) * * I accept the authorisation. Signature(1) (2) (3) (4) * * Signature Legal practitioner/ Official of a registered trade union

188

FORM E NOTICE FOR THE DISPOSAL OF APPLICATION

To Whereas under the Payment of Wages Act, 1936 (4 of 1936) a claim against you has been presented to me in the application of which a copy is enclosed, you are hereby called upon to appear before me either in person or by any person duly instructed, and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions, on the ... day of .20.. at ... oclock in the forenoon/afternoon to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the application will be heard and determined in your absence. Given under my hand and seal, this day of .20 Authority Seal

189

10

FORM F [RECORD OF ORDER OF DIRECTION]

(1) (2) (3) (4) (5)

Serial number. Date of the application.. Name or names, parentage, address or addressed of the applicant, or some, or all of the applicants belonging to the same unpaid group: Name and address of the employer: Amount claimed: (a) as delayed wages: Rs. (b) as deducted from wages: Rs Plea of the employer and his examination (if any): Finding, and a brief statement of the reasons therefore]: Amounts awarded: (a) delayed wages Rs (b) deducted wages Compensatin awarded.. Penalty imposed Costs awarded to: (a) Court-fee Charges. (b) Pleaders fee... (c) Witnesses expenses Date by which the amounts awarded shall be paid.] Signed Dated

(6) 11 [(7) (8) (9) (10) (11)

12

[(12)

Note:-

In case where an appeal lies, attach on a separate sheet the substance of the evidence.

10 11

Subs. By the Payment of Wages (Procedure) (Amendment) Rules, 1959. Subs. By the Payment of Wages (Procedure) (Amendment) Rules, 1959. 12 Ins. By Payment of Wage (Procedure) (Amendment) Rules, 1970.

190

FORM G NOTICE TO REPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL UNDER SECTION 17 OF THE PAYMENT OF WAGES ACT, 1936
Appeal from the decision of the Authority for the . area dated the .day of 20.. To Respondent Take notice that an appeal of which a copy is enclosed from the decision of the Authority for . Area has been presented by X,Y.Z. (and others), and registered in this Court, and that the .day of 20.. has been fixed by this court for the hearing of the appeal. If no appearance is made on your behalf by yourself, or by some one by law authorized to act for you this appeal, it will be heard and decided in your absence. Given under my hand and the seal of the court, this .day of 20.. Seal of the Court Judge

191

Building and Other Construction Workers

FORM I Application for Registration of Establishments Employing Building Workers Name and location of the Establishment where building or other construction work is to be carried on. Postal address of the Establishment. Full name and permanent address of the Establishment, if any. Full name and address of the Manager or person responsible for the supervision and control of the Establishment. Nature of building or other construction work carried/is to be carried on in the Establishment. Maximum number of building workers to be employed on any day. Estimated date of commencement of building or the other construction work. Estimated date of completion of the building or other construction work. Particulars of demand draft, enclosed (name of the bank, amount, demand draft No. and date). Declaration by the employer (i) I hereby declare that the particulars given above are true to the best of my knowledge and belief. (ii) I undertake to abide by the provisions of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Rules made thereunder. Principal Employer Seal and Stamp (For Office Use) Office of the Registering Officer appointed under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Central Rules made thereunder. Date of receipt of application:

1. 2. 3. 4. 5. 6. 7. 8. 9.

192

FORM II Office of the Registering Officer No. Date.

A Certificate of Registration is hereby granted under Sub-section (3) of Section 7 of the Building and Other Construction Work (Regulation of Employment and Conditions of Service) Act, 1996 and the rules made thereunder, to M/s.... having the following particulars subject to conditions laid down in the Annexure: 1. 2. Name and address of employer including location of the building and other construction work. 3. Name and permanent address of the establishment. 4. Nature of work in which building workers are employed or are to be employed. 5. Maximum number of building workers to be employed on any day by the employer. 6. Probable date of commencement and completion of work. 7. Other particulars relevant to the employment of building workers. Postal Address/location where building or other construction work is to be carried on by the Employer.

Signature of Registering Officer with Seal Annexure The registration granted herein above is subject to the following conditions, namely (a) (b) the number of workmen employed or building workers in the establishment shall not, on any day, exceed the maximum number specified in the certificate of registration; (c) save or provided in these rules, the fees paid for the grant of registration certificate shall be non-refundable; (d) the rates of wages payable to building workers by the employer shall not be less than rates prescribed under the Minimum Wages Act, 1948 (II of 1948) for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed; and (e) the employer shall comply with the provisions of the Act and the rules made thereunder. the certificate of registration shall be non-transferable;

193

194

FORM III Register of Establishments

Registratio Name and n No. and address date location of the establishme nt registered where a building or other construction work is to be carried on 3

Name of the employe r and his address

Nature of building or other constructio n work

Name and permanent address of Establishme nt

Probable date of commenceme nt of work

Maximu m No. of building workers to be employed on any day

Probable duration of building or other constructio n work & probable date of completion

195

FORM IV Notice of commencement/completion of Building or other construction work 1. (i) (ii) 2. 3. 4. 5. 6. 7. 8. Name and address (Permanent) of the establishment Name of the employer and address .................

Name and situation of place where the building and other construction is proposed to be carried on. No. and date of Certificate of registration ......... Name and address of the person incharge of the construction work Address to which the communications relating to building or other construction work may be sent. Nature of work involved and the facilities including plant or machinery provided. The arrangement storage of explosives if any to be used in building or other construction work. In case the notice is for commencement of work, the approximate duration of work. I/We hereby intimate that the building or other construction work (Name of work) having registration No........ dated............. is likely to commence/is likely to be completed with effect from............... (date)/on (date).

Signature of the Employer. To: The Inspector, ............. .............

196

FORM V Certificate Of Initial And Periodical Test And Examination Of Winches, Derricks And Their Accessory Gear Test Certificate No.........

(a)

In case of construction site, Name of the construction site where lifting appliances are fitted/located :

Situation and Description of lifting appliances and Gear with distinguishing number or marks (if any), which have been tested, thoroughly examined

Angle to the Test load horizontal applied derrick boom at which test load applied 2 3 (Tonnes)

Safe working load at the angle shown in Column (2) 4

Name and address of public service, association, company, or firm or testing establishment making the test and examination 5

Name and position of the Competent Person of public service, association, company or firm or testing establishment

1 (Degrees) (Tonnes)

I certify that on the ........... day of 19.... the lifting appliance shown in Col. (1) together with its necessary gear was tested in the manner set forth overleaf in my presence that a careful examination of the said lifting appliances after the test showed that it had withstood the test load without injury or permanent deformation and that the safe working load of the said lifting appliance and accessory gear is as shown in Column (4). Signature of the Competent Person

Date ................... Seal Registration/Authority number of the Competent Person.

197

O Certificate Of Initial And Periodical Test And Examination Of Cranes or Hoists and their Accessory Gear Test Certificate No.........

(a)

Name of the construction site where cranes or hoists are fitted/located:

Station & For jib Test load Safe working load for Description cranes applied jib cranes at radius radius at shown in Column (2) the test load was applied 2 1 (Degrees) (Tonnes) (Tonnes) 3 4

Name and address of public service, association or firm or testing establishment making the test and examination

Name and position of the Competent Person of public service, association, company or firm or testing establishment

I certify that on the ........... day of ........... the above lifting appliances together with its accessory gear, was tested in the manner set forth overleaf that a careful examination of the said lifting appliance and gear after the test showed that it had withstood the test load without injury or permanent deformation; and the safe working load of the said lifting appliance and gear is as shown in column (4). Signature of the Competent Person (See note 3) *Seal Date Registration/Authority number of the Competent Person.

198

FORM VII Certificate Of Initial And Periodical Test And Examination Of Loose Gears Test Certificate No.........

(a)

Name of the construction site where loose gears are fitted/ located : Description, dimension and material of gear/device 2 (Degrees) Number tested 3 (Tonnes) Date of test 4 (Tonnes) Test load applied (tonnes) 5 Safe working load (SWL) (tonnes) 6

Distinguishing number or mark 1

Name and address of manufacturer or suppliers

Initial test and examination certificate No. and date (only in case of periodical test and examination) 8

Name and address of public Name and position of the service association, Competent Person of public company or firm or testing service, association, establishment making the company or firm or testing test and examination establishment 9 10

199

I certify that on the.......... day of.............19........ the above gear was tested and examined in the manner set forth overleaf; that the examination showed the said gear/device withstood the test load without injury or deformation; and that the safe working load of the said gear/ device is as shown in column 6. Signature of the Competent Person *Seal Date Registration/Authority number of the Competent Person.

FORM VIII Certificate of test and examination of wire rope before being taken into use Test Certificate No......... (1) Name and address of maker or supplier : (2) (a) (b) (c) (d) Circumference/diameter or rope Number of strand Number of wires per strand Lay

(e) Core (3) Quality of wire (e.g. Best Plough steel) (4) (a) Date of test of sample of rope (b) Load at which sample broke (tonnes) (c) Safe working load of rope (tonnes) (d) Intended use (5) Name and address of public service, association, company or firm or testing establishment making the test and examination. (6) Name and position of Competent Person in public service, association, company or firm or testing establishment making the test and examination.

200

I certify that the above particulars are correct, and that the test and examination were carried out by me and no defect effecting its safe working load (SWL) were found. Signature of the Competent Person Seal Date

Registration/Authority number of the Competent Person.

FORM XI Certificate of Annealing of Loose Gears Test Certificate No......... (a) Name of the Construction site where loose gears are fitted/ located :

Distinguishing Description Number of Number Date of Defects Name and address Name and position of number or of gear the annealed annealing found at of public service the Competent mark certificate of careful association, Person of public test & inspection company or firm or service, association, examination after testing company or firm or annealing establishment testing establishment carrying out the annealing and inspection 1 2 3 4 5 6 7 8

201

I certify that on the date shown in column (5) the gear described in columns (1) to (4) was effectually annealed under my supervision that after being so annealed every article was carefully inspected; and that no defects affecting its safe working condition were found other than those indicated in column (6). Signature of the Competent Person *Seal Date

Registration/Authority number of the Competent Person.

FORM X Certificate Of Annual Thorough Examination Of Loose Gears Exempted From Annealing Test Certificate No......... (a) Name of the Construction Site where loose gears are fitted/ located:

Distinguishing Description number or of gear mark

Number of the certificate of initial and periodical test and examination

Remarks

Name and address of Name and position of the public service association, Competent Person of public company or firm or testing service, association, establishment carrying out company or firm or testing the annealing and establishment inspection 5 6

I certify that on the ........ day of ........... 20...... the above gear described in column (2) was thoroughly examined and that

202

no defects affecting its safe working condition were found other than those indicated in column (4). Signature of the Competent Person *Seal Date

Registration/Authority number of the Competent Person.

FORM XCertificate of Medical Examination 1. Certificate Serial No........ Date......................... 2. Name ........................ Identification marks:. (1)................. (2)................. 3. 4. 5. 6. 7. Father's Name ............................. Sex.......................... Residence.........................son/daughter of.............................................................. Date of birth, if available ........ and/or certificate age ............ Physical Fitness Date......................... .

203

I hereby certify that I have personally examined (name) ........... son/daughter/wife of ......... residing at .....................who is desirous of being employed in building and construction work and that his/her age as nearly as can be ascertained from my examination is ......... years and that he/she is fit for employment in ............. as an adult/adolescent. 8. Reason for (1) refusal of certificate _______________________________ (2) certificate being revoked ___________________________

Signature/Left hand Thumb impression of Inspector/C.M.O. uilding worker

Signature with Seal Medical

Note Exact details of cause of physical disability should 1. be clearly stated. 2. Functional/productive abilities should also be stated if disability is stated.

204

FORM XII Health Register (In respect of persons employed in Building and other construction work involving hazardous processes.) Name of the Construction Medical Officer/Medical Inspector (a) (b) (C) Mr. _____________ From __________ to _____________ Mr. _____________ From __________ to _____________ Mr. _____________ From __________ to _____________

S.N Wor Name Se Age o. ks of x (last No. buildi birthd ng ay) worke r

Date of employm ent of present work

Date of leavi ng or transf er to other work

Reaso n for leavin g, transfe r or dischar ge

Nature of job or occupat ion

Raw mater ial or by produ ct handl ed

Date of medical examinat ion by certifyin g surgeon Medical Inspector /CMO

Results of medical examinat ion

If suspend ed from work, state period of suspens ion with detailed reasons

Certifi ed fit to resum e duty on with signat ure of Medic al Inspec tor / CMO 14

If certifica te of unfitnes s or suspens ion issued to worker

1 1 2 3 4 5

10

11

12

13

15

Signature with date of Medical Inspector/CMO Note(i) Column- (8) Detailed summary of reason for transfer or discharge should be stated. (ii)Column- (11) should be expressed as fit/unfit/suspended.

205

FORM XIII NOTICE OF POISONING OR OCCUPATIONAL NOTIFIABLE DISEASES 1. 2. 3. 4. 5. 6. 7. Name and address of the employer : Name of the building workers and : his work No., if any Address of the building worker : Sex and age : Occupation : State exactly what the patient : was doing at the time of contracting the disease Nature of poisoning or disease : from which the building worker is suffering from

Date:

Signature of the employer/CMO

Note.-

When a building worker contracts any disease specified in Schedule XII, a notice in this form shall be sent forthwith to the Chief Inspector of Inspections of Building and Construction.

207

FORM XIV REPORT OF ACCIDENTS AND DANGEROUS OCCURRENCES 1. 2. Location of project/work 3. 4. Stage of construction work Particulars of Employer a. Main contractor firm/co. Name Address Phone No. Nature of business b. Sub-contractor's particulars Name Address Phone No. Nature of business Name of the project/work

5.

Particulars of injured person: a. b. c. d. Name (First) Home Address Occupation Status of the worker: Casual Permanent e. g. h. Sex: Experience Marital status: Married Unmarried Divorced Male Female (Middle) (Surname)

f. Age :

6.

Particulars of Accident a. b. d. e. f. g. Exact place where accident occurred. Date What the injured person was doing at the time of accident ? Weather condition How long employed by you for this particular job ? Particulars of equipment/machine/ tool involved & condition of the same after the accident occurred c. Time :

208

h. 7.

Brief description of the accident

Nature of injuries a. c. Fatal If non-fatal, state precisely the nature of injuries (Describe in detail the nature of injury, for instance fracture of right arm, sprain etc.) First Aid: Given: Not Given: If not, give the reasons Name & designation of the person by whom first aid was given If admitted to hospital, Name of the hospital: Address of the hospital Phone No: b. Non-fatal

d. e. f. g.

Name of the Doctor

8.

Mode of transport used Ambulance Truck

Divorced

Taxi

Private Car

9.

How much time was taken to shift the injured person ? a. b. If very late, state the reasons How the reporting was made ? Telephone Telegram Special Messenger Letter

c. d.

Who visited the accident site first and what action was proposed by him? What are the actions taken for the investigation of (Describe about photographs/video film/measurements taken etc.) the accident by the employer ?

10. Particulars of the persons given witness (a) Name 1. 2. (b) whether 11. Particulars in case of fatal: Date Time Whether registered withBuilding and other If yes, Give Reg. No. Construction Workers Welfare Board 12. Dangerous Occurrences as covered under the Regulation NO. (give details) temporary Permanent Address Occupation

209

a. b. c. d. e. f. g. h. i.

collapse or failure of lifting appliances, hoist, conveyors etc. collapse or subsidence of soil, any wall, floor, gallery etc. collapse of transmission towers, pipelines, bridges etc. explosion of receiver, vessel etc. fire and explosion spillage or leakage of hazardous substances collapse, capsizing, toppling or collision of transport equipment. leakage or release of harmful toxic gases at the construction site. failure of lifting appliance, loose gear, host or building and other construction work machinery, transport equipment etc.

13. Certificate from the Employer or authorised signatory. I certify that to the best of my knowledge and belief, the above particulars are correct in every respect. Place Date c.c. forwarded for information and follow-up action: 1. 2. Signature Designation

Note.- If more than one person is involved, then for each person, information is to be filled-up in separate forms.

210

FORM XV Register of Building Workers Employed by the Employer Name and address of establishment where building and other construction work is to be carried on Nature and location of work ........................ Perman ent home address of workm Local an address (Villag e and Taluk and Distt.) 6 7 If the building Signatu work is/was re or Date of beneficiary, the Reasons thumb terminati date of for impress on of registration as a terminat ion of employm beneficiary, the ion workma ent registration No. n and the name of Welfare Board 9 10 11 1 2 3 12

Name and Age S. Surna and No. me of Sex workm an

Nature Father' of s/ emplo Husba yment nd's / name design ation

Date of comme ncemen t of employ ment

Remarks

1 1 2 3

13

211

FORM XVI Muster Roll Name and permanent address of establishment Name and address of establishment where building or other construction work is carried on/is to be carried on Nature of building or other construction work Name and address of Employer For the month of ............. S. No. 1 1 2 3 Name of the building worker 2 Father's/ Husband's name 3 Sex 4 1 2 3 Dates 5 Remarks 6

FORM XVII

Register of Wages Name and address of establishment where building and other construction work is to be carried on Nature and location of work ........................

Name and permanent address of establishment Name and address of the Employer Wage period: Monthly

S.No. Name of workman

Serial Designation/ No. of Units No. in nature of days of the work done worked work register done of workman 3 4 5 6

Daily rate of wages/ piece rate

Amount of wages earned Basic Dearness Overtime Other cash Total Deductions if any wages allowance payments (nature (indicate nature) of payment to be indicated) 8 9 10 11 12 13 Net amount paid 14 Signature/ thumb impression of workman 15 Initial of employer or his representative 16

213

FORM XVIII Form of Register of Wages-cum-Muster Roll Name and address of establishment where Name and permanent address of establishment building and other construction work is to be carried on on/is to be carried on Nature of building or other construction work

S.No. S.No. in register Name of employee of building workers 1 2 3

Designation/ nature of work done 4

Daily attendance/ Total attendance/ Daily rate of units worked units of work done wages/ piece rate

Amount of wages earned Basic Dearness Overtime Other cash Total Deductions if any wages allowance payments (nature (indicate nature) of payment to be indicated) 8 9 10 11 12 13 Net amount paid 14 Signature/ thumb impression of workman 15 Initial of employer or his representative 16

214

FORM XIX Register of Deductions for Damage or Loss Name and address of establishment Name and permanent address of building Name and address of the employer where worker building and other construction work is to be carried on/is to be carried on Nature of building or other construction work

Date of recovery Name of Amount No. of First Last of instalment instalmen instalment S.No. Name Father's/ Designation Particular Date of Whether person in whose deductio s t of Husband' / nature of s of damage building presence n work s name employment damage or or loss worker building imposed loss showed worker's cause against explanatio n was deductio heard n 8 1 2 3 4 5 6 7 9 10 11 12

215

FORM XX Register of Fines Name and address of establishment where Name and permanent address of establishment building and other construction work is to be carried on/is to be carried on Nature of building or other construction work Name and address of the employer

Name of Wage Amount Date on Remarks S.No. Name of Father's/ Designation/ Act/omission Date of Whether person in periods of the which whose and fine fine building Husband's nature of for which offence building presence wages imposed realised worker name employment fine imposed worker showed building payable worker's cause explanation against was heard fine 8 1 2 3 4 5 6 7 9 10 11 12

216

FORM XXI Register of Advances Name and address of establishment where Name and permanent address of establishment building and other construction work is to be carried on/is to be carried on Nature of building or other construction work Name and address of the employer

No. of Date and Date on Remarks S.No. Name Father's/ Designation/ Wage Date and Purpose(s) instalments amount of which last each instalment Husband's nature of period and amount of for which by which advance to instalment was repaid name employment wages advance advance be repaid repaid payable given given 8 1 2 3 4 5 6 7 9 10 11

217

FORM XXII Register of Overtime Name and address of establishment where Name and permanent address of building and other construction work is to be establishment carried on/is to be carried on Normal Overtime Overtime Date on Remarks rates of rate of earnings which wages wages overtime wages paid

S.No. Name of Father's/ Sex Designation/ Date on building Husband's nature of which worker name employment overtime worked

Total overtime worked or production in case of piece rated 7

8 1 2 3 4 5 6

10

11

12

218

Name and address of Employer

FORM XXIII Wage Book Name and permanent address of establishment

Name and address of establishment where building and other construction work is to be carried on/is to be carried on

For the Week/Fortnight/ Month ending...........

1. 2. 3. 4. 5. 6.

No. of days worked . . . No. of units worked in case of piece-rate workers . . Rate of daily/monthly wages/piece-rate . . . Amount of overtime wages . . . Gross wages payable . . . Deductions, if any, on account of the following: (a) (b) (c) (d) (e) fines damage or loss loans and advances subscription towards provident fund subscription towards the fund of the Building Workers Welfare

any other deductions e.g. subscriptions to Co-operative Society or account of loans from Co(f) operative Society/ housing loan, or contribution to any relief fund as per provision of Clause (P) of sub-section (2) of Section 7 of the Payment of Wages Act or for payment of any premium of Life Insurance Corporation. 7. Net amount of wages paid . . .

Initials of the Employer or his Representative

219

220

FORM XXIV Service Certificate Name and permanent address of establishment Name and address of establishment where building and other construction work is to be carried on/is to be carried on

Nature and location of work : ............................. Name and address of the workman : ............................. Age or Date of Birth : ............................. Identification Marks : ............................. Father's/Husband's name : .............................

S.No.

Total period for which Nature of work Rate of wages If the building employed done (with particulars worker was a of unit in case beneficiary his of piece work) registration No., date and the name of the Board From To 3 4 5 6

Reasons/ grounds on which the employment terminated

Remarks

Signature

221

FORM XXV Annual Return of Employer to be sent to the Registering Officer 1. 2. 3. 4. 5. 6. 7. 8. 9. Full name and full address of the establishment of the building and other construction work (Place, Post Office, District). Name and permanent address of the establishment Name and address of the employer Nature of building and other construction work carried on Full name of the Manager or person responsible for supervision and control of the establishment. Number of building workers ordinarily employed Total number of days during the year on which building workers were employed Total number of man days worked by building workers during the year Maximum number of building workers employed on any day during the year (a) The total number of accidents. (b) The number of accidents resulting in disablement of building workers for less than 48 hours, the number of building workers involved and the number of man-days lost. (c) The number of accidents resulting in disablement of building workers beyond 48 hours but not resulting in any permanent partial or permanent total disablement, the number of building workers involved, and the number of man-days lost on account of such accidents. (d) The number of accidents resulting in permanent partial or total disablement, the number of building workers involved and the number of man-days lost on account of such accidents. (e) The number of accidents resulting in deaths of building workers and the number of resultant deaths. The Chief Inspector or Inspectors appointed by a State Government under the Act shall direct the owners of establishments registered under this Act, to send the copies of Annual Returns submitted by the employers of registered establishments in respect of the concerned State Govt. or appropriate Govt. to the Director General of Inspections by virtue of provisions of Section 60 of the Act. The Chief Inspector or Inspectors appointed under this Act by a State Govt. shall direct the owners of such establishments as are registered under this Act by registering officers appointed by the concerned State Govt. to send copies of the Annual Returns to the Director General by virtue of provisions of Section 60 of the Act

10. The numbers of accident that took place during the year as under :

11. Change, if any, in the management of the establishment, its location, or any other particulars furnished to the Registering Officer in the application for Registration indicating also the dates.

Employer Place . . . . .

222

Date . . . . . FORM XXVI REGISTER OF PERIODICAL TEST-EXAMINATION OF LIFTING APPLIANCE AND GEARS ETC. PART - I Initial and periodical load test of lifting appliances and their annual thorough examination. "Thorough examination" means a visual examination, supplemented, if necessary, by other means such as a hammer test, carried out as carefully as the conditions permit, in order to arrive at a reliable conclusion as to the safety of the parts examined, and if necessary, for such examination parts of the lifting appliances and gear shall be dismantled.

(A) Initial and periodical load test of lifting appliance Situation and No. of certificate of I certify that on the date on which I have Remarks (to be signed description of lifting test and examination appended my signature the lifting appliance and dated appliances tested with of competent person shown in Column(1) was tested and no distinguishing number defects affecting its safe working condition of marks if any were found other than those shown in column (5) Date and signature with seal 1 1. 2. 2 3 Date and signature with seal 4 5

(B) Annual thorough examination I certify that on the date on which I have appended my signature, the lifting appliance shown in Column (1) was thoroughly examined and no defects affecting its safe working condition were found other than Remarks to those shown in column (12) be signed and dated Date and signature with seal Date and signature with seal Date and signature with seal Date and signature with seal Date and signature with seal Date and signature with seal

223

10

11

12

Note:- If all the lifting appliances are thoroughly examined on the same date it will be sufficient to enter in Column (1) "All lifting appliances". If not, the parts which have been thoroughly examined on the dates must be clearly indicated. PART - II Initial and periodical load test of Loose gears and Annual thorough examination

List of Loose gear: The following classes of loose gears namely1. 2. 3. 4. 5. 6. 7. Chains made of malleable cast iron; Plate link chains; Chains, rings, hooks, shackles and swivels made of steel; Pitched chains; Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks, container, spreaders; trays; slings; baskets; etc. and any other similar gear. hooks and swivels having screw-threaded parts or ball bearings or other case-hardened parts; and Bordeaux connections. Initial Test and periodical load test of loose gears Remarks to be Distinguishing Description No. of I certify that on the Remarks to be signed and dated I signed No. and marks of loose certificates date on which I certify that on the date on which I have and gear tested of test and have appended my appended my signature, the loose gears dated and examination signature, the loose shown in Column(1) and column (2) examined of gears shown in were thoroughly examined by me and competent Column(1) and no defects affecting their safe working person column (2) was condition were found other than those thoroughly shown in column (10) examined and no defects affecting its safe working

224

condition were found other than those shown in column (6) Date and Date and signature signature with seal with seal 1 1. 2. 3. 4. 5. 2 3 4 5 1. 2. 3. 4. 5. 6 Date and Date and Date and signature signature signature with seal with seal with seal 7 8 9 10

PART - III Annealing of Chains, Rings, Hooks, Shackles and Swivels (other than those exempted) (See part - II) 12.5 mm and smaller chains, rings, hooks, shackles and If used with lifting appliance driven by power, must be swivels in general use. Other chains, rings, hooks, annealed once atleast in every six months. shackles and swivels in general use. If used solely with lifting appliance worked by hand, must be annealed once atleast in every twelve months. If used with lifting appliance driven by power, must be annealed once atleast in twelve months. If used solely with lifting appliance worked by hand, must be annealed once atleast in every two years.

Note :- It is recommended though not required by rules- that annealing should be carried out in a suitably constructed furnace heated to temperature between 1100 degree and 1300 degree Fahrenheit or 600 degree and 700 degree Centigrade, for a period between 30 and 60 minutes. Distinguishing Description No. of the I certify that on the date on which I have appended my Remarks to No. or mark of gear certificate of signature, the gear described in Column(1) and column (2) be signed annealed test and was effectually annealed under my supervision; that after and dated examination being so annealed every article was carefully inspected and that no defects affecting its safe working condition were found other than those shown in column (7) Date and signature with seal Date and signature with seal Date and signature with seal

225

FORM XXVII Application for Registration 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Name Address Whether SC/ST Name of Father Marital Status Date of Birth : : : : : : (Married, Unmarried or widow)

Name, address and Register No. of the : Establishment where The applicant is Working E.S.I./P.F. No. Name and address of employer Total Service Rate of Subscription : : : :

Name of Bank and Branch, where subscription Is to :

226

be paid 13. If the applicant is already a member of any other welfare Board, the name of such Boards and : registration No. of the applicant The above facts are true to the best of my knowledge and information. Place : Date : Name & Signature of Employer. Signature of the applicant.

FORM XXVIII Nomination Form I nominate the following person/persons as rightful dependants, to receive all the dues from the Fund on my behalf and in the event of my death, as rightful heirs to receive all benefits due to me. Name & address Of Nominee/ Nominees Relationship with member Age of Nominee Amount to be given to each Nominee

Place : Date :

Name, Address Regn. No. & Address of the worker.

227

FORM XXIX BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD Application No.: Fee Rs. APPLICATION FOR HBA 1. (a) Name of the applicant : (b) Permanent Address : (c) Present Address 2. 3. Date of retirement 4. (a) Register Number : (b) Date of Registration : (c) rate of remittance : (d) Date of first remittance : (e) Date of last remittance : Date of Birth :

228

(f) Total amount remitted : a. Whether the membership has Ever been revived, if so Details : (h) Details of revival Purpose of advance (new construction/ Maintenance/Purchase of land with Building) : Whether the applicant has a house of his own (give details) : Amount of advance required : Details of land property (a) Panchayat/Town : (b) Village : (c) Taluk : (d) District : (e) Area : (f) Survey No. : (g) Valuation of the property : (h) Details of revival 9. Whether the applicant has received Any other loan for HBA, given Details :

5. 6. 7. 8.

10. Estimate for construction/ Maintenance of building as per plan: 11. Details of the amount raised apart From the loan : 12. Whether the applicant has received Loan previously from this Board :

DECLARATION I hereby declare that the above statements are true and correct to the best of my knowledge and belief. Place : Date : Details of documents to be produced : 1. 2. 3. 4. Plan and estimate (approved) Encumbrance Certificate of 14 years Location Certificate Land tax receipt Signature : Name :

229

5. 6. 7. 8. 9.

Original document Attested copy of ration card (Page 2,4) for maintenance application Ownership of the building (for maintenance only) Terminal benefit declaration Attested copies of identity card and passbook

10. Title clearance certificate 11. Age certificate of the building (for maintenance only) 12. Valuation certificate of the building (for maintenance only) 13. No objection certificate from the authorities for construction 14. Declaration from the applicant that neither he/she/nor his/her spouse or children own a house (for new construction).

MORTGAGE DEED This Deed of Mortgage is executed on this the ................................................. day of ............................... two thousand hundred and ................................... by Shri/Smt................................................................son/daughter/wife of ...............aged............residing at ...................................................................................................... ........................... village............... Taluk....................................................... District....................... and Shri/Smt............................ son/daughter/wife of Shri................... aged..................... residing at.................... village................. Taluk........... District......................... (Thereinafter called the Mortgagor/Mortgagors which expression shall include his/her/their executers, administers, legal representatives and assigns) in favour of the Delhi Building and Other Construction Workers Welfare Board established under the Building and Other Construction Workers Welfare Act and having its Chief Office at Delhi (thereinafter called 'the Mortgage' which expression shall include its successors or assigns wherever the context or meaning thereof shall so require or permit). Whereas the Mortgagor/Mortgagors has/have applied to the Mortgage for a loan of Rs.50,000 (Rupees fifty thousand only for the construction of a house on the land, more particularly mentioned and described in the schedule hereunder written :AND WHEREAS on the request of the Mortgager/Mortgagors the Mortgagee has agreed to lent an advance in two instalments to be mortgager a loan of Rs.50,000 (Rupees fifty thousand only) subject to the covenants, terms and conditions herein contained and having the repayment thereof, secured in the manner hereinafter expressed. NOW THIS DEED WITNESSETH AS FOLLOWS 1. In pursuance of the said agreement and in consideration of the sum of Rs.50,000 (Rupees fifty thousand only) now lent and advance/and paid by the Mortgagee to the Mortgagor/Mortgagors, (the receipt whereof the Mortgagor hereby admits and acknowledges) the Mortgagor/Mortgagors hereby transfers/transfer by way of simple Mortgage the immovable property, more particularly mentioned and described in the schedule hereunder written together with the building to be constructed thereon and other improvements thereon from time to time to the intent that of the said property and the building and other improvements shall remain and be charged as security for payment to the Mortgagee of the said loan amount interest and cost and the Mortgagee shall have the first charge over the same. The loan amount shall be paid to the Mortgagor/Mortgagors by the Mortgagee in two instalments that the first instalment of a sum of Rs.20,000 (Rupees twenty thousand only) equal to 40% of the loan sanctioned shall be paid to the Mortgagor/Mortgagors for starting construction, that the 2 nd and final instalment of Rs.30,000 (Rupees thirty thousand only) equal to 60% of the loan shall be paid after completing the construction of roof and on starting finishing works. The construction of the building shall be completed in all respects utilizing the 2 nd instalment and certificate of completion shall be produced within two months from the receipt of last

2.

230

instalment. 3. The instalments shall be paid only subject to the availability of funds and the non-payment of amounts due to paucity of funds shall not entitle the Mortgagor/Mortgagors to realize any loss that he/she/they may sustain on that account from the Mortgagee. The Mortgagor/Mortgagors hereby assures/assure upto the Mortgagee that he/she/they is/are the absolute owners of the property mentioned in the schedule hereto and that they are free from any encumbrance or charge of any description, whatsoever or any attachment or restraints on alienation. The Mortgagor/Mortgagors shall not at any time during the continuance of this security create any Mortgage lien or charge by way of hypothecation, pledge or otherwise create encumbrance of any kind whatsoever in respect of the properties described in the schedule hereto or any part thereof, or let or lease them except with the prior permission in writing of the Chief Executive Officer, Delhi Building and Other Construction Workers Welfare Board until the whole amount with interest are fully repaid. The loan shall bear interest at the rate of 5% per annum or such other higher rate of interest as may be fixed by the Mortgagee from time to time. The loan shall be repaid by the Mortgagor/Mortgagors in monthly instalments at the rate as would be fixed and intimated by the Mortgagee. The first instalment becoming due on the expiry of 6 months from the date of disbursement of the first instalment, subsequent instalments shall be paid on or before the 10 th day of succeeding month for 167 months. Any interest due on the loan amount outstanding on the date of payment of an instalment shall be paid along with the instalment. At the time of disbursement of the 2 nd instalment the Mortgagee shall deduct the interest and other expenses due on the 1 st instalment till the date of payment of the 2 nd instalment. If the Mortgagee pays only a part of the loan amount to the Mortgagor due to the non-availability of funds such part of the loan shall be repaid by the Mortgager in instalments at the rate as would be fixed and intimated by the Mortgagee. If the Mortgagor/Mortgagors dies/die before the disbursement of the remaining instalments of the loan after having received one or more instalments of the loan and if his/her/their heir or heirs executor/executors refuses/refuse to avail of the remaining instalment and also refuses or refuse to complete the construction of the house according the approved plan and estimate within one year after the date of disbursement of the first instalment of the loan the whole loan advance with interest shall be liable to be summarily recovered by proceedings against the property movable or immovable of the deceased Mortgagor/Mortgagors under the provisions of the revenue recovery at for the time being enforced and the relevant provisions of the Delhi Building and Other Construction Workers Welfare Rules, as if some were arrears of public revenue due on land or in such other manner as the Mortgagee may deem fit.

4.

5.

6. 7.

8.

9.

10. If the heir/heirs executors of the deceased Mortgagor/ Mortgagors does/do not require the balance instalments of the loan and are, however willing to complete the construction at her/his/their cost, the amount already paid to the Mortgagor/ Mortgagors out of the sanctioned loans will be treated as the actual amount of the loan sanctioned and the recovery shall be effective at the rate of instalment prescribed for that amount of loan. 11. The Mortgagor/Mortgagors shall remit the instalments in the Banks prescribed by the Mortgagee in the manner specified for this purpose or by the challans prescribed by the Delhi Building and Other Construction Workers Welfare Board. 12. If any instalment of principal or interest is not remitted on the due dates a penal interest at the rate of 5% in addition to the usual rates shall be paid and such amount as are not paid on due dates. 13. The Loan amount shall be utilized only for the purpose for which it is sanctioned. Each instalment of the loan referred to in Clause II above shall be utilized within the time limit prescribed. In case the Mortgagor/ Mortgagors fails/fail to claim the subsequent instalment within three months from the drawal of the previous instalments such previous instalment shall be treated as the last instalment unless the time is extended by the mortgagee and recovery shall commence as provided in the terms and conditions prescribed for the grant of the loan. 14. If the Mortgagor/Mortgagors fails/fail to utilize any instalment of loan within the maximum period admissible and does not apply for subsequent instalment of loan as provided in the conditions the entire amount already disbursed shall be recoverable from him/her/them with interest in lumpsum.

231

14a. If the Mortgagor/Mortgagors is/are found to have failed in utilizing the amount for the construction of house as specified in the mortgage deed within the prescribed period, the mortgagee is entitled to realize the entire loan amount plus other charges with interest in a lump after the issuance of a registered notice directing to pay the amount within a period of 30 days. (i) If the Mortgagor/Mortgagors repay the amount due in lumpsum within the stipulated period the mortgage deed shall be released. (ii) If the Mortgagor/Mortgagors fails/fail to repay the amount due within the period of 60 days as stipulated above the mortgagee will have the right to take step to realize the entire dues to the Board in lump. In addition to that a penalty not exceeding 5% of the loan amount actually received by the loanee or Rs.1000 (Rupees one thousand only) whichever is higher shall also be realized from the Mortgagor/Mortgagors. 15. In the event of any information furnished in the application being found false or materially incorrect, the Mortgagee shall be cancel the loan and recover the entire amount outstanding in lump with interest accrued thereon by selling the mortgaged property besides taking such legal action against the borrower as may be considered desirable. 16. The Mortgagor/Mortgagors shall not alter or modify the building constructed in accordance with the plan approved by the Mortgagee so as to diminish the value of the property or construct any other building in the property, offered as security till the entire amount with interest are repaid. 17. In case of the Mortgagor/Mortgagors at any time make default in the payment of two consecutive instalments or commits breach of all or any of the terms and conditions contained herein the balance of the principal of sum which shall for the time being remain unpaid together with interest accrued thereon and all sums found due to the Mortgagee under or by virtue of these presents shall forthwith become payable in a lump at once and in case of default of payment of the whole sum immediately the Mortgagee shall have power without the intervention of any court to take possession of the Mortgaged property and to sell the same. The balance of the sale proceeds after adjusting all amounts due to the Mortgagee will be disbursed to the Mortgagor. The Mortgagee shall also have all the powers vested in the Mortgagee under the provision of the Transfer of Property Act, 1882 18. Without prejudice to any or all of the other rights and remedies of the Mortgagee all sums found due to the Mortgagee under or by virtue of these presents shall be recoverable from the Mortgagor/Mortgagors and his/her/their properties, movable and immovable under the provisions of the Revenue Recovery Act for the time being in force as though they are arrears of Public Revenue due on land and in accordance with the relevant provision of the Delhi Building and Other Construction Workers Act in any other manner as the Mortgagee may deem fit. 19. The Mortgagor/Mortgagors shall be bound by the terms of the application form and the conditions attached thereto which shall form part of this deed as if they are incorporated on this deed. 20. This Mortgage has been fully explained to the Mortgagor/ Mortgagors and the Mortgagor/ Mortgagors has/have executed these presents fully understanding the implications thereof and all his/her/their obligations thereunder and after receiving such advice. THE SCHEDULE ABOVE REFERRED TO (here enter details of all land and buildings) IN WITNESS WHEREOF Shri_______________________________, the Mortgagor(s) here to set his/her/their hands the day and year first above, written and signed by Shri/Smt.____________________ in the presence of witness : 1. 2. Signed by Shri/Smt._________________________ in the presence of witnesses :

232

1. 2.

STAGE CERTIFICATE FOR RELEASE OF SECOND INSTALMENT OF ADVANCE SANCTIONED BY THE DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD UNDER HOUSING LOAN SCHEME

BENEFICIARY 1. Reg.No. 2. 3. 4. Name Address Signature

PROPERTY _________________ _________________ _________________ _______________ District Taluk Village Sy.No. ___________________ __________________ _________________ _________________

The Construction of building in the property detailed above by the beneficiary specified above has reached/completion of foundation basement and on completion work upto lintel level/ completion of the lintel work/ completion of the linter work and 50% of the work of the roof and stored the materials for the work of shutters/ completion of the roof work and has been completed 40% of the finished work as per the plan and the beneficiary is eligible for the second instalment of the loan sanctioned by the Delhi Building and Other Construction Workers' Welfare Board. Certified that the work valued at Rs.___________ has been carried out by the beneficiary as on __________________.

Place : Date :

Signature of District, Officer/T.E.O. or any Authorised Officer with name & designation. Name of Office.

Executive

233

FORM XXX BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD

Name and Address of the Establishment : Sl. No.of workers as on No. & Name(s) of No. the Close of Previous worker(s) who left service Month during the month No. & Name(s) of worker(s) to be registered No.of workers as on the Close of Current Month

Place : Date : (Office Seal) Name & Signature of the Employer

234

FORM XXXI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD Particulars of Establishment : : : : : :

1. 2. 3.

Name of the Establishment

Nature of Establishment Whether Company/ Partnership Firm/sole proprietorship Names of the partners/ Directors/Proprietor

4.

Name of Managing Partner/ Managing Director/ Person Who is in ultimate control of The establishment Details of branches Details of occupiers

5. 6.

Place : Date :

Name, Signature and Designation

(Office Seal)

235

FORM XXXII PAGE-I

PHOTO

Signature, date and official Designation of the registering Authority (with office seal)

PAGE-II Name of Member Address Male/Female Name of job Registration No. District Date of Registration Name of Bank & Branch in Which subscription is to Be paid Subscription rate : Rs.20 PAGE-III Date of birth : : : : : : : : : :

236

Completed age Date of retirement Marital status Married/Unmarried Name of Wife/Husband Address Whether wife/husband, a Member of this Board If so, name and registration Number Name of Nominees Relationship with the member Signature/Thumb impression Of the member

: :

: :

Yes/No

: :

Official designation and Signature of registering Authority.

FORMName of district

_________________

Sl. No. (1)

No.of dentity Cards (2)

Date of issue (3)

Name and address Of the Worker (4)

Signature of District Executive Officer (5)

Remarks (6)

237

RM XXXIV APPLICATION FOR MATERNITY BENEFIT 1. 2. 3. Age and date of birth 4. 5. 6. 7. 8. 9. Name of husband Date of confinement Have you applied for this benefit earlier If so how many times and give details Date of registration Date of payment of 1st subscription and amount Name and address of applicant Registration No. : : : : : : : : : : :

10. Date of payment of last subscription 11. Name of bank and place 12. List of Documents submitted (a) Copy of Challans or Copy of pass book (b) Medical certificate in original.

The facts furnished above are true to my knowledge and information. Place : Name and Signature of applicant

238

Date :

FORM OF MEDICAL CERTIFICATE (To be obtained for a Medical Officer not below the rank of an Assistant Surgeon) I Have examined Smt._________________________________________ age_____________ and wife of Shri ___________________________________ she is pregnant running _____________________ month. She had delivered a child on ___________________. Place : Date : Name of Doctor & Seal.

FORM XXXIV APPLICATION FOR PENSION 1. 2. 3. Date of completion of 60 years 4. Date of payment of 1st subscription amount and Name of Bank Default if any and reasons thereof Date of payment of last subscription amount, date and name of Bank. List of documents (a) Identity Card (b) Pass Book (c) Challans Name and Address of applicant Registration No. : : : : : : :

5. 6. 7.

239

8. 9.

Address at which pension is to be sent Any other information (Details of benefit if any, from other welfare Boards)

: :

The facts furnished above are true to my knowledge and information. Place : Name and Signature of applicant

Date :

Register of Payment of Pension Name & address of the pensioner with Membership No. in The D.B.O.C.W.W. Board (2)

PPO No.

Date of Birth -------------- Date of entry in the scheme (3)

Date of retirement

Total Service (5)

(1)

(4)

No. & date Of Order of sanctioning Authority

Date of commencement of pension

Monthly Rate of pension Rs.

Deated-initial of ---------------Secretary D.E.O.

Remarks Order on cancellation of pension etc. May be noted here with reason and date Effect under initials of Secretary/DEO (10)

(6)

(7)

(8)

(9)

Details of Pension Paid

240

Month/Year

Amount of pention

Date of sending of Money Order (13)

Dated initials if D.E.O./S.S. (14)

Remarks (Details of undelivered H.O. etc. may be noted here (15)

(11)

(12)

APPLICATION FOR DEATH BENEFIT 1. 2. 3. Name and address of the worker 4. 5. 6. 7. 8. 9. Registration No. Age & Date of Birth Worker whether married Nature of Death (Give details) Details of documents submitted Amount of financial assistance applied for Name and Address of applicant Relationship with worker : : : : : : : : :

The facts furnished above are true to my knowledge and information. Place : Date : Name and Signature

241

Register of Death Benefit Sl. No. Date of receipt of application Name and Register No. of worker Period of remittance Date of death

Order No. and date

Name & Address Of nominee with Relationship to Member

Amount of Death Benefit

Refund of Amount

Total

Initial

242

ORM XXXIX APPLICATION FOR DISABILITY PENSION 1. 2. 3. Registration No. 4. Date of payment of first subscription amount and Name of Bank & Branch Date of payment of last subscription amount and Name of bank Total amount of subscription Details of disease/accident Name and address of applicant Age and Date of Birth : : : : : : : : : : : : :

5. 6. 7. 8.

Nature of disability due to disease/accident 9. Details of treatment in Government hospitals Date of admission and date of discharge.

10. Whether the patient was in plaster? If so, for how any days? 11. Amount spent for treatment (should be supported by medical bills countersigned by the treating doctor) 12. List of documents submitted 13. Details of benefits received, if any before.

243

14. Details of benefits received, if any from Government or any other institution, for the above treatment.

The facts furnished above are true to my knowledge and information. Place : Date : Name and Signature of Applicant.

FORM XL APPLICATION FOR INSTRUMENT LOAN 1. 2. 3. Residential Address 4. 5. 6. 7. 8. 9. Register No. Name of Bank in which contribution remitted Age & Date of Birth Monthly Income Name of the Applicant Father's/Husband's Name : : : : : : :

Details of other properties if any, owned or possessed : by the applicant DETAILS OF SURETIES Name & Address Occupation & Address Age & Date of birth : Present net monthly income Details of other properties Owned/possessed by the surety : Whether the surety has offered Himself as surety for any other Transaction earlier, if so, The details : Whether salary certificate from the employer is attached.: : : : :

10.

244

11.

PARTICULARS OF INSTRUMENTS TO BE PURCHASED : : : : : : : :

(a) Description (b) Make (c) Model (d) Invoice price (copy enclosed) (e) Name & Address of supplier/dealer

12.(a) Amount of loan applied for (b) No. of monthly instalments proposed for repayment

DECLARATION A. I/We confirm that the funds will be used for the stated purpose only and will not be used for speculation and/or anti-social purpose. B. I/We understand that the Board has the right to recall the funds if they are not used for the stated purpose. C. I/We understand that the sanction of the facility is at the discretion of the Board and I/we will execute necessary Security Documents as per the Board's requirements to its satisfaction.

Place : Date : Surety 1.

Name and Signature of Applicant.

Name & Signature.

(For Office Use only) The application submitted by Shri__________________ employed as _________________________________ in _______________ has been verified. The certificate of employment and surety in respect of the borrower/surety has been attached along with the undertaking by the employer. An amount of Rs.________________ (Rupees _______________________________________________________) may be sanctioned for the purpose being

245

the amount requested/amount eligible 75% of the invoice amount to be recovered of Rs._______________ (Rupees __________________________________________) in ________________ equal monthly instalments. The last instalment will be the amount outstanding after remittance of the ______________________ instalment including other dues to the Board at the time of closing of the loan amount.

Sanctioned/Rejected

District Executive Officer. Secretary

BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD Certified that Shri/Smt. _______________________ S/o, D/o, W/o _____________________________ of __________________ House No. _________________ Town _________________ Desam _________________ Village __________________ Taluk _____________ District ____________________ now residing at House No.___________________ Town/Desam ____________________ Village ____________________ Taluk __________________District _________________ is a permanent/officiating/acting/provisional ___________________________ (Designation).

DETAILS OF HIS/HER SERVICE ARE AS UNDER 1. Date of entry into service 2. Date of which continuous service beings Date of retirement

________________________________ ___________________ ______________________________.

DETAILS OF HIS/HER PAY, ETC. ARE AS UNDER 1. 2. 3. 4. Compensatory Allowance _______ (a) Provident Fund (b) (c) (d) Loan recoveries LIC recoveries Income Tax

Basic Pay Dearness Allowance HRA

__________________ __________ __________________

___________ ___________ _______________ 1. ___________ 2. ___________ 3. ___________

5.

Other Allowances

____________

(e)

Other recoveries

1. ________ 2. ________

246

TOTAL (A) NET SALARY :

_______________ A) - (B) Rs.

TOTAL (B) ______________

____________

Place : Date : (Office Seal)

Signature Name Designation of the Head of Office/Department

UNDERTAKING FOR RECOVERY FROM PAY I ____________________________(Name in full) ______________ _______________(Office/department) owe to Delhi Building and Other Construction Workers' Welfare Board, the sum of Rs._____________ (Rupees ______________________________________) borrower has undertaken to repay in equated monthly instalments of Rs.__________________ on ___________________ the ____________ day of every month, I hereby agree that in case of default of payment of monthly instalments in connection with the said transactions monthly recoveries of such amounts as may be fixed by the Board from time to time of which information will be given by the Board may be made from my salary at source and remitted or paid to the Board or its duly authorised representatives.

Place : Date :

Signature of Employee

________________________________________________________________ I agree to effect the above recoveries. Place : Date : (Office Seal) APPLICATION FOR FUNERAL BENEFIT 1. 2. 3. 4. 5. Name & Address of Applicant Relationship of applicant with the worker Name and address of worker Registration No. Date of registration : : : : : Signature of the Head of Office/Department.

247

6. 7. 8. 9.

Date of payment & first subscription, amount and name of bank, branch. Date of payment of last subscription, amount, name of bank, branch. Duration of membership Whether membership was live ?

: : : : : : : : : : : : :

10. Date of death of the worker 11. Reason for death 12. Whether applicant is the nominee of the worker 13. If not, whether the applicant has submitted ependence certificate. 14. Name, age & date of birth of the nominee 15. If nominees are minor, name of guardian and his relationships with the children 16. Whether consent letters from other nominees ubmitted ? (Where the No. of nominees is more than one) 17. Whether certificate of guardianship submitted by the minor children 18. Amount of benefit, applied for

The facts furnished above are true to my knowledge and information. Place : Date : Name and Signature of Applicant.

248

Employees Provident Fund Scheme Form 1 The Employees Provident Funds Scheme, 1952 Exemption under Paragraph 27 of the Scheme
I hereby apply for exemption from the Operation of all or the following provisions of the Scheme: (a) (b) (c) (d) (e) 1. 2. 3. 4. 5. 6. 7. 8. Name (a) (in block letters) Occupation Sex Religion Fathers Name Husbands name (for married women only) Permanent Address Details of the Provident fund, gratuity or old age pension

I declare that all the particulars stated above are true to the best of my knowledge and belief. Dated 19 Signature or left hand thumb impression in case of both female and male members of the Fund Certified that the above declaration has been signed by Employed in before me and that he/she is getting the benefits of provident fund, gratuity or old age pension as above. Date Signature of the Manager or other authorised officer of the Factory/Establishment. Registered No. of the Factory / Establishment Here give the name and address of the factory or other establishment in which employed.

249

Employees Provident Fund Scheme Form 2 Paragraphs 33 & 61(1) of the Employees Provident Funds Scheme, 1952 and Paragraph 18 of the Employees Pension Scheme, 1995
Nomination and Declaration Form for Unexempted/ Exempted Establishment

Declaration and Nomination Form under the Employees Provident Funds and Employees Family Pension Schemes
1. Name (in block letters) 2 3 4 5 6 7 Fathers / Husbands Name Date of Birth Sex Marital Status Account No. Address Permanent Temporary 8 B C (A) Date of Joining of EPF Scheme, 1952 (B) Date of Joining of EPF Scheme, 1971 (C) Date of Joining of EPF Scheme, 1995 Part A (EPF) I hereby nominate the person(s)/cancel the nomination made by me previously and nominate the person(s), mentioned below to receive the amount standing to my credit in the Employees Provident Fund, in the event of my death: Name of the nominee/nomine es Address Nominees relationship with the member Age of Nominee(s) Total amount or share of accumulations in Provident Fund to be paid to each nominee 5 If the Nominee is a minor, name & relationship & address of the guardian who may receive the amount during the minority of nominee

250

1. 2.

*Certified that I have no family as defined in Para 2(g) of the Employees Provident Funds Scheme, 1952 and should I acquire a family hereafter the above nomination should be deemed as cancelled. *Certified that my father/mother is / are dependant upon me.

Signature or thumb impression of the subscriber *Strike out whichever is not applicable

Part B (EPS) (Part 18) I hereby furnish below particulars of the members of my family who would be eligible to receive Widow/Children Pension in the event of my death. Sl. No. Name & Address of the family member Name 1 1 2 3 4 * Certified that I have no family as defined in Para 2 (vii) of the Employees Pension Scheme, 1971 and should acquire a family hereafter I shall furnish particulars thereon in the above form. 2 Address 3 4 Age Relationship with the member 5

Dated *Strike out whichever is not applicable.

Signature of thumb impression of the subscriber

Certificate by employer

Certified that the above declaration and nomination has been signed/thumb impressed before me by Shri/Smt/Km employed in my establishment after he/she has read the entries. The entries have been read over to him/her by me and got confirmed by him/her.

Signature of the employer or other Authorised officer of the establishment

251

Place Date

Designation Name & Address of the Factory / Establishment or rubber stamp thereof.

Note - Who you can nominate (A) UNDER THE EMPLOYEES PROVIDENT FUND SCHEME : (1) A member of the Employees Provident Fund who is married and/or his father/mother is / are dependent upon him can nominate only one or more persons belonging to this family as defined below : (a) In the case of a male member, his wife, his children, his dependent parents and his deceased sons widow and children; (b) In the case of a female member, her husband, her children, her dependent parents, her husbands dependent parents, her deceased sons widow and children. (2) If the member has got no family, or is a bachelor, nomination may be in favour of any person or persons, whether related to him or not, or even to an institution. If the member subsequently acquires a family such nomination shall forthwith become invalid and the member should make a fresh nomination in favour of one or more persons belonging to his family. (B) (1) UNDER THE FAMILY PENSION SCHEME : On the death of a member of the Family Pension Scheme, his family will be entitled to the benefits under the Family Pension Scheme, The family is defined as under(i) Wife in the case of a male member ; (ii) Husband in the case of a female member; and (iii) Minor sons and unmarried daughters. Explanation The expressions sons and daughters shall include children adopted legally before death in service.

(2) If the member has got no family, the monthly family pension, on the death of the member, will not be paid. However, Life Assurance Benefit will be paid to the person or persons entitled to receive his provident fund accumulations.

252

Employees Provident Fund Scheme

Form 3

(For Unexempted Establishments only)

(Paragraphs 35 and 42 of the Employees Provident Funds Scheme, 1952)

Contribution card for the currency period from 1. 2. Account No Name (In Block Capitals) 3. 4. 5. 6. 7. 8. 9. Fathers / Husbands name Name and address of Factory/Establishment Statutory rate of contribution Voluntary higher rate of employees contribution, if any Age Occupation / Job Income per month

to

Surname

10. Permanent/Temporary/Contractual

Contributions Months Members Share E.P.F. R.P.F. Total Employers Share E.P.F. R.P.F. Total Refund of advance Break in membership /reckonable service Rem arks

At 1 1/6% Rs. P. April May June July Rs. P. Rs. P. Rs. P.

At 1 1/6% Rs. P. Rs. P. Rs. P. Form To

253

August September October November December January February March Total

Dated

20

Signature of the Employer (Office Seal)

254

Employees Provident Fund Scheme

Form 3 A (Revised) (For unexempted Establishments only)

The Employees Provident Funds Scheme, 1952 (See paragraphs 35 & 42)

Contribution Card for the currency period From 1st 1. 2. 3. 4. 5. 6. Account No. Name /Surname (in block capitals) Fathers / Husbands Name Name & Address of the Factory/Establishment Statutory rate of the Contribution Voluntary higher rate of employees contribution, if any

, 19

to 30th/31st

, 19

Contributions Amount of Wages Workers Share E.P.F. R.P.F. Total Employers Share E.P.F. R.P.F. Total Refund of advance Break in membership /reckonable service Rem arks

(1)

(2)

(3)

(4)

(5)

(6)

Months April May June July August September October November

255

December January February March Total

(a) (b) (c)

Date of leaving service Reason for leaving service Certified that the total amount of contributions (both shares) indicated in this card i.e. Rs. [Column (3)(c)] [Column (4)(c)] has already been remitted in full in EPF A/c No. 1 (P.F.A/c) and A/c No. 10 (E.P.F. A/c.) (vide note below).

Certified that the difference between the total of the contribution shown under Cols. 3 & 4 of the above table and that arrived at one the total wages shown in Column 2 at the prescribed rate is solely due to rounding off of contributions to the nearest rupee under the rules.

Dated

19

Signature of the Employer (Office Seal)

Note : In respect of the Form 3-A sent to the Regional Office during the course of the Currency period for the purpose of final settlement of the accounts of the members who had left service details of date and reasons for leaving service, and also a certificate as shown in the Remarks columns should be added.

256

Employees Provident Fund Scheme Form 4 (Paragraphs 35 and 42 of the Employees Provident Funds Scheme, 1952) Contribution card for employees other than monthly paid employees for the period from to

1. 2. 3. 4. 5. 6. 7. 8.

Account No. Name (in block capitals) Caste Sex Date of birth as given in Form 2 Occupation Fathers name Husbands name (for married women only) Surname

9.

Martial status (whether bachelor, spinster, married, widow or widower)

10.

Permanent Address Village Taluk/Sub-Division State Thana District

11. 12. 13. 14. 15.

Signature or left hand thumb impression of member Signature of person preparing the card Signature of the Manager of the (factory or other establishment) Registered Number of the (factory or other establishment) Name and address of the (factory or other establishment)

257

Particulars of employment Registered number of factory or other establishment The employers and members contribution should be shown separately for each week Week 6 Week 15 Week 24 Week 33 Week 42 Week 51 Week 7 Week 16 Week 25 Week 34 Week 43 Week 52 Duration of Employment Employers /member/s total amount refunded Remarks Initials of the employers authorised clerk

Week 1

Week 2

Week 3

Week 4

Week 5

Week 8 Week 17 Week 26 Week 35 Week 44

Week 9 Week 18 Week 27 Week 36 Week 45

Week 10 Week 18 Week 28 Week 37 Week 46

Week 11 Week 20 Week 29 Week 38 Week 47

Week 12 Week 21 Week 30 Week 39 Week 48

Week 13 Week 22 Week 31 Week 40 Week 49

Week 14 Week 23 Week 32 Week 41 Week 50

Total contribution of the employer

Rs.

Signature of the employers Head Clerk or any Authorised Clerk

Total contribution by the member

Checked and found correct

Grand Total Amount refunded Authorised official of the Office of the Commissioner.

258

Employees Provident Fund Scheme Form 5 [Paragraph 36(2)(a) of the Employees Provident Funds Scheme, 1952 and Para 20(4) of the Employees Pension Scheme, 1995] Return of Employees qualifying for membership of the Employees Provident Fund, Employees Pension Fund & Employees Deposit Linked Insurance Fund for the first time during the month of (To be sent to the Commissioner with Form 2 (EPF & EPS) Name and Address of the Factory/Establishment Code No. of Factory/Establishment .. Sl. Account Name of Fathers Date Sex Date of No No. Employee (in name (or of joining the block capitals) Husbands Birth Fund name in case of married woman) 1 2 3 4 5 6 7

Total period of previous service as on the date of joining the Fund (Enclose Scheme certificate if applicable 8

Remar ks

Signature of the Employer or other authorised officer of the Factory/Establishment Date .. Stamp of the Factory/Establishment

259

Employees Provident Fund Scheme Form 5-A (For exempted /unexempted Establishments) The Employees Provident Funds Scheme, 1952 [See Paragraph 36-A] The Employees Pension Scheme, 1971 [See Paragraph 16] AND The Employees Deposit linked Insurance Scheme, 1976 [See Paragraph 1] Return of Ownership to be sent to the Regional Commissioner (In Duplicate) 1. 2. 3. 4. 5. 6. 7. 8. Name of the establishment Code Number of the establishment under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 Postal address of the establishment and its branches/departments, if any Industry or business in which engaged Date of first commencement of production/business (Trial/Regular) Date of closure by the previous management Whether run by the owners or lessees (if by lessees, period of the lease should be indicated) Particulars of owners

Name A i. ii. iii.

Age B

Status* C

Fathers Name D

Residential Address E

Date from which in position F

Whether Proprietor, Partner, Mg. Partner, Mg. Director, Director

260

9.

If on lease, Particulars of lesses: Name A Age B Fathers Name C Residential Address D Date from which in position E

i. ii. iii.

10.

If registered under the Factory Act. Particulars of the Manger/Occupier. Name A Age B Fathers Name C Residential Address D Date from which in position E

A. Occupier B. Manager

11.

Particulars of the persons mentioned above, who are in charge of and responsible for the conduct of the business of the establishment. Name A Age B Fathers Name C Residential Address D

i.

ii. iii Signature of the Employer Designation Seal of the establishment Dated 200

261

Employees Provident Fund Scheme Form 6 (Revised) The Employees Provident Funds Scheme, 1952 [See Paragraph 43] Return of the Contribution Cards sent to the Commissioner on the expiry of the period of currency from the to the

Name and Address of the Factory/Establishment Code No. of the Factory/Establishment

Sl. No.

Accoun t No.

Name of the membe r (in block letters

Employers Total Contribution E.P.F F.P.F Total

Members Total Contribution E.P.F. F.P.F. Total

Amount refunde d

Remark s

At 1 1/6% Rs. Rs. Rs. Rs.

At 1 1/6% Rs. Rs.

Total number of cards sent

Signature of the Employer or other authorised officer of Factory/Establishment

Date . 200

Stamp of the Factory/Establishment

262

Employees Provident Fund Scheme Form 6-A [Paragraph 43 of the Employees Provident Funds Scheme, 1952 and Paragraph 20(4) of the Employees Pension Scheme, 1995) Consolidated Annual Contribution Statement Annual statement of contribution for the currency period from 1st 20 to 20 Statutory rate of contribution No. of Members voluntarily subscribing at a higher rate Name and address of the Factory/Establishment Code No. of the Establishment Sl. No. Account No. Name of the Member (in block letters) Wages, Retaining allowance (if any) and D.A. including cash value of food concession paid during the currency period 4

Amount of workers Contribution deducted from the wages

Employers Contribution

Refund of Advances

E.P.F deference between 10% & 8 1/3% 6

Pension Fund 8 1/3% 7 8

Rate of higher voluntary contribution (if any)

remarks

10

Reconciliation of Remittances Sl. No. Month

Total Rs.

Rs.

Rs. (Admn. Charges Rs. At 0.65% of wages)

Rs. Aggregate Contribution s cols. 5+6+7 Rs. ( )

Amount Remitted EPF Contribution including refund of advances A/c No. 1

Amount Remitted Pension EDLI Fund Contribution Contribution A/c No. 21 A/c No. 10 Rs.

263

1 2 3 4 5 6 7 8 9 10 11 12 Total 1. 2.

Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.

Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.

Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.

Admn. Charges A/c No. 2 Rs.

EDLI Admn. Charges 0.001% Rs.

Total number of contribution cards enclosed (Form 3-A Revised) Certified that Form 3-A duly completed of all the members listed in this statement are enclosed, except those already sent during the course of the currency period for the final settlement of the concerned members account vide Remarks furnished against the names of the respective members above. Signature of Employer (with Office Seal)

264

Employees Provident Fund Scheme Form 9 Application for review field under sub-section (1) of Section 7-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1052 Paragraph 79-A For use in Commissioners Office Date of filling or Date of receipt by post Registration No.

Signature for Commissioner

1. 2.

Name of the Applicant Designation of the applicant or his relationship with the factory/establishment (Whether Owner/Partner/Director/Manager, etc. to be indicated)

3. 4. 5.

Name and complete address of the factory/establishment. Address of the employer for service of notice / summons Particulars of the order against which the review application is filed : i. Order no.

ii. Date of order iii. Passed by iv. Subject in brief 6. Main ground(s) on which the application for review has been made and the relief(s) sought. (if necessary, attach a duly signed statement with copies of the documents relied upon marked as A-1, A-2, A-3 and son on.)

265

Verification I (name of the applicant), S/o, D/o, W/o age working as

Resident of do hereby verify that the contents of particulars given at Sl. Nos. 1 to 6 above are true to the best of my knowledge and belief and I have not suppressed any material fact, I further declare that : (i) I am filing the application within 45 days from the date of the original order. (ii) I have not preferred any appeal against the original order under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. (iii) I am filling with this application, the original document authorising me to represent the aggrieved person (applicable only in cases where the application is filed by agent, advocate or other representative).

Place and date:

Signature

266

Employees Provident Fund Scheme Form 10 Paragraph 36(2)(a) & (b) of the Employees Provident Funds Scheme, 1952 Return of Members leaving service during the month of Name and address of the Factory/Estt. Sl. No 1 Account No. 2 Name of member (in block letters) 3 Fathers Name (or husbands name in case of married woman) 4 Code No Date of leaving service 5 *Reasons for leaving service 6 Remarks 7

Signature of the employer or other authorised officer Date : .. Stamp of the Factory/Estt.

*Please state whether the member is (a) retiring according to Para 69 (1)(A) OR (B) of the scheme, (b) leaving India for permanent settlement abroad, (c) retrenchment, (cc) part of a total disablement due to employment injury, (d) ordinarily dismissed for serious and wilful misconduct, (e) discharged, (f) resigning from or leaving service, (g) taking up employment elsewhere. (The name and address of the Employers should be stated) (h) Death, (I) attained the age of 58 years. A request for deduction for the account of a member dismissed for serious and wilful misconduct should be reported by the following certificate; Certified that the member mentioned at serial No. Shri .. was dismissed for serious and wilful misconduct. I recommend that the Employers contribution for . Should be forfeited from the account in the fund. A copy of the order of dismissal is enclosed. Certified that the member mentioned at serial No. Shri.. was paid/not paid retrenchment compensation of Rs. . Under the Industrial Disputes Act, 1947. Signature of the Employer

267

Employees Provident Fund Scheme Form 11 (Revised) (For unexempted Establishment only) Paragraph 34 of the Employees Provident Funds Scheme, 1952 Declaration by a person taking up employment in an establishment in which the Employees Provident Fund and Family Pension Fund Scheme are in force : I Name hereby solemnly declare that (a) I was last employed in (Name and full address of the establishment) and left service on (Prior to that I was employee of to date **(b) I was a member of Provident Fund ** son/wife/daughter of

from

and also/but not of the Family Pension Fund from and my account number(s) was/were / to /

(c) I have /have not withdrawn the amount of any Provident fund/Family Pnsion Scheme. (d) I have/have not drawn any superannuation benefits in respect of my past service from any employer.

(e) I have never been a member of any Provident Fund and/or Family Pension Scheme. Date Signature or **right/left hand thumb impression of the employee.

(To be filled in by the employer only when the person employed had not already been a member of the Employees Provident Fund) Shri (Name of the employee) in (Name of the Factory/Establishment) with effect from (Date of appointment) Date of completion of 120 actual working days in a period of 6 months or less or six months* continuous service or date of confirmation whichever is earliest. Date of admission as member of Employees Provident Fund Account No. is appointed as (Designation)

From worked

to

No. of days

268

Signature of the Employer or Manager or other Authorised Officer. Date ** Strike out whichever is not applicable. N.B. The principal employer should have filled it up also in respect of employees to be employed by or through a contractor. (For Unexempted Establishment only) Contract Total No. of Employees Total No. of Subscribers Rest Total

269

Employees Provident Fund Scheme Form 12 (Revised) Paragraph 38(2) of the Employees Provident Funds Scheme, 1952 Statement of Contribution for the month of Wage Period From to Name and address of the establishment Code No. of the Establishment Sl. No Account No. Name of the member (in block capitals) Wages, retaining allowance (if any) and D.A. including cash value of food concession paid to the member during the wage period Amount of Members Contribution deducted from the wages Employers contribution Rema rks 20

EPF

FPF 1 1/6% (b)

Total

EPF

FPF 1 1/6% (b)

Total (c)

(a)

(c)

(a)

Total amount of contributions including refund of advances Administrative charges Total amount deposited in (I) Account No. 1 Rs (ii) Account No. 10 Rs Bank in which deposited: No. and date of Bank draft/Cheque Reserve Bank of India Dated 19 Stamp of the Establishment

Signature of the Employer or other Authorised Officer Employees Provident Fund Scheme Form 12 (Revised)

Paragraph 38(2) of the Employees Provident Funds Scheme, 1952 Statement of Contribution for the month of 20

270

Name and address of the establishment Code No. of the Establishment Total No. of subscribers Wages on which contribution s are recovered Amount of contributions due as per recoveries made in the wages/ acquittance register

Workers Share EPF (a) FPF 1 1/6% (b) 3 Total (c) EPF (a)

Employers Share FPF 1 1/6% (b) 4 Total (c)

Amount of contributions remitted in Account Nos. 1 and 10 EPF (a) 5 Workers Share FPF 1 1/6% (b) 6 Total (c) EPF (a) Employers Share FPF 1 1/6% (b) 7 Total Total (c) 8

1. 2.

Total amount remitted in Account No. 1 Rs Date of remittance Total amount remitted in Account No. 10 Rs Date of remittance Amount of Adm. Charges remitted in A/c No.2 10 Whether the triplicate challan receipt is enclosed, if not, state reason Date of remittance 11 Remarks

Amount of Adm. Charges due 0.37% of the amount of wages shown in Column 2 9 Name and location of the bank in which remitted or No. and date of the cheque/draft sent to Regional Officer Account No. 1 Account No. 10 Account No. 2

No. as per last months return (+) No. of New Subscriber vide Form 5 (-) No. of Subscribers left service vide Form 10

271

*Net Total This should tally with the figure given at the top right hand corner of this Form.

Total No. of Employees Contract Rest Total No. of Subscribers Currency period from 1st April, 20 To 31st March, 20. Statutory Rate of Contribution No. of members voluntarily contributing at higher than the statutory rate

Total

Date

Signature of the Employer (with official seal)

272

Employees Provident Fund Scheme Form 13 For Office use only Date Seal/Reg. No.. (Para 57 of the Employees Provident Funds Scheme, 1952) Application for transfer of EPF Account To, The Commissioner Employees Provident Fund, . . Sir, I request that my Provident Fund balance along with the Membership details in Family Pension Fund may please be transferred to Present account under intimation to me, necessary particulars are furnished below : 1. 2. 3. 4. 5. Name : . Fathers/Husbands name in the case of female : . Name and address of the ex-employer : E.P.F. A/c No. allotted by ex-employer : With whom P.F. A/c of the ex-employer is maintained. .. with regional Provident Fund Commission With Provident Fund Trust. . Previous A/c No. allotted by the employer (if allotted separately) : .. Date of leaving service with previous employer : Date of joining the present employer : Date To, M/s. .. .. (To be filled in, if Note (ii) above is applicable

6. 7. 8.

Signature /Left Hand Thumb impression of the Member. To be filled in by the present employer : 9. Name and address of the establishment. 10. EPF Code & Account No. allotted to the member : .. 11. EPF Account No. allotted to the member separately, if any : .. 12. By whom the EPF Account of the member in the present establishment is kept. . . Being an unexempted establishment (I) By Regional Office at . (ii) Sub-Regional Office at . (iii) By exempted PF Trust, viz. Being an exempted establishment (iv) By Private PF Not covered under the Act viz. 13 By whom the EPF Account of the (I) PF Regional Office at member in the present (ii) PF-Sub-Regional Trust, viz.

273

establishments kept .. 14 In whose favour transfer is to be . effected i.e. payees details . Date : (For the Use of P.F. Office Only) A sum of Rs. (Rupees) is authorised for transfer, vide Annexture, K (Revised) Transfer Proceeds to be sent along with Annexture K (Revised) By D.D. to the Regional P.F. Commissioner Officer-in-charge of Sub-Regional Office . By D.D. to the P.F. Trust of the establishment with reference to details in Serial No. 14 above Membership details under Family Pension Fund forwarded to P.F. Regional Office/Sub-Regional Office at By transfer entries to the Members Ledger Card bearing Number in the present establishment from the Ledger Card bearing Number . of the previous establishment.. Transfer intimation/copy of Annexure K (Revised) to the member placed below. P.I. No. Clerk A.S./A.A.O./A.P.F.C Scroll No. Paid by Cheque No. . Date . Cashier/Clerk S.S. A.P.F.C Signature of Employer/Authorised Official with Office Seal.

274

Employees Provident Fund Scheme Form 14 (Paragraph 62 of the Employees Provident Funds Scheme, 1952) Application for Financing a Life Insurance Policy out of the Provident Fund Account To, The Commissioner, Employees Provident Fund, .. I .. s/d/w/of (Name in block capitals) an employee of . authorise (Name of the establishment) the Commissioner to (i) withdraw a sum of Rs. . (Rupees.0 from my Provident Fund Account No. and remit the same to the Life Insurance Corporation of India towards the initial premium in respect of my Life Insurance Policy/Proposal for Life Insurance details of which are given herein (ii) make periodical withdrawal of Rs(Rupees..) from my Provident Fund Account No. each time the premium falls due for payment and remit the same to the Life Insurance Corp0ration of India towards the premia in respect of my Life Insurance Corporation of India and I inform the Regional Commissioner accordingly; (iii) to convert the said insurance policy into a paid-up one when the credit in my provident fund relating to my own contribution becomes inadequate for the payment of any premium, unless the payment of further premium is arranged by me with the Life Insurance Corporation of India and I inform the Regional Commissioner accordingly; (iv) to pay late fees and/or interest of my own contribution in my provident fund account If any premium cannot be remitted to the said Corporation in time because of delay in sending to the Commissioner the policy duly assigned to the Central board of Trustees of the Employees Provident Fund or any other reason for which I or my employer may be responsible. 2. I accept that (i) The authorisation at Para I(ii) above shall be effective only when my life, insurance policy duly assigned to the Central Board of Trustees, Employees Provident Fund has been received by the Commissioner after proper registration of the assignment in the books of the said Corporation. (ii) The said authorisation shall thereafter remain operative till such time as I continue to be a member of the fund and have enough accumulations to my credit as my own share in the fund, or till the maturity of the policy, whichever is earlier. (iii) The terms of the policy shall not be altered nor shall the policy be exchanged for another policy without the prior written consent of the Regional Commissioner. The policy is enclosed for inspection/will be forwarded when received/has already been assigned to the Central Board of Trustees of the Employees Provident Fund and accepted by the Commissioner vide his letter No.. dated the I am aware that the policy is to be assigned to the Central Board of Trustees of the Employees Provident Fund as Security within six month is of the date of the first remittance by the fund to the said Corporation and sent to the Commissioner after registration of the assignment in the books of the said Corporation. I declare that (a) I have been a member of the fund for the period of not less than two years which is the minimum period for being eligible for financing the insurance policy from the fund. (b) The amount standing to my credit in my E.P.F Account (my own share) is Rs.. as on .. which is sufficient for making payment to LIC for two years. (c) My annual contribution to the fund is Rs. which is sufficient to pay my yearly premia. (d) I propose to nominate the same person as for the P.F.

3 4 5

275

6. 7.

I also declare that the policy is free from any encumbrances and the details of the *policy/proposal given herein are correct to the best of my knowledge. Details of the *policy/proposal : (i) Address of the Branch office or unit of the Life Insurance Corporation where the policy account * is to be maintained. (ii) *Policy/proposal No. & date. (iii) Sum assured/proposal to be assured. (iv) Probable date of purchase of the policy (v) Whether the proposal has been accepted and if so, By what date the first premium is to be paid. (vi) Cost of the policy (in the case of single payment policies) (vii) Amount of yearly permia. (viii) Due date(s) for payment of premium. (ix) Date of pyament of last premium. (x) Whether age has been admitted. If not state the nature of proof presented to Life Insurance Corporation. (xi) Name(s) of the nominee(s) under Section 39 of the Insurance Act, 1938. (xii) Guardian appointed under Section 39 of the Insurance Act, 1938 in respect of minor nominees, if any. (xiii) Details of any previous policy already assigned to the C.B.T, Or Certified that I have not withdrawn any amount previously for financing out of my provident fund account. (xiv) Remarks. **Signature or left/right thumb impression of the member

Date.

Certified that this form has been *signed/thumb impressed before me by (Name of member) Account No.. employed.. (Name of establishment) Date Signature of the employer of his authorised official Designation. Code No. of the Estt.. Name and address of the Establishment and its stamp

* Delete portion if not applicable. ** Left hand thumb impression in the case of illiterate male member and right hand thumb impression by illiterate female member. For use in Regional Commissioners Office (Accounts Section) Please furnish the following information in respect of the subscriber : Average of yearly contribution (Employees share only) on the basis of recent 12 months Form No. 12 Total contributions (Employees share only) as on Whether any other L.I.P. Advance has been granted before, f so, mention the date of the withdrawal Whether the subscriber has contributed for two years.

276

The above case has been examined vide Paras 62 to 64 of the Employees Provident Funds Scheme, 1952. A sum of Rs. (Rupees.) may be paid. Clerk Head Clerk Accounts Officer Insurance Section D.P. Sheet prepared and put up for signature Clerk (ins.) Head Clerk (ins.) Accounts Officer R.P.F.C. R.P.F.C.

277

Employees Provident Fund Scheme Form 15 The Employees Provident Funds Scheme, 1952 Form of Assignment of Policies under Paragraph 64(I) to be endorsed on Policy I.. S/d/w of .... Hereby assign unto the Board of Trustees, Employees Provident Fund . . within the policy of assurance as security for payment of all sums which under Paragraphs 67(1) and 68 of the Employees Provident Fund Scheme, I may hereafter become liable to pay to the Fund. I herewith certify that no prior assignment of the within policy exists dated.. this days of . Station Account No. *Signature or left/right hand thumb impression of the member. Witness Certified that this Form has been signed before me by ... Employed in .. Regd. No. of the Factory/Establishment Code No. of the Factory/Establishment Dated . 19 Signature of the Employer or any Authorised Officer Designation Stamp of the Establishment Notice To The Divisional Manager, The Life Insurance Corporation of India. Unit .. Subject : Assignment of Policy No. for Rs Notice is given that policy No.. for Rs. .. On the life of Shri/Shrimati As on this ..day of . 19 been assigned in Favour of Central Board of Trustees, Employees Provident Fund by Shri/Shrimati 2. The said policy is enclosed, Employees Provident Fund by Shri/Shirimati to the Regional Provident Fund Commissioner.State. (give complete address) Yours faithfully, Signature of the Assignee
Full address

278

Employees Provident Fund Scheme Form 16 The Employees Provident Funds Scheme, 1952 Application for advance from the Fund under Paragraph 68-B PART I (To be completed by the member) (1) (2) (3) (4) (5) (6) (7) Name of the member (in block letters) Fathers name (or husbands name in the case of married woman) .. Name of the Factory/Establishment . Account No. Rate of monthly basic wages and dearness allowance. Amount of advance required Purpose for which advance is required : (a) Purchasing a dwelling-house. (b) Purchasing a dwelling site. (c) Construction of a dwelling-house. (d) Addition/substantial alteration or substantial improvements necessary to the dwelling-house owned by member. (e) Completing the construction of the dwelling-house already commenced by member. (f) Acquiring a flat in a building. Whether any advance has been sanctioned for any of the purposes mentioned against Serial No. 7. If so, the date of sanction thereof Area and location of the dwelling site/house intended to be purchased/constructed/already purchased/constructed. Whether the site purchased/intended to be purchased/constructed is within or outside municipal area . Name and address of the present owner of the dwelling site/house intended to be purchased Present state of the dwelling-house or the stage at which the construction is now on [to be filled in if the advance is required for purpose (d) or (e) mentioned against Serial No. 7 .] Desired mode of remittance and the address to which remittance is desired. (a) By postal money order at members cost (b) By crossed cheque through post. (Please send advance receipt in the enclosed form). List of Documents to be enclosed in case of 7(a) and 7(b) (i) Title Deed of proposed seller. (ii) Non-encumbrance certificate in respect of the dwelling site/house to be purchased. (iii) Agreement with the vendor for the purchase of site/house. (iv) An estimate of the cost of construction in the case of the advance for the construction of the house. 7(c) and 7(d) (i) Original title deed for certificate from appropriate revenue authority regarding ownership and nonencumbrance of the land. (ii) Sanctioned construction plan. Conditions I undertake to comply with the following conditions : (i) The amount of advance shall be utilised for the purpose applied for. (ii) If the amount of advance is in excess of the actual expenditure incurred for the purpose for which the advance was granted the excess shall be refunded to the Fund within 30 days of the finalisation of the

(8) (9) (10) (11) (12) (13)

(14)

279

(iii) (iv) (v) (vi) (vii) (viii) (ix)

purchase or completion of the construction or completion of the additions to the dwelling-house as the case may be. If the advance is for construction of dwelling-house, the construction shall be commenced within six months of the withdrawal of the first instalment and completed within six months of the final instalment If the advance is for the purchase of the dwelling site or house, the purchase shall be completed within six months of the withdrawal. The amount of the advance shall not be utilised for constructing a dwelling-house on land which is not owned solely by me. The amount of advance shall not be utilised in purchasing a dwelling site or house which is not free from encumbrances and which is a share in a joint property. Such title deeds, plans, other documents and information related to the intended purchase, construction or addition as may be called for by Commissioner from time to time shall be furnished to him on demand. A declaration in form prescribed by the Commissioner shall be furnished to him immediately on finalisation of the purchase or completion of the construction or addition to the house. If the purchase or construction for which the advance is granted does not materialise or if there is any breach of the conditions specified herein or in the EPF Scheme the entire amount of the advance together with interest thereon at the rate of 6.14% per annum shall be refunded to the Fund. Declaration

(15)

I declare that (i) I have not taken any advance from the fund under Paragraph 68-C of the EPF Scheme. (ii) The dwelling site/house intended to be purchased out of the advance applied for is free from encumbrances and is not a share in joint property. (iii) Without the further advance now applied for the construction already commenced cannot be completed/the additions which are essential cannot be made. (iv) I am the sole owner of the land on which I intend to construct a dwelling-house out of the advance applied for (v) I have not taken any advance from the Fund under Paragraph 68-B/68-B(5). (vi) All requirements of the local authorities in connection with the intended construction/purchase have been satisfied. Date .. Signature or left/right hand thumb impression of the member. Postal Address :

Part II (To be filled in by the employer) Certified that the application has been signed by . Employed in my factory/establishment after he/she has read the contents/the contents have been explained to him/her by me and that the Account No. and the rate of monthly basic wages given in the application are correct. Following documents furnished by him are enclosed herewith : (i) Original title deed. (ii) Non-encumbrance certificate in respect of the dwelling site/house to be purchased, duly signed with official seal from appropriate revenue authorities. (iii) Extract of Property Register/VI/XII duly signed with official seal by appropriate revenue authority. (iv) Agreement with the vendor for the purchase of the site/house. (v) Sanctioned construction plan and an estimate of the cost of construction in the case of the advance for construction of the house. (vi) Non-agricultural use certificate from appropriate revenue authority (in respect of agricultural land) on which dwellinghouse is proposed to be constructed. (vii) Bank advance receipt duly ** signed by the applicant.

280

Date .. Regd. No. of the factory/Establishment Code No. of the factory/ Establishment Payment Authorised No. .. Auditor H.C. A.O.

Signature of the employer or an authorised official of the factory/establishment Designation of the signing official with Stamp of the factory/Establishment

Part III (For use in Regional Commissioners Office) (a) Years of service put in by the member.. (b) Total of accumulations standing to the credit of the member as his own share of contribution. As on .. (c) Whether in case of construction of house any proof to show that the land belongs to the member of his/her spouse has been submitted. (i) Original title deed. (ii) Non-encumbrance certificate from appropriate revenue authority (d) Whether in case of purchase of dwelling site/house title deed of the proposed seller has been produced along with an agreement with the vendor for the purchase of site/house as the case may be. (e) Recommendations by the clerk with his dated initials. (f) Recommendations by the H.C. with his dated initials. (g) Recommendations by the Accounts Officers (h) Orders of the Regional Commissioner.

281

Employees Provident Fund Scheme Form 19 Paragraph 72(5) of Employees Provident Funds Scheme, 1952 Form to be used by a Major Member of Employees Provident Funds Scheme, 1952 for Claiming the Employees Provident Fund Dues : (Refer to Instructions) 1. 2. 3. 4. 5. 6. 7. Name of the member (in Block Letters) Fathers Name (or husbands name in the case of married woman) .. . Name and address of the Factory/Establishment in which the member was last employed Account No. .. Date of leaving service Reason for leaving service . Full Postal Address (in Block Letters) Shri/Smt/Kumari ... S/o. W/o.. PIN . Put a tick in the box against the one opted ( 3) ( ) to the address given against item No. 7 ( ) S.B. A/c No. in figure . In worth Name of the Bank. Branch. Full Address.. Mode of Remittance (a) by postal money order at my cost (b) by account payee cheque sent direct to credit to my S.B./A/c (Scheduled Bank/P.O.) under intimation to me. (Advance Stamped Receipt furnished below)

8.

Certified that the particulars are true to the best of my knowledge. Date of Joining the Establishment .. Date of Leaving Service Contribution for the current financial year Month. Contribution.. Period Month. Contribution.. Period Employee Employer Total of break if Employee Employer Total of break if any any EPF FP EPF FP EPF FP EPF FP EPF FP EPF FP

282

(Information tobe furnished by the employer if the claim form attested by the employer) Certified that the above contributions have been included in the regular monthly remittance. The applicant has signed/thumb impressed before me. Signature of the employer or authorised Official Signature of left/right Thumb impression of the member

Advance Stamped Receipt Received a sum of Rs* . (Rupees*) From Regional Provident Fund Commissioner/Officer-in-Charge of Sub-Regional Office deposit in my Savings Bank Account towards the settlement of Provident Fund Accout. * The space should be left blank which shall be filled in by Regional Provident fund Commissioner/Officer-in-charge of S.R.O. Affix 1 ruppes Revenue Stamps Signature of left/right hand thumb impression of the member

(For the use of Commissioners Office) A/c. settled in part/Full Entered in F-21-A/224/29 Withdrawal Register. Clerk Head Clerk

(P.I. No.) (M.O./Cheque).. Account No. (Section). Under Rs Passed for Payment of Rs. in words) M.O. Commission If any) Net Amount to be paid by M.O. Accounts Officer Date ..

Paid by inclusion in Cheque No. . dt... Vide Cash Book (Bank) Account No. 10 Debit Item No. . H.C. AC/RC

283

Remarks

Acknowledgment Card Account No. EPFO Office of the RPFC/Officer-in Charge of Sub-Regional Office

Acknowledgement Received the following claims. EPF FPF IF In case, no intimation is received within a Month, you may write to the complaints Officer, Employees Provident fund duly quoting the Registration Number and your Provident Fund Account Number Registration No. . Date Office Seal..

Postcard

Postage Prepaid

. . PIN

Employees Provident fund Organisation Office of the Regional Provident Fund Commissioner/ S.R.O. .. (Full Address). Instruction for filling up the applications (Form 19 & 10-B) (For the guidance of applicant only. Not to be sent alongwith the claims) 1. 2. All the columns on the form should be filled in completely in ink, without any overwriting. Against the column reason for leaving service indicate the one applicable. (a) Retired from service after attaining the age of 55 years/attained the age of 55 years. (b) Retired on account of permanent and total incapacity for work due to Bodily / Mental informity (c) Retired under voluntary retirement scheme. (d) Migrating from India for permanent settlement abroad (e) Leaving India at least for a year. (f) Retrenched from Service (g) Discharged from service on receiving compensation under the Industrial Disputes Act, 1947. (h) Resigned not employed in any, factory to which the Employees Provident fund Scheme applies. Full postal address, should be given clearly in Block Letters Since the M.O. & Payment intimation is to be sent to this address the name of the member and Fathers (Husbands) should also be furnished in this column correct postal address including pin code will enable the Commissioner to make prompt payment to the correct payees.

3.

284

4. 5. 6. 7.

It was advisable to have the payment by cheque. For this purpose the account payee cheque will be sent direct to the Scheduled Bank in which the S.B. A/c is maintained under intimation to the member. This will expedite the settlement of the correct Payee. The literate member should sign the application for, illiterate male member should affix his left hand thumb impression and illiterate female member should affix her right hand thumb impression and the fact should be clearly recorded below thumb impression. If the claim is required to be submitted after completing the prescribed period (i.e. in case falling under items 2(g) and (h) above only, the declaration of non-employment in the application should be completed duly dated. The claim application should be attested and forwarded by the employer under whom the member was last employed. If the member is unable to send the applicatin through the employer or duly attested by him for and reason whatsoever he may forward the claims duly signed in the presence of any one of the following authorised and got attested over his official seal. (i)Magistrate; (ii) A Gazetted Officer; (*iii) Post / Sub-Postmaster; (Iv) President of the Village Union; (v) President of the Village Panchayat where if no Union Board; (vi) Chairman/Secretary/Member of the Municipal/District Local Board; (vii) Member of Parliament/-Legislative Assembly; (viii) Member of Central Board of Trustees/Regional Committes Employees Provident Fund; (ix) Manager of the Bank in which the Savings Bank Account is maintained; (x) Head of any recognised educational institution; (xi) any authorised person as may be approved by the Commissioner. The following documents should be enclosed in support of the claim If the member retired on account of permanent and total incapacity due to bodily or mental infirmity a medical certificate from the ESI or if the employee is covered under The ESI Scheme the Medical Officer designated by the Establishment should be attached. In case of migration from India for permanent settlement abroad Visa, Passport, Journey ticket etc., should be sent for perusal and return. The member should also furnish the address in the acknowledgement card attached to the claim(s). Instructions to the employer before forwarding the claims. Details of contribution in respect of the member for the current financial year should be furnished in the certificate portion, in case, the contribution is not already paid it should be remitted by separate challan and receipted triplicate challan should be enclosed to the claim. In support of claim under Employees Family Pension Scheme, 71 the period of break in reckonable service (i.e. period for which EPF contribution is not payable) should be furnished if not already intimated through contribution card. Note : If claim in Form 10-B EPF) along preferred S. Nos. 2,6 & 8 are not applicable.

8.

9. 10.

11.

285

Employees Provident Fund Scheme Form 20 Employees Provident Funds Scheme, 1952 Form to be used : (1) by guardian of minor/lunatic member. (2) By a nominee or legal heir of the deceased member. Or, (3) By the guardian of the minor/lunatic nominee or heir. For claiming the Provident Fund accumulation of minor/deceased member.

Particulars of Member (a) (b) (c) (d) (e) (f) (g) (h) Name of the member (in Block Letters) Fathers / Husbands Name Name & address of the Factory/Establishment in which the member was last employed Account No. Date of leaving service Reason for leaving service (in case of deceased member) Date of death of the member Marital status of the member on the day of death

Particulars of the claimant 3. (to be filled in by a Major/Nominee/Legal Heir/Member of the family of the Deceased Member) (a) Name of the claimant (in Block Letters) (b) Fathers/Husbands Name (c) Sex (d) Age (as on the date of death of the member) (e) Marital status (as on the date of death of the member) (Whether unmarried, married, widow, widower) (f) Relationship with the deceased member.

* 3 To be filled by the Guardian/Manager of Minor/Lunatic Member or Lunatic Minor {Nominee[s]/Legal Heir[s]/Family member[s] } of the deceased member (a) Name of the claimant [i.e. Guardian] (b) Fathers / Husbands Name (c) Relationship with the member/deceased member

286

*3 Particulars of the minor/Lunatic Nominee(s) Legal Heir(s) / Family Member(s) on whose behalf the Provident Fund Amount claimed. Sl. Name Sex Age Religion Relationship No. With the With the member guardian 1 2 3 4 5 6 7 1 2 3 4 * Delete, if not applicable 4. Claimants Full Postal Address (in Block Letters) Shri/Smt. S/o / W/o / H/o / D/o . . PIN.. MODE OF REMITTANCE (a) by postal money order at my cost, or (b) by account payee cheque sent direct for credit to my S.B. A/c (Sch. Bank/Post Office ) under intimation to me (Advance Stamped Receipt) furnished below : Put a tick in the box against the one opted [ ] * to the address given in Item No. 4 * S.B. Account No. . Bank.. Branch.. Full address of Bank

5.

Certificate *To the best of my knowledge no posthumous child will be born to the deceased member. I certify that the minor(s) lunatic Shri/Smt./ is living with me and is being supported and looked after by myself and the Provident fund money claimed on behalf of minor/lunatic will be spent in his/her best interests and benefit. I certify that the minor member has not been employed in any Factory/Establishment to which the Act applies for a continuous period of not less than 6 months immediately preceding the date of the application. Enclosure Signature of left/right hand thumb impression of the claimant

287

Date Delete if not applicable. Advance Stamped Receipt [To be furnished only in case of 5(b) above] Received a sum of Rs. . [Rupees.] from Regional Provident fund Commissioner/Officer-in-Charge of Sub-Regional Office. By deposit in my Saving Bank Account towards the settlement of Provident fund Account of Shri/Smt * The space should be left blank which shall be filled in by RPFC/Office-in-Charge of S.R.O. Affix 1 Rupee Revenue Stamp Signature of left/right hand thumb impression of the claimant

Certificate of the attesting authrority Contribution for the Current period Month Contribution Employe Employe Total e r EPF FP EPF FP EPF FP

Period of break if any

Month EPF FP

Contribution EPF FP EPF FP

Period of break if any

Certified that the above contributions have been included in the regular monthly remittances. Certified that the facts stated above are correct. Certified that the claimant Shri/Smt./Kumari.. is known to me and has signed/thumb impressed before me. Signature of the employer or authorised officer Designation & Office Seal

For the use of Commissioners Office Account settled entered in Form 21-A/24/2/9 (Revised) & Withdrawal Register. Clerk P.I. No. M.O. Cheque Section. Passed for Payment Rs. (In words).. Head Clerk Account No.

288

M.O. Commission (if any) Net amount to be paid by M.O. Under Rupees..

Accounts Officer Date

For use in Cash Section Paid by inclusion in Cheque No. . Vide Cash Book (Bank Account No. 3 Debit Item No. Head Clerk Assistant Commissioner/Regional Commissioner

Remarks ACKNOWLEDGEMENT CARD Account No. EPFO Office of the RPFC/Officer-in Charge of Sub-Regional Office

ACKNOWLEDGEMENT CARD Received the following claims. Registration No Date Office Seal.. . . POST CARD Postage Prepaid

In case, no intimation is received within a month, you may write to the Compliants Officer, Employees Provident Fund duly quoting the Registration Number and your Provident Fund Account Number. PIN.

EMPLOYEES PROVIDENT FUND ORGANISATION Office of the Regional Provident Fund Commissioner / S.R.O Full Address... Instruction (For the guidance of applicant only, not to be sent along with the claim) The following instruction should be carefully read before completing the form.

289

1.

Employees Provident Fund Scheme, 1952 : Form 20: Claim for the withdrawal of Provident Fund Accumulation of minor/deceased member. By whom the claim application should be preferred? If the member is a minor by the guardian. On death of the member : (a) If nomination subsists : by the nominee(s) if the nominee(s)/are minor by the guardian of minor(s). (b) If no nomination subsists : - by the family members (family includes posthumous child if any, except major sons, and married daughters whose husbands are alive, of the deceased member duly supported by list of surviving family members (as on the date of the death of the member) furnished by the last employer or mamlatdar/Tehsildar or Executive Magistrate indicating complete particulars such as name, relationship with deceased member (in the case of parents whether dependant or not) age, marital status. If any family member is a minor by the guardian of minor. If both (a) & (b) above are not applicable : - by legal heir(s) duly supported by a legal heirship certificate (from the appropriate State Normally Revenue authorities). Documents to be enclosed : (a) If the application is preferred by a guardian other than the natural guardian or minor member/nominee/family member/legal heir a guardianship certificate issued by competent court of law should be enclosed. (b) Death certificate. (c) If the amount receivable exceeds Rs. 5000 but less than 25,000 an affidavit-cum-indemnity bond (From may be obtained from the ex-employer of Regional Provident Fund Commissioner or Officer-in-Charge of SubRegional Office ) or Estate Duty Clearance Certificate. (d) If the amount receivable exceeds Rs. 25,000 on Estate Duty Clearance Certificate.

2. Or

3.

Form 11 (FPF) : Claim for benefits as admissible under the Employees Pension Scheme, 1971. By whom claim application should be preferred ? If the member is minor by his guardian. Or (2) On death of the member : (i) If the deceased had family on the day of death the claim should be preferred by. (a) the widow or widower. (b) Failing (a) above, by the guardian or eldest surviving minor son. (c) Failing (a) and (b) above by the guardian or eldest surviving minor, unmarried, daughter. (iii) If the deceased member had no family on the day of death, the Family Pension Fund benefit should be claimed by the person(s) eligible to receive the Provident Fund accumulation of the dece3ased member and if such member is a minor by the guardian. *(If the claimant being other than the natural guardian a guardianship certificate issued by the court of law should be enclosed. Important Note : - In case the member died while in service after contributing to the Family Pension Fund for a period of not less than two years, an application in Form 10-A should also be preferred for claiming monthly Family Pension. (iii) Form 5(F) Benefit under Employees Deposit-Linked Insurance Scheme, 1976. The benefit under Employees Deposit-Linked Insurance Scheme, 1976 is admissible to the person(s) entitled to receive the Provident Fund accumulation of the deceased member only under the following conditions. (1) The death should have occurred while in service and. (2) The average balance in the accounts of the deceased employees should not be below the sum of Rs. 1000 during the preceding three years of during the period of his membership, whichever is less. An affidavit-cum-indemnity bond in the prescribed form should be furnished wherever the payment under Employees Deposit-Linked Insurance exceeds Rs. 5000 (if amount receivable under Employees Provident Fund and Employees Deposit-Linked Insurance does not exceed Rs. 25,000 one affidavit-cum-indemnity bond is sufficient). (1) GENERAL (1) All the columns in the form should be filled in, in ink, without any overwriting. (2) Correct postal address, including PIN CODE will enable to make prompt payment to the correct payee. (3) The claimant should also furnished the address in the acknowledgement attached to the claims.

290

(4) The literate claimant should sign the application form. In case of illiterate : - Left hand thumb impression by illiterate male claimant and right hand thumb impression by illiterate female should be affixed in the claim form. (5) Attestation of claim application : - The application should be submitted through the employer under whom the member was last employed if for any reason the claimant is unable to submit through the employer, the claim may be got attested with official seal by any one of the following officials. (I) Magistrate; (ii) A gazetted officer; (iii) Post/SubPostmaster; (iv) President of Village Union; (v) President of the Village Panchayat where there is no Union Board; (vi) Chairman/Secretary/Member of the Municipal/District/Local Board; (vii) Member of Parliament/Legislative Assembly; (viii) Member of C.B.T. Regional Committee of the E.P.F.; (ix) Manager of the Bank where claimant has account; (x) Head of any recognised educational institution or ; (xi) Head of any recognised educational institution or; (xi) Any other official as may be approved by the Commissioner. (6) Instruction to employers : While forwarding the claims the employer should ensure that all the information required in the claim furnished correctly and requisites documents are enclosed in support of claim under Employees Family Pension Scheme, 1971 the period of break in reckonable service (i.e. period for EPF contribution is not payable should be furnished, If not already intimated through contribution card. For office use only Dated Official Seal and Registration No.

291

Employees Provident Fund Scheme Form 31 Application for Advance from the Fund [Refer : INSTRUCTIONS] Purpose for which advance is required Amount of advance required Rs. In words

1. 2. 3. 4. 5. 6. 7.

Name in full (in block letters) Fathers / Husbands Name Name of the Factory/Establishment in which employed and address Provident Fund Account No. U.P./ Monthly basic wages & D.A. Basic + D.A. Total Full Postal address of the member to which payment/intimation to be sent Mode of remittance : (a) In case of advance for purchase of site/house/flat or construction through an agency OR-Repayment of housing loan, indicate (i) in whose favour the cheque is to be drawn, and (ii) full address In other cases, put a tick () against any one of the following : (b) by account payee cheque through the (employer of the address given against Sl. No. 3) (c) By deposit in Bank Account No. in figures in words Name of Bank . (d) By money order at my cost to the address given against Sl. No. 6 ...

*I declare the advance is required to meet the expenses in connection with marriage/marriage of my son/daughter/brother/sister/Sri/Kumari .. .. . (Name) Aged. To be celebrated on .. at ... Date . Address.

I declare that the above particulars are true to the best of my knowledge & I will abide by the condition governing the grant of advance under the scheme Certificate/documents in support of my application/is/are furnished/enclosed. Station Date .. Signature/Left hand thumb impression of the member

292

Advance Stamped Receipt [To be furnished with reference to 7(a) or (b) or (c) above Only] Received a sum of Rs.*. (Rupees % .) from the Regional Provident Fund Commissioner/Officer-in-Charge of sub-Regional]Office Employees Provident Fund towards the grant of advance from my Employees Provident Fund Account mentioned by firm. Affix 1 Re Revenue Stamp Signature of member

To be filled in by the E.P.F. office.

(TO BE FURNISHED BY THE EMPLOYER) [During the closure/lockout of the Factory/Establishment by any gazetted officer or the Chief executive/Head of local authorised (sic) or MP or MLA or member of C.B. T. / Regional Committee EPF] Certified that the application has been signed by the member in my presence after he/she has read the contents and have been explained to him/her by me and that the information given in the application is correct required certificate(s) is/are enclosed. Date . Designation of the signing officer with Stamp of the Factory/Establishment Encl. For use in Provident Fund Commissioners Office Section. Account No. AUTHORITY FOR PAYMENT OF ADVANCE UNDER PARA : 68 Signature of the Employer or an Authorised Officer of the Factory/Establishment

Passed for Payment for Rs. .. (Rupees ...only) Mode of remittance : Refer Sl. No. 7 M.O. Commission if any, Net Amount to be paid by M.O. Clerk P.I. No. Head Clerk Vide Payment scroll P.C. to A.O. Accounts Officer

For use in Cash Section Paid by inclusion in Cheque No. Dated the, vide Cash Book (Bank) Account No. 3 .. debit item No. Clerk Head Clerk Remarks Assistant Commissioner

293

Instructions A member of the fund may avail the following non-refundable in advances. The documents to be furnished in support of the application are given in brackets. 1. Purchase of the Dwelling site : (From on Agency Original allotment order) From an individual : Original title deed non-encumbrance certificate (for varification and return agreement with the seller) 2. Purchase of Dwelling-house/Flat : (From on Agency Original allotment order) From an individual : Original title deed (for verification and Return) agreement with the seller, non-encumbrance certificate from appropriate authority that the house/flat is a new and unlived one furnishing the number and date of plan approval commencement and completion of the house/flat tax bill and receipts. 3. Construction of a House : Original title deed for verification and return (non-encumbrance certificate estimated, cost of construction, Approved Plan Note : While claiming the second and subsequent instalment the declaration/certificate as required by the Commissioner in his letter sanctioning the advance should be submitted along with the application ) Agency-referred to-in 1 to 3 above would mean Central/State Government, a cooperative society, an institution, a Trust, a Local Body or a Housing Finance Corporation in case of transaction through an agency the payment will be made only by account payee cheque direct to the Agency concerned. 4. Addition, Alteration, or Improvement to the House Owned by member or by Spouse : (Approval of the appropriate authority, estimate of the work, original title deed of the house (for verification) non-encumbrance, a certificate, from the appropriate authority specifying the date of completion of the house) 5. Repayment of (Housing Loan to State Govt. Housing Board, Municipal Corporation or a Body similar to Delhi Dev. Authority : (A Certificate from the lending authority furnishing the details of loan and outstanding amount ) 6. Closure/Lockout of the Factory & Establishment, for reasons other than Strike; (Furnished the Certificate A given overleaf) 7. Non-Receipt of wages for 2 months; (Furnish the Certificate B given overleaf) 8. Illness of member/Family Member : (Furnish the Certificate C given overleaf) 9. Marriage of Self/Son/Daughter/Sister/Brother. 10. Post-Matriculation Education of Son/Daughter : (certificate from the institution regarding the course of study and anticipated expenditure) 11. Damage to the property due to Natural Calamity (Flood/Riot/Earthquake) : (Furnish the Certificate D given overlead) 12. Affected by cut in Electricity : (Furnish the Certificate E given overleaf) 13. Purchase of Equipment for physically Handicapped Member . (Furnished the Certificate F given overleaf) Note : (1)Such other documents, certificate etc. as may be required by the sanctioning authority are also required to be furnished, through the establishment. (2) In case no intimation is received with the month please write to the R.P.F.C. / Officer-in-Charge of such Regional Office through the establishment.

CERTIFICATE A (Refer : Instruction Sl. No. 6) Certified that no compensation was paid to the member Sri/Smt.. . For the period of lockout/closure. (Signature of the employer/authorised official with date and seal)

CERTIFICATE B (Refer : Instruction Sl. No. 7) Certified that member Sri/Smt./. has not received his/wages for a continuous period of two months or more i.e. from to . (Signature of the employer/authorised officer with date and seal)

294

CERTIFICATE C (Refer : Instruction Sl. No. 8) Certified that -(i) The member Sri/Smt has / had been granted leave for a period of from to. (ii) The ESI facilities/cash benefits are not actually available to the member/the member has ceased to be eligible for cash benefits under ESI certificate from ESI enclosed. (Signature of the employer/authorised officer with date and seal)

Medical certificate to be issued (I) In case of major surgical operation or where the hospitalisation for one month or more had or has become necessary by the Doctor of the Government/ESI/Private Hospital (ii) In case of treatment of T.B./Leprosy, paralysis or cancer by Doctor of Govt. / Private Hospital/ESI or by a Regd. Medical Practitioner (iii) in case of treatment of heart ailment or mental derangement by a specialist doctor. Certified that Sri/Smt S/o/W/oD/o. (i) is suffering from T.B./Leprosy/Paralysis/Cancer/Mental derangement/Heart ailment. (ii) is suffering from . (disease) for which a major surgical operation and hospitalisation for a period of days from ... (iv) is suffering from .. and hospitalisation for period .. days from to . had or has become necessary. Delete if not applicable (Signature of Doctor with dated seal)

CERTIFICATE D (Refer : Instructions Sl. No. 11) Certified that the movable / immovable property of Shri.. viz .. situated at .. has been damaged due to . On date .. the estimated loss of property due to .,.. calamity is valued at Rs. . The State Government has declared that the calamity has affected the general public in the area in which the property of member is / was located vide notification press release no. and date. (Signature of the Employer/revenue officer/Gazetted with seal and Member of C.B.T. /Regional Committee with date and seal)

CERTIFICATE E (Refer : Instructions Sl. No. 12) Certified that the fall in wages amounting to 25% more than 25% of the wages in respect of Shri/Smt is due to power cut. (Signature of the employer/authorised official with date and seal)

CERTIFICATE F (Refer : Instructions Sl. No. 13) Certified that Sri/Smt./Km. . S/o/W/oD/o.is physically handicapped viz. .. and requires equipment. (name of handicap)

295

viz. . Costing about Rs. to minimise the hardship on account of handicap. (Signature of the Doctor with date and seal)

296

Payment of Gratuity (Central) Rules FORM A

Notice of opening
1. Name and address of the establishment.

2. 3. 4. 5. 6. 7. 8. 9.

Name and designation of the employer. Number of person employed. Maximum number of persons employed on any day during the preceding twelve months with date. Number of employees covered by the Act. Nature of industry. Whether seasonal. Date of opening. Details of Head Office/Branches. (a) Name and address of the Head Office. Number of employees. (b) Names and address of other Branches in India. 1. 2. 3.

I verify that the information furnished above is true to the best of my knowledge and belief.

Signature of employer with name and designation Place Date To The Controlling Authority,

Payment of Gratuity (Central) Rules

297

FORM B

Notice of change
Name and the address of the Establishment Take notice that following changes have taken place with effect from in the particulars furnished by me in notice, dated Name Address Name of the Employer Nature of Business on Form A.

Place Date Signature of the Employer with name and designation

To The Controlling Authority,

298

Payment of Gratuity (Central) Rules FORM 'C'

Notice of closure

Take notice that it is intended to close down the establishment with effect from . The other details are furnished below: 1. 2. 3. 4. 5. 6. Name and address of the establishment Name and address of the Head Office, if any Name and designation of the employer Number of persons in employment Number of employees entitled to gratuity Amount of gratuity involved

Place: Signature of the Employer with name and designation. Date: To, The Controlling Authority,

299

Payment of Gratuity (Central) Rules FORM 'D'

Notice for Excluding Husband from Family From---1. 2. 3. 4. 5. Name of the female employee Name or description of establishment where employed Post held with Ticket or Serial No., if any Department/Branch/Section where employed Permanent address

Take notice that I, Shrimati Shri Gratuity Act, 1972. Place:

desire to exclude my husband from my family for the purposes of the Payment of

Signature/Thumb-impression of the Employee. Date:

Declaration by Witnesses
The above notice was signed/thumb-impressed before me. Name in full and full address of witnesses. 1. 2. Place: Date: To, The Controlling Authority (through the employer) (Name and address of the employer here.) Signature of Witnesses. 1. 2.

300

For use by the Employer

Received and recorded in this establishment. Reference No. Signature of the employer or an officer authorised in this behalf by the Employer. Date To, 1. 2. (Employee) The Controlling Authority

Note.Strike out the words not applicable.

Payment of Gratuity (Central) Rules

301

FORM 'E'

Notice of Withdrawal of Notice for excluding Husband from Family

3. 4. 3. 4. 5. Name of the female employee Name or description of establishment where employed Post held with Ticket or Serial No., if any Department/Branch/Section where employed Permanent address hereby withdraw the notice whereby I excluded my husband Shri .

Take notice that I, Shrimati dated dated Place:

from my family for the purposes of the Payment of Gratuity Act, 1972. The earlier notice was recorded under your reference No.

Signature/Thumb-impression of the Employee. Date:

Declaration by Witnesses
The above notice was withdrawal was signed/thumb-impressed before me. Name in full and full address of witnesses. 1. 2. Signature of Witnesses. 1. 2.

Place: Date: To, The Controlling Authority (through the employer) (Name and address of the employer)

302

For use by the Employer

Received and recorded in the establishment. Reference No. Signature of the employer or Officer authorised

Seal or rubber-stamp of the establishment.

Date To, 1. 2. (Employee) The Controlling Authority

Note.Strike out the words not applicable.

303

Payment of Gratuity (Central) Rules FORM 'F'

Nomination
To, (Give here name or description of the establishment with full address)

I, Shri/Shrimati/Kumari (Name in full here)

whose particulars are given in the statement below, hereby nominate the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of gratuity shall be paid in proportion indicated against the name(s) of the nominee(s).

2. 3. 4 5. 6.

I hereby certify that the person(s) mentioned is/are a member(s) of my family within the meaning of clause (h) of Section 2 of the Payment of Gratuity Act, 1972. I hereby declare that I have no family within the meaning of clause (h) of Section 2 of the said Act. (a) My father/mother/parents is/are not dependent on me. (b) My husband's father/mother/parents is/are not dependent on my husband. I have excluded my husband from my family by a notice dated the to the controlling authority in terms of the proviso to clause (h) of Section 2 of the said Act. Nomination made herein invalidates my previous nomination.

Nominee(s) Name in full with full address of nominee(s) (1) 1. 2. 3. So on. Relationship with the employee (2) Age of nominee (3) Proportion by which the gratuity will be shared (4)

304

Statement
1. 2. 3. 4. 5. 6. 7. 8. Name of employee in full Sex Religion Whether unmarried/married/widow/widower Department/Branch/Section where employed Post held with Ticket No. or Serial No., if any Date of appointment Permanent address: Village Post Office Thana District Sub-division State

Place: Signature/Thumb-impression of the Employee Date: Declaration by Witnesses Nomination signed/thumb-impressed before me Name in full and full address of witnesses. 1. 2. Place: Date: Signature of Witnesses. 1. 2.

Certificate by the Employer

Certified that the particulars of the above nomination have been verified and recorded in this establishment. Employer's Reference No., if any Signature of the employer/Officer authorised Designation Date: Name and address of the establishment or rubber stamp thereof.

305

Acknowledgement by the Employee

Received the duplicate copy of nomination in Form 'F' filed by me and duly certified by the employer. Date: Note.Strike out the words/paragraphs not applicable. Signature of the Employee

Payment of Gratuity (Central) Rules

306

FORM 'G'

Fresh Nomination
To, (Give here name or description of the establishment with full address)

I, Shri/Shrimati/Kumari (Name in full here)

whose particulars are given in the statement below, have acquired a family within the meaning of clause (h) of Section 2 of the Payment of Gratuity Act, 1972 with effect from the (date here) in the manner indicated below and therefore nominate afresh the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of gratuity shall be paid in proportion indicated against the name(s) of the nominee(s).

2. 3. 4.

I hereby certify that the person(s) mentioned is/are a member(s) of my family within the meaning of clause (h) of Section 2 of the said Act. (a) My father/mother/parents is/are not dependent on me. (b) My husband's father/mother/parents is/are not dependent on my husband. I have excluded may husband from may family by a notice dated the

to the Controlling Authority in terms of the proviso to clause (h) of Section 2 of the said Act.

Nominee(s) Name in full with full address of nominee(s) (1) 1. 2. 3. So on. Relationship with the employee (2) Age of nominee (3) Proportion by which the gratuity will be shared (4)

Manner of acquiring a Family

307

(Here give details as to how a family was acquired, i.e., whether by marriage or parents being rendered dependent or through other process like adoption)

Statement
1. 2. 3. 4. 5. 6. 7. 9. Name of employee in full Sex Religion Whether unmarried/married/widow/widower Department/Branch/Section where employed Post held with Ticket No. or Serial No., if any Date of appointment Permanent address: Village Post Office Thana District Sub-division State

Place: Signature/Thumb-impression of the Employee Date:

Declaration by witnesses
Fresh nomination signed/thumb-impressed before me. Name in full and full address of witnesses. 1. 2. Signature of Witnesses. 1. 2.

Place: Date:

Certificate by the Employer Certified that the particulars of the above nomination have been verified and recorded in this establishment. Employer's reference No., if any. Signature of the Employer/Officer authorised. Date: Designation

308

Name and address of the establishment or rubber stamp thereof.

Acknowledgement by the Employee

Received the duplicate copy of the nomination in Form duly certified by the employer. Date: Note.Strike out the words and paragraphs not applicable.

filed by me on Signature of the Employee.

Payment of Gratuity (Central) Rules FORM 'H'

309

Modification of Nomination
To, (Give here name or description of the establishment with full address)

I, Shri/Shrimati/Kumari (Name in full here) whose particulars are given in the statement below, hereby give notice that the nomination filled by me on (date) and recorded under your reference No. No. dated

shall stand modified in the following manner--(Here give details of the modifications intended)

Statement
1. 2. 3. 4. 5. 6. 7. 8. Name of employee in full Sex Religion Whether unmarried/married/widow/widower Department/Branch/Section where employed Post held with Ticket No., or Serial No., if any Date of appointment Address in full

Place: Signature/Thumb-impression of the Employee Date:

Declaration by witnesses

310

Modification of nomination signed/thumb-impressed before me. Name in full and full address of witnesses. 1. 2. Signature of Witnesses. 1. 2.

Place: Date:

Certificate by the Employer Certified that the above modification have been recorded. Employer's reference No., if any. Signature of the Employer/Officer authorised. Date: Designation Name and address of the establishment or rubber stamp thereof.

Acknowledgement by the Employee

Received the duplicate copy of the nomination in Form H filed by me on duly certified by the employer. Date: Note.Strike out the words not applicable Signature of the Employee.

Payment of Gratuity (Central) Rules FORM I

311

Application for Gratuity by an Employee

To, (Give here name or description of the establishment with full address) Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/total disablement due to accident/total disablement due to disease with effect from the Necessary particulars relating to my appointment are given in the statement below.
Statement 1. 2. 3. 4. 5. 6. 7. 8. 9. 2. Name in full Address in full Department/Branch/Section where last employed Post held with Ticket No., or Serial No., if any Date of appointment Date and cause of termination of service Total period of service Amount of wages last drawn Amount of gratuity claimed I was rendered totally disabled as a result of--(Here give the details of the nature of disease or accident) The evidences/witnesses in support of my total disablement are as follows:-(Here give details) 3. Payment may please be made in cash/open or crossed bank cheque.

4. As the amount of gratuity payable is less than rupees one thousand, I shall request you to arrange for payment of the sum due to me by Postal Money Order at the address mentioned above after deducting postal money order commission therefrom. Yours faithfully, Signature/Thumb-impression of the applicant employee. Place: Date: Notes.(1) Strike out the words not applicable. (2) Strike out paragraph or paragraphs not applicable. Payment of Gratuity (Central) Rules FORM 'J'

312

Application for Gratuity by a Nominee

To, (Give here the name or description of the establishment with full address). Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972 as a nominee of late (Name of the employee) who was an employee of your establishment and died on the . The gratuity is payable on account of the death of the aforesaid employee while in service/superannuation of the aforesaid employee on /retirement or resignation of the aforesaid employee on Necessary particulars relating to my claim are given in the Statement below: after completion of years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from the

Statement
1. 2. 3. 4. 5. 6. 7. 8. 9. Name of applicant nominee Address in full of the applicant nominee Marital status of the applicant nominee (unmarried/married/widow/widower) Name in full of the employee Marital status of employee Relationship of the nominee with the employee Total period of service of the employee Date of appointment of the employee Date and cause of termination of service of the employee

10. Department/Branch/Section where the employee last worked 11. Post last held by the employee with Ticket or Sl. No., if any 12. Total wages last drawn by the employee 13. Date of death and evidence/witness as proof of death of the employee 14. Reference No. of recorded nomination if available 15. Total gratuity payable to the employee 16. Share of gratuity claimed

313

2. I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge and belief.
3. 4. Payment may please be made in cash/crossed or open bank cheque. As the amount payable is less than rupees one thousand, I shall request you to arrange for payment of the sum due to me by postal money order at the address mentioned above after deducting postal money order commission therefrom. Yours faithfully, Signature/Thumb-impression of applicant nominee.

Place Date Notes.(1) Strike out the words not applicable. (2) Strike out paragraph or paragraphs not applicable.

FORM 'K'

314

Application for Gratuity by a Legal Heir

To, (Give here the name or description of the establishment with full address) Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972, as a legal heir of late (Name of the Employee) who was an employee of your establishment and died on the without making any nomination. The gratuity is payable on account of the death of the aforesaid employee while in service/superannuation of the aforesaid employee on the on the after completion of retirement or resignation of the aforesaid employee years of service/total

disablement of the aforesaid employee due to accident or disease while in service with effect from the Necessary particulars relating to my claim are given in the Statement below:

Statement
1. 2. 3. 4. 5. 6. 7. 8. 9. Name of applicant legal heir Address in full of applicant legal heir Marital status of the applicant legal heir (unmarried/married/widow/widower) Name in full of the employee Relationship of the applicant with the employee Religion of both the applicant and the employee Date of appointment and total period of service of the employee Department/Branch/Section where the employee worked last Post last held by the employee with Ticket or Sl. No., if any

10. Total wages last drawn by the employee 11. Date and cause of termination of service of the employee (death or otherwise) 12. Date of death of the employee and evidence/witness in support thereof 13. Total gratuity payable to the employee 14. Percentage of the gratuity claimed 15. Basis of the claim and evidence/witness in support thereof

315

2. I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge and belief.
3. 4. Payment may please be made in cash/open or crossed bank cheque. As the amount payable is less than Rupees one thousand, I shall request you to arrange for payment of the sum due to me by postal money order at the address mentioned above, after deducting postal money order commission therefrom. Yours faithfully, Signature/Thumb-impression of applicant legal heir. Place: Date: Note.Strike out the words not applicable.

316

FORM 'L'
Notice for Payment of Gratuity
To, (Name and address of the applicant employee/nominee legal heir)

You are hereby informed as required under clause (i) of sub-rule (1) of Rule 8 of the Payment of Gratuity (Central) Rules, 1972 that a sum of Rs. (Rupees ) is payable to you as gratuity/as your share of gratuity in terms of nomination made by recorded in this an employee of this 2. Please call at on for (Here specify place)(date) at collecting your payment in cash/open or crossed cheque. (time) 3. Amount payable shall be sent to you by postal money order at the address given in your application after deducting the postal money order commission, as desired by you, by as a legal heir of establishment. on and

Brief statement of calculation

(1) Total period of service of the employee concerned: (2) Wages last drawn: (3) Proportion of the admissible gratuity payable in terms of nomination/as a legal heir: (4) Amount payable: Place: Date: Signature of the Employer/authorised officer. Name or description of establishment or rubber stamp thereof. years months.

Copy to the Controlling Authority. Note.Strike out the words not applicable.

317

FORM 'M'

Notice Rejecting Claim for Payment of Gratuity

To,

(Name and address of the applicant employee/nominee/legal heir) You are hereby informed as required under clause (ii) of sub-rule (1) of Rule 8 of the Payment of Gratuity (Central) Rules, 1972, that your claim for payments of gratuity as indicated on your application in Form under the said rules is not admissible for the reasons stated below:

Reasons
(Here specify the reasons)

Place: Date:

Signature of the employer/authorised officer. Name or description of establishment or rubber stamp thereof.

Copy to the Controlling Authority. Note.Strike out the words not applicable.

318

FORM N

Application for Direction

Before the Controlling Authority under the Payment of Gratuity Act, 1972 Application BETWEEN (Name in full of the applicant with full address) Date

AND
(Name in full of the employer concerned with full address)

The applicant is an employee of the above-mentioned employer/a nominee of late an employee of the above-mentioned employer/a legal heir of late an employee of the above-mentioned employer, and is entitled to payment of gratuity under Section 4 of the Payment of Gratuity Act, 1972 on account of his own/aforesaid employee's superannuation on /his own retirement/aforesaid employees' resignation on (date) employees' total disablement with effect from aforesaid employee on (date) years of continuous service/his own/aforesaid due to accident/disease death of (date) . after completion of

2. The applicant submitted an application under Rule of the Payment of Gratuity Act, 1972 on the but the above-mentioned employer refused to entertain it/issued a notice dated the under clause of sub-rule of rule offering an amount of gratuity which is less than under clause of sub-

my due/issued a notice dated the rule

319

of rule rejecting my eligibility to payment of gratuity. The duplicate copy of the said notice is enclosed. 3.
4.

The applicant submits that there is a dispute on the matter (specify the dispute).
The applicant furnishes the necessary particulars in the annexure hereto and prays that the Controlling Authority may be pleased to determine the amount of gratuity payable to the petitioner and direct the above-mentioned employer to pay the same to the petitioner.

5. The applicant declares that the particulars furnished in the annexure hereto are true and correct to the best of his knowledge and belief. Date: Signature of the applicant/Thumb impression of the applicant .

ANNEXURE
1. 2. 3. 4. 5. 6. 7. 8. 9. Name in full of applicant with full address Basis of claim (Death/Superannuation/Retirement/Resignation/Disablement of Employee) Name and address in full of the employee Marital status of the employee (unmarried/married/widow/widower) Name and address in full of the employer Department/Branch/Section where the employee was last employed (if known) Post held by the employee with Ticket or Sl. No., if any (if known) Date of appointment of the employee (if known) Date and cause of termination of service of the employee (Superannuation / retirement / resignation / disablement / death)

10. Total period of service by the employee 11. Wages last drawn by the employee 12. If the employee is dead, date and cause thereof 13. Evidence/witness in support of death of the employee 14. If a nominee, No. and date of recording of nomination with the employer 15. Evidence/witness in support of being a legal heir if a legal heir 16. Total gratuity payable to the employee (if known) 17. Percentage of gratuity payable to the applicant as nominee/legal heir 18. Amount of gratuity claimed by the applicant Place: Date: Signature/Thumb-impression of the applicant

320

Note.Strike out the words not applicable. FORM '0' See sub-rule (1) of Rule 11

Notice for Appearance before the Controlling Authority

From: The Controlling Authority under the Payment of Gratuity Act, 1972 To,

(Name and address of the employer/applicant) Whereas Shri an employee under you/a nominee(s)/legal heir(s) of Shri an employee under the above-mentioned employer, has/have filed an application under sub-rule (1) of Rule 10 of the Payment of Gratuity (Central) Rules, 1972 alleging that---(A copy of the said application is enclosed) Now, therefore, you are hereby called upon to appear before me at (place) either personally or through a person duly authorised in this behalf for the purpose of answering all material questions relating to the application on the day of 19 at 'o' clock in the forenoon/afternoon in support of/to answer the allegation; and as the day fixed for your appearance is appointed for final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your allegation/defence. Take notice that in default of your appearance on the day before-mentioned the application will be dismissed/heard and determined in your absence. Given under my hand and seal, this . day of 19

Controlling Authority

Note.Strike out the words and paragraphs not applicable.

321

FORM P See Rule 14

Summons
Before the Controlling Authority under the Payment of Gratuity Act, 1972 To,

(Name and address)

Whereas your attendance is required to give evidence/you are required to produce the documents mentioned in the list below, on behalf of in case arising out of the claim for gratuity by from and referred to this Authority by an application under Section 7 of the Payment of Gratuity Act, 1972. You are hereby summoned to appear personally before this Authority on the day of 19 at the said documents). 'o' clock in the forenoon/afternoon and to bring with you (or to send to this Authority

List of Documents
1. 2. 3. so on Controlling Authority Dated this . day of 19

Notes.(1) The portion not applicable to be deleted.

(2) The summons shall be issued in duplicate. The duplicate is to be signed and returned by the persons served before the date fixed.

322

(3) In case the summons is issued only for producing a document and not to given evidence it will be sufficient compliance to the summons if the documents are caused to be produced before the controlling authority on the day and hour fixed for the purpose.

FORM 'Q Particulars of Application under Section 7

1. 2. 3. 4. 5. 6. 7. 8. 9.

Serial No. Date of the application Name and address of the applicant Name and address of the employer Amount of gratuity claimed Dates of hearing Findings with date Amount awarded Cost, if any, awarded

10. Date of notice issued for payment of gratuity 11. Date of appeal, if any 12. Decision of the appellate authority 13. Date of issue of final notice for payment of gratuity 14. Date of payment of gratuity by employer with mode of payment 15. Date of receipt of application for recovery of gratuity 16. Date of issue of Recovery Certificate 17. Date of recovery 18. Other remarks 19. Signed 20. Date

323

FORM 'R'
Notice for Payment of Gratuity
To,

(Name and address of employer) Whereas Shri/Smt./Kumari of employee (address) under you/a nominee(s)/legal heir(s) of late filed an application under Section 7 of the Payment of Gratuity Act, 1972, before me; And whereas the application was heard in your presence on I have come to the finding that the said Shri/Smt./Kumari is entitled to a payment of Rs. Gratuity Act, 1972; Now, therefore, I hereby direct you to pay the said sum of Rs. to Shri/Smt./Kumari this notice with an intimation thereof to me. Given under my hand and seal, this . day of 19 within thirty days of the receipt of as gratuity under the Payment of and after the hearing an employee under you, an

324

Controlling Authority. Copy to: (Applicant under rule) He is advised to contact the employer for collecting payment.

Note.---The portion not applicable to be deleted.

FORM 'S'
Notice for Payment of Gratuity as Determined by Appellate Authority
To,

(Name and address of employer) Whereas a notice was given to you on Rs. gratuity under the Payment of Gratuity Act, 1972; Whereas you/the applicant went in appeal before the appellate authority, who has decided that an amount of Rs. is due to be paid to Shri/Smt./Kumari as Gratuity due under the Payment of Gratuity Act, 1972; Now, therefore, I hereby direct you to pay the said sum of Rs. to Shri/Smt./Kumari notice with an intimation thereof to me. Given under my hand and seal, this . day of (within 15 days) of the receipt of this to as Form 'R' requiring you to make payment of Shri/Smt./Kumari

19

Controlling Authority. Copy to: 1. The Applicant. He is advised to contact the employer for collecting payment.

325

2.

The Appellate Authority.

Note.-- The portion not applicable to be deleted.

FORM 'T'
Application for Recovery of Gratuity
Before the Controlling Authority under the Payment of Gratuity Act, 1972 Application BETWEEN (Name in full of the applicant with full address) Date

AND
(Name in full of the employer concerned with full address)

1. an

The applicant is an employee of the above-mentioned employer/a nominee of late an employee of the above mentioned employer/a legal heir of late employee of the above-mentioned employer, and you were pleased to direct the said employer in your notice dated the under

Rule

of the

Payment of Gratuity (Central) Rules, 1972, for payment of a sum of Rs. as gratuity payable under the Payment of Gratuity Act, 1972.

326

2.

The applicant submits that the said employer failed to pay the said amount of gratuity to me as directed by you although I approached him for payment. The applicant therefore prays that a certificate may be issued under Section of due to me as gratuity in terms of your direction. Signature/Thumb-impression of applicant. the said Act for recovery of the said sum of Rs.

3.

Place: Date: Note.Strike out the words not applicable.

FORM 'U'
ABSTRACT OF THE ACT AND RULES

1.

Extent the Act.---The Act extends to the whole of India: Provided that in so far as it relates to plantations a ports, it shall not extent to the State of Jammu and Kashmir. Section 1(2).

2.

To whom the Act Applies.--- The Act applies to (a) every factory, mine, oilfield, plantation, port and railway company; (b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or mote persons are employed, or were employed, on any day of the preceding twelve months; and (c) such other establishments a class of establishments, in which, ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf. Section 1(3). Definitions----(a) "Appropriate Government" means (i) in relation to an establishment-(a) belonging to, or under the control of, the Central Government, (b) having branches in more than one State, (c) of a factory belonging to, or under the control of, the Central Government, (d) of a major port, mine, oilfield or railway company, the Central Government,

3.

(ii) in any other case, the State Government. Section 2(a). (b) "Completed year of service" means continuos service for one year. Section 2(b).

327

(c) "Continuos Service" means uninterrupted service and includes service which is interrupted by sickness, accident, leave, lay-off, strike or a lock-out or cessation of work not due to any fault of the employees concerned, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act. Explanation I.---In the cease of an employee who is not in uninterrupted service for one year, he shall be deemed to be in continuous service if he has been actually employed by an employer during the twelve months immediately preceding the year for not less than-(i) 190 days, if employed below the ground in a mine, or Explanation II,---- An employee of a establishment shall be deemed to be in continuos service if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during the year. Section 2(d) (d) Controlling authority means an authority appointed by an appropriate Government under Section 3. Section 2(d). (e) "Family", in relation to an employee, shall be deemed to consist of--(i) in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents and the widow and children, of his predeceased son, if any, (ii) in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and children of her predeceased son, if any: Provided that if a female employee, by a notice in writing to the Controlling Authority, expresses to her desire to exclude her husband from her family, the husband and his dependent parents shall no longer be deemed, for the purposes of this Act, to be included in the family of such female employee unless the said notice is subsequently withdrawn by such female employee. Explanation:-- Where the personal law of an employee permits the adoption by him of a child, any child lawfully adopted by him shall be deemed to be included in his family, and where a child of an employee has been adopted by another person and such adoption is under the personal law of the person making such adoption, lawful, such child shall be deemed to be excluded from the family of the employee. Section 2(h). 4. Nomination.---(1) Each employee, who has completed one year of service, after the commencement of the Payment of Gratuity (Central) Rules, 1972 shall make within thirty days of completion of one year of service, a nomination. Section 6(1) read with Rule 86(I1) (2) If an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family and any nomination made by such employee in favour of a person who is not a member of his family shall be void. Section 6(3). (3) If at the time of making a nomination, the employee has no family, the nomination can be made in favour of any person or persons, but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make within 90 days fresh nomination in favour of one or more members of his family. Section 6(4) read with Rule 6(3). (4) A nomination or a fresh nomination or a notice of modification of nomination shall be signed by the employee or, if illiterate, shall bear his thumb-impression in the presence of two witnesses, who shall also sign a declaration to that effect in the nomination, fresh nomination or notice of modification of nomination as the case may be. Rule 6(5). (ii) 240 days, in any other case, except when he is employed in a seasonal establishment.

328

(5) A nomination may, subject to the provisions of sub-sections (3) and (4) of Section 6, be modified by an employee any time after giving to his employer a written notice of his intention to do so. Section 6(5). (6) A nomination or fresh nomination or notice of modification of nomination shall take effect from the date of receipt of the same by the employer. Rule 6(6). 5. Application for gratuity.---(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply ordinarily within thirty days from the date gratuity becomes payable: Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to such employer before thirty days of the date of superannuation or retirement. Rule 7(1). (2) A nominee of an employee who is eligible for payment of gratuity shall apply, ordinarily within thirty days from the date the gratuity became payable to him, to the employer. Rule 7(2). (3) A legal heir of an employee who is eligible for payment of gratuity shall apply, ordinarily within one year from the date the gratuity became payable to him, to the employer. Rule 7(3). (4) An application for payment of gratuity filed after the expiry of the periods specified above shall also be entertained by the employer if the applicant adduces a sufficient cause for the delay. Rule 7(5). 6. Payment of gratuity.--(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years-(b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement. Disablement means such disablement which incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement. Section 4(1). (2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned: Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account: Provided further that in the case of an employee employed in a seasonal establishment, the employer shall pay the gratuity at the rate of seven days' wages for each season. Section 4(2). (3) The amount of gratuity payable to an employee shall not exceed twenty months wages. Section 4(3). 7. Forfeiture of gratuity.--(1) The gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused. (2) The gratuity payable to an employee shall wholly be forfeited-(a) if the services of such employee have been terminated for his riotous or disorder conduct or of any other act of violence on his part, or (b) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. Section 4(6).

(a) on his superannuation, or

329

8:

Notice of opening, change or closure of the establishment .--(1) A notice shall be submitted by the employer to the controlling authority of the area within thirty days of any change in the name, address, employer or nature of business. Rule 3(2). (2) Where an employer intends to close down the business he shall submit a notice to the controlling authority of the area at least sixty days before the intended closure. Rule 3(3).

9. (i)

Application to Controlling Authority for direction : If an employer--refuses to accept a nomination or to entertain an application for payment of gratuity, or

(ii) issues a notice either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity, or (iii) having received an application for payment of gratuity, fails to issue notice within fifteen days; the claimant employee, nominee, or legal heir, as the case may be, may within ninety days of the occurrence of the occurrence of the cause for the application, apply to the controlling authority for issuing a direction under sub-section (4) of Section 7 with as many extra copies as are the opposite party: Provided that the controlling authority may accept any application on sufficient cause being shown by the applicant, after the expiry of the period of ninety days. Rule 10. 10. Appeal.--- Any person aggrieved by an order of the controlling authority may, within sixty days from the date of the receipt of the order, prefer an appeal to the Regional Labour Commissioner (Central) of the area, who has been appointed as the appellate authority by the Central Government: Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days. Section 7(7). 11 Machinery for enforcement of the Act or Rules in Central sphere:--- All Assistant Labour Commissioners (Central) have been appointed as Controlling Authorities and all the Regional Labour Commissioners (Central) as Appellate Authorities. 12. Powers of the Controlling Authority:--- The Controlling Authority for the purpose of conducting an inquiry as to the amount of gratuity payable to an employee or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, shall have the same powers as are vested in a court, under the Code of Civil Procedure, 1908, in respect of the following matters, namely--(a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; and (d) issuing commissions for the examination of witnesses. Section 7(5). 13. Recovery of gratuity.--If the amount of gratuity payable is not paid by the employer, within the prescribed time to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at the rate of nine per cent per annum, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto. Section 8.

330

14. Protection of gratuity: No gratuity payable under the Payment of Gratuity Act and the rules made thereunder shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. Section 13. 15. Penalties for offences.-(1) Whoever, for the purpose of avoiding any payment to be made by himself or of enabling any other persons to avoid such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 9(1). (2) An employer who contravenes, or makes default in complying with, any of the provisions of the Act or any rule or order made thereunder shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both: Provided that if the offence relates to non-payment of any gratuity payable under the Payment of Gratuity Act, the employer shall be punishable with imprisonment for a term which shall not be less than three months unless the court trying the offence for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition of a fine would meet the ends of justice. Section 9(2). 16. Display of Notice: The employer shall display conspicuously a notice at or near the main entrance of the establishment in bold letters in English and in the language understood by the majority of the employees specifying the name of the Officer with designation authorised by the employer to receive on his behalf notices under the Payment of Gratuity Act or the rules made thereunder. Rule 4. 17. Display of Abstract of the Act and Rules: The employer shall display an abstract of the Payment of Gratuity Act and the rules made thereunder in English and in the language understood by the majority of the employees at a conspicuous place at or near the main entrance of the establishment. Rule 20.

331

Workmen's Compensation Rules FORM A

Deposit of Compensation for fatal accident Section 8(1) of the Workmen's Compensation Act, 1923

1.

Compensation amounting to Rs is hereby presented for deposit in respect of injuries resulting in the death of the workman, Whose particulars are given below, which occurred on .

Name Father's Name (Husband's name in case of married woman and window). Caste Local address Permanent address

His/Her monthly wages are estimated at Rs He/She was over/under the age of 15 years at the time of his/her death. 2. The said workman had, prior to the date of his/her death received the following payments, namely: Rs. Rs. Rs. Amounting in all to Rs. 3. An advance of Rs to 4. being his/her dependant. has been made on account of compensation on on on Rs. Rs. Rs. on on on

*I do not desire to be made a party to the proceedings for distribution of the aforesaid compensation. 19 .

Dated

*An employer desiring to be made a party to the proceeding should strike out the words "do not".

332

Workmen's Compensation Rules FORM AA

Deposit of Compensation for Non-fatal accident to a woman or Person under Legal Disability Section 8(1) of the Workmen's Compensation Act, 1923

1.

Compensation amounting to Rs. presented for deposit in respect of injuries sustained by residing at on wages are estimated at Rs age of 15 years at the time of the accident. 19

is hereby ,

, resulting in the loss of/temporary disablement. His/Her monthly He/She was over/under the

2.

The said injured workman has prior to the date of the deposit received the half-monthly payments, namely: Rs. Rs. Rs. on on on 19 Employer Rs. Rs. Rs. on on on

Dated

333

Workmen's Compensation Rules FORM B

Receipt for Compensation Deposit under Section 8(1) of the Workmen's Compensation Act, 1923

Book No. Depositor Deceased or injured workman Date of Deposit Sum deposited Rs.

Receipt No.

Register No.

19

Commissioner

334

Workmen's Compensation Rules FORM C

Statement of Disbursements Section 8(4) of the Workmen's Compensation Act, 1923

Serial No. Depositor Date Amount deposited Amount deducted and re-paid to the employer under the proviso to Section 8(1). Rs.

Funeral expenses paid Compensation paid to the following dependants: Name Relationship

Total Dated 19 . Commissioner

335

Workmen's Compensation Rules FORM D

Deposit of Compensation for Non-fatal Accidents, other than to a Workman or Person under Legal Disability Section 8(2) of the Workmen's Compensation Act, 1923

Compensation amounting to Rs. presented for deposit in respect of permanent/temporary injuries sustained by residing at which occurred on Dated 19 . 19 .

is

hereby

Employer

Workmen's Compensation Rules

336

FORM E

Receipt for Compensation Deposit under Section 8(2) of the Workmen's Compensation Act, 1923 Book No. Depositor In favour of Date of deposit Sum deposited Rs. 19 . Receipt No. Register No.

Commissioner

Workmen's Compensation Rules

337

FORM EE

Report of Fatal Accidents To

Sir, 1. I at (here enter details of premises) and which resulted in the death of the workman/workmen of whose particulars are given in the statement annexed. 2. The circumstances attending the death of the workman/workmen were as under: (a) (b) (c) (d) (e) Time of the accident. Place where the accident occurred. Manner in which deceased was/were employed at the time. Cause of the accident. Any other relevant particulars. I etc. Signature and designation of person making the report STATEMENT Name Sex Age Nature of employment Full postal address have have the honour to submit the following report (dated), of an accident which occurred on

338

Workmen's Compensation Rules FORM F

Application for Compensation by Workman

To Commissioner for Workmen's Compensation, , residing ant Versus residing at party. It is hereby submitted that-(1) the applicant, a workman employed by (as contractor with) the opposite party on the day of course of his employment. 19 , received personal injury by accident arising out of and in the , opposite at ,applic

The cause of the injury was (here insert briefly in ordinary language the cause of the injury )

(2) The applicant sustained the following injuries, namely:

(3) The monthly wages of the applicant amounts to Rs. The applicant is over/under the age of 15 years. *(4) (a) Notice of the accident was served on the (b) Notice was served as soon as practicable. (c) Notice of the accident was not served (in due time) by reason of (5) The applicant is accordingly entitled to receive-(a) Half-monthly payment of Rs from the day of (b) a lump sum payment of Rs. (6) The applicant has taken the following steps to secure a settlement by agreement, namely 19 , to day of

339

but it has proved impossible to settle the questions in dispute because *You are therefore, requested to determine the following questions in dispute, namely-(a) whether (b) whether (c) whether (d) whether (e) etc. the the the the applicant accident amount opposite is out a of workman or in within the is pay the of or meaning the any of the Act;

arose of

course due, such

applicant's part of

employment; that amount; is due;

compensation party (as is

claimed to

liable

compensation

as

required).

Dated Applicant

19

*Strike out the clauses, which are not applicable.

340

Workmen's Compensation Rules FORM G

Application for order to deposit compensation

To Commissioner for Workmen's Compensation, , residing ant Versus residing at party. It is hereby submitted that -(1) (a contractor with) the opposite party on the , on the day of ......................19 ......................... ,a workman employed by day of 19 , opposite at ,applic

received personal injury by accident arising out of and in the course of his employment resulting in his death The cause of the injury was (here insert brief in ordinary language the cause of the injury ) (2) The applicant(s) is a/are dependant(s) of the deceased workman being his (3) The monthly wages of the deceased amount to Rs. The deceased was over/under the age of 15 years at the time of his death. *(4) (a) Notice of the accident was served on the (b) Notice was served as soon as practicable. (c) Notice of the accident was not served (in due time) by reason of (5) The deceased before his death received as compensation the total sum of Rs. The applicant(s) is/are accordingly entitled to receive a lump sum payment of Rs. day of

341

You are, therefore, requested to award to the applicant the said compensation or any other compensation to which he may be entitled. Dated 19 Applicant * Strike out the clauses, which are not applicable.

342

Workmen's Compensation Rules FORM H

Application for commutation Under Section 7 of the Workmen's Compensation Act, 1923

To Commissioner for Workmen's Compensation, , residing ant Versus residing at party. It is hereby submitted that-(1) The applicant/opposite party has been in receipt of half-monthly payments from to his employment. in respect of temporary disablement by accident arising out of and in the course of , opposite at ,applic

(2) The applicant is desirous that the right to receive half-monthly payments should be redeemed. (3) (a) The opposite party is unwilling to agree to the redemption of the right to receive half-monthly payments. (b) The parties have been unable to agree regarding the sum for which the right to receive half-monthly payments should be redeemed.

You are, therefore, requested to pass order (a) directing that the right to receive half-monthly payments should be redeemed; (b) fixing a sum for the redemption of the right to receive half-monthly payments.

Dated

19 Applicant

343

Workmen's Compensation Rules FORM J

Notice Whereas a applicant, claim for compensation has been made by

against and the said ,has claimed that you are liable under Section 12(2) of the Workmen's Compensation Act, 1923, to indemnify him against any compensation which he may be liable to pay in respect of the aforesaid claim, you are hereby informed that you may appear before me on and contest the claim for compensation made by the said applicant or the claim for indemnity made by the opposite party. In default of your appearance you will be deemed to admit the validity of any award made against the opposite party and your liability to indemnify the opposite party for any compensation recovered from him. Dated 19 Commissioner

344

345

Workmen's Compensation Rules FORM JJ

Notice Whereas a claim for compensation has been made by against applicant,

and the said has claimed that is liable under Section 12(2) of the Workmen's Compensation Act, 1923, to indemnify him against any compensation which he may be liable to pay in respect of the aforesaid claim, and whereas the said you applicant on notice served has claimed that stand to him in the relation of a contractor from whom the could have recovered compensation you are hereby ,and contest the claim for compensation

informed that you may appear before me on made by the said applicant or the claim for indemnity made by the opposite party

In default of your appearance you will be deemed to admit the validity of any award made against the opposite party , and your liability to indemnify the opposite party Dated 19 Commissioner. for any compensation recovered from him.

346

Workmen's Compensation Rules FORM K

Memorandum of Agreement It is hereby submitted that on the to residing at day of 19 personal injury was caused

by accident arising out of and in the course of employment in . The said injury has resulted in temporary disablement to the said workman whereby it is estimated that he will be prevented from earning more than of his previous/any wage for a period of day of 19 amounting to Rs. 19 until the months. The said day of in all. The said workmans . The workman is over . , the employer of the said workman has workman has been in receipt of half-monthly payments which have continued from the

monthly wages are estimated at Rs. the age of 15 years/will reach the age of 15 years on It is further submitted that agreed to pay, and the said workman has agreed to accept, the sum of Rs.

in full settlement of all and every claim under the Workmen's Compensation Act, 1923, in respect of all disablement of a temporary nature arising out of the said accident, whether now or hereafter to become manifest. It is, therefore, requested that this memorandum be duly recorded. Dated Signature of employer Witness Signature of workman Witness Note:-- An application to register an agreement can be presented under the signature of one party, provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible. Receipt (to be filled in when the money has actually been paid ). In accordance with the above agreement, I have this day received the sum of Rs. 19

Workman

Dated

19

The money has been paid and this receipt signed in my presence. Witness Note.This form may be varied to suit special cases, e.g., injury by occupational disease, agreement when workman is under legal disability, etc.

347

Workmen's Compensation Rules FORM L

Memorandum of Agreement It is hereby submitted that on the injury was caused to , day of personal residing at . . . on on on 19

by accident arising out of and in the course of his employment in The said injury has resulted in permanent disablement to the said workman of the following nature, namely: The said workman's monthly wages are estimated at Rs. The workman is over the age of 15 years/will reach the age of 15 years The said workman has, prior to the date of this agreement, received the following payments namely: Rs. Rs. Rs. on on on Rs. Rs. Rs.

It is further submitted that , the employer of the said workman had agreed to pay, and the said workman has agreed to accept the sum of Rs. in full settlement of all and every claim under the Workmen's Compensation Act, 1923, in respect of the disablement stated above and all disablement now manifest. It is, therefore, requested that this memorandum be duly recorded. Dated Signature of employer Witness Signature of workman Witness Note:-- An application to register an agreement can be presented under the signature of one party, provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible. Receipt (to be filled in when the money has actually been paid ). In accordance with the above agreement, I have this day received the sum of Rs. 19

Workman

Dated

19 Witness

The money has been paid and this receipt signed in my presence.

Note.This form may be varied to suit special cases, e.g., injury by occupational disease, agreement when workman is under legal disability, etc.

348

349

Workmen's Compensation Rules FORM M Memorandum of Agreement

It is hereby submitted that on the personal injury was caused to employment in per month/no wages. The said workman's monthly wages prior to the accident are estimated at Rs. . The Workman is subject to a legal disability by reason of It's is further submitted that agreed to pay and the employer of the workman has on behalf of the said workman has agreed to accept day of , residing at by accident arising out of and in the course of . The said injury has resulted in temporary 19

disablement to the said workman, who is at present in receipt of wages amounting to Rs.

half-monthly payments at the rate of Rs. for the period of the said temporary disablement. This agreement is subject to the condition that the amount of the half-monthly payments may be varied in accordance with the provisions of the said Act on account of an alteration in the earnings of the said workman during disablement. It is further stipulated that all rights of commutation under Section 7 of the said Act are unaffected by this agreement. It is, therefore, requested that this memorandum be duly recorded. Dated Signature of employer Witness Signature of workman Witness Note:-- An application to register an agreement can be presented under the signature of one party, provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible. Receipt (to be filled in when the money has actually been paid ). In accordance with the above agreement, I have this day received the sum of Rs. 19

Workman

Dated

19

The money has been paid and this receipt signed in my presence. Witness

350

Note.This form may be varied to suit special cases, e.g., injury by occupational disease, etc.

Workmen's Compensation Rules FORM N

Whereas an agreement to pay compensation is said to have been reached between and has/have and whereas

applied for registration of the agreement under Section 28 of the Workmen's Compensation Act, 1923, notice is hereby given that the said agreement will be taken into consideration on 19 , and that any objection to the registration of the said agreement should be made on that date. In the absence of valid objections it is my intention to proceed with registration of the agreement. Dated 19 Commissioner.

351

Workmen's Compensation Rules FORM O

Take notice that registration of the agreement to pay compensation is said to have been reached between you and on the 19 , has been refused for the following reasons, namely:

Dated

19 Commissioner

352

Workmen's Compensation Rules FORM P

Whereas an agreement to pay compensation is said to have been reached between and has/have applied for registration of the agreement under Section 28 of the Workmen's Compensation Act, 1923, and whereas it appears to me that the said agreement ought not to be registered for the following reasons, namely: an opportunity will be afforded to you of showing of cause on 19 , why the said agreement should be registered. If no adequate cause is shown on that date, registration of the agreement will be refused. Dated 19 Commissioner and whereas ,

353

Workmen's Compensation Rules FORM Q

Whereas an agreement to pay compensation is said to have been reached between and has/have applied for registration of the agreement under Section 28 of the Workmen's Compensation Act, 1923, and whereas it appears to me that the said agreement ought not to be registered for the following reasons, namely: an opportunity will be afforded to the said , showing of cause on 19 , why the said agreement should be registered. Any representation which you have to make with regard to the said agreement should be made on that date. If no adequate cause is then shown, the agreement may be registered. Dated 19 Commissioner and whereas ,

354

Workmen's Compensation Rules FORM R

Register of Agreements for the year 19

Sl. No.

Date of agreement

Date of Registratio n

Employer

Workman

Initials of Commissioner

Reference to orders rectifying the register

355

Child Labour (Prohibition and Regulation) Rules FORM A

Year Name and address of employer Place of work Nature of work being done by the establishment Sl. No.

Name of Child

Fathers Name

Date of Birth

Permanent Address

Date of Joining the establishment 6

Nature of work on which employed 7

Daily hours of work 8

Intervals of rest 9

Wages paid

Remarks 10 11

356

Child Labour (Prohibition and Regulation) Rules FORM B (Certificate of Age)

Certificate No. I hereby certify that I have personally examined (Name) son/daughter of year and his/her age, as nearly as can be residing at and that he/she has completed his/her fourteenth ascertained years from my examination, is

(completed). His/her descriptive marks are Thumb-impression/Signature of child

Medical Authority Designation Place Date

357

Industrial Employment (Standing Orders) Central Rules FORM I

Dated . To The Certifying Officer Vide Notification No. L.R. 11 (98), dated 25th July, 1953 (Area)/(Place) Sir,

19

Under the provisions of Section 3 of the Industrial Employment (Standing Orders) Act, 1946, I enclose five copies of the draft Standing Orders proposed by me for adoption in (Name) (Postal Address) an industrial establishment owned/controlled by me, with the request that these orders may be certified under the term of the Act. I also enclose a statement giving the particulars prescribed in Rule 5 of the Industrial Employment (Standing Order) Central Rules, 1946. I am, etc. (Signature) Employer/Manager (Place)

358

359

Industrial Employment (Standing Orders) Central Rules FORM II

Office of the Certifying Officer for Dated the .

area/place 19

I,

Certifying areas

Officer,

forward here with a copy of the draft Standing Orders proposed by the employer for adoption in the industrial establishment and submitted to me for certification under the Industrial Employment (Standing Orders) Act, 1946. Any objection which the workmen may desire to make to the draft Standing Orders should be submitted to me within fifteen days from the receipt of this notice. (Certifying Officer)

To The Secretary Union

Name Representative elected under Rule 6 Occupation Industrial establishment

360

Industrial Employment (Standing Orders) Central Rules FORM III

Register

Part I Industrial Establishment

Sl. No.
Date of the despatch of the copy of standing orders authenticated under Section 5 for the first time

Date of filing appeal

Date and nature of decision

Amendment made on appeal, if any

Date of the despatch of the copy of the standing orders as settled on appeal

Any notice subsequently given or received of any amendment

Results

PART II (Should contain the authenticated copy of the Standing Orders)

361

Industrial Employment (Standing Orders) Central Rules FORM IV

(To be furnished in respect of each clause appealed against, separately) (1) Draft of the Standing Order under appeal as submitted by the employers. (2) Objection made/modification suggested, if any, to the Draft Standing Order under appeal, by the Trade Union/Representatives of workmen. (3) Standing order under appeal, as certified by the Certifying Officers. (4) Grounds of appeal by the employers/trade union/workmen's representatives.

362

Industrial Employment (Standing Orders) Central Rules FORM IV-A

Notice of discontinuance/restarting of a shift working to be given by the/an employer Name of employer Address Dated the . day of 19

In accordance with Standing Order No. of the Standing Orders certified and approved in respect of my/our industrial establishment. I/we hereby give notice to all concerned that it is my/our intention to discontinue/restart the shift working specified in the Annexure with effect from Signature Designation

Annexure (Here specify the particulars of change in the shift working proposed to be effected). Copy forwarded to:-(1) The Secretary of registered trade union, if any. (2) The Assistant Labour Commissioner (Central)/Labour Employment Officer (Here enter office address of the Assistant Labour Commissioner (Central)/Labour Employment Officer in the local area concerned).

(3) The Regional Labour Commissioner (Central) Zone. The Chief Labour Commissioner (Central), New Delhi.

363

Industrial Employment (Standing Orders) Central Rules FORM V

Service Card Name of Estt./Factory/ Ticket/Token No. 1. Register Serial No. 2. Name 3. Specimen Signature/Thumb-Impression 4. Father's or Husband's Name 5. Sex 6. Religion 7. Date of Birth 8. Place of Birth 9. Date of joining 10. Details of Medical Certificate at the time of joining 11. Educational and other qualifications 12. Can Read 13. Can write 14. Can Speak 15. Height 16. Identification Marks 17. Category of Workman 18. Department 19. Details of family members 20. Permanent Address 21. Local Address 22. Quarter No. 23. Life Insurance Policy No. 24. Provident Fund Account No. 25. Nominee for Gratuity 26. Nominee for pension, if any 27. Employees State Insurance No. 28. Training courses attended (details)

364

29. (Eligibility for higher jobs) 30. Proficiency tests passed. 31. EMPLOYMENT HISTORY Department 1 Token No. 2 Designation 3 Scale of Pay 4 Joined 5 Left (Reason) 6

32. ABSENCE PERIODS From To Reason Medical reports regarding Suitability for continued employment

(i) (ii) (iii)

Sick Leave Earned Leave Any other leave

33. Maternity Benefit 34. Workmen's Compensation Details of accidents: 35. Details of Disciplinary Action 36. Promotions:-(i) Details (ii) Awards (iii) Issue of Certificate of commendation 37. Date of superannuation 38. Any other matter.

365

SHOPPS AND ESTABLISHMENTS Form A REGISTER OF SHOPPS AND ESTABLISHMENTS

Part I-Shops. Part II-Commercial Establishments. Part III-Residential Hotels, Restaurants, eating Houses and cafes. Part IV-Theatres, Cinemas and other places of public entertainment of amusement. 1. Serial No. 2. Registration Certificate No. and date of Registration. 3. Name of the Shop/Establishment, if any. 4. Name of the shop-keeper/employer with residential address. 5. Name of the Manager/ Person- in- Charge, if any, with residential addresses. 6. Postal address and exact location of the shop/establishment. 7. Exact location of office, store-room, godown, warehouse or workplace if any attached to a shop but situated in premises different from those of the shop. 8. Date of commencement of business. 9. Nature of business. 10. Number of employees. a) Number of members of owners family who are not persons employed, within the meaning of section 2(10)i. Adult men, ii. Women, iii. Young Persons, b) Number of other persons of categories mentioned in section 4 (2) (b)i. Adult men, ii. Women, iii. Young Persons, c) Total number of employees (including sub-columns (a) and(b)i. Adult men, ii. Women, iii. Young Persons, d) Grand to total of (a), (b) and (c). 11. 12. 13. 14. 15. Date of Inspection in connection with the registration. Date of renewal. Fees paid. Weekly closing days in the case of a shop or a commercial establishment. Remarks.

366

FORM B
Part 1 APPLICATION FOR REGISTRATION Space for Stamp To The Registering Authority, Shops and Establishments. Address: Sir, I beg to apply for registration of my shop/establishment under the West Bengal Shops and Establishment Act, 1963. Particulars about the shop/establishment are furnished in the statement below. Revenue stamps worth are affixed with this application as the required fee for registration. STATEMENT 1. Name of shops /establishment, if any 2. Postal address and exact location of shops/establishment 3. Exact location of office,storeroom, godown,warehouse, or work place, if any attached to shop but situated in premises different from those of shop/establishment. 4. Name of the shopkeeper/employer. 5. Residential address of shopkeeper/employer. 6. Name of manager and his residential address. 7. Names of the partners and their residential addresses (if partnership concern) 8. Names and addresses of the directors (if a limited company) 9. Category of establishment, i.e whether a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, cinema or other place of public amusement or entertainment. 10. Nature of business 11. Date of commencement of business. 12. Name of members of owners family employed in the shops/establishment who live with the owner and are dependent on him/her. Relationship Adults Young persons Males Females

. Total

13. Names of other person employedi. In managerial or confidential capacity. ii. As a traveler, canvasser, messenger, watchman or caretaker iii. Exclusively in connection with customers, examination collection, dispatch, delivery or conveyance of goods from or to booking offices for transport by rail road or air, docks, wharves or airports (indicate sex and age in case of young persons) 14. Total number of employeesAdults Males Females Young persons Total

367

Total: 15. Declaration of weekly closing days (in case of a shop or commercial establishment). I hereby declare that the above information is true to the best of my knowledge and belief. Date: Yours faithfully. Signature of the shopkeeper/employer. Part II (To be filled in by officer of the registering authority under the West Bengal Shops & Establishment Act, 1963) Registering Certificate It is hereby certified that the has registered as .under the West Bengal Shops& Establishment Act, 1963 this.. of .. 19and the registration No is .. Seal Change notified in form has been registered. Signature of the Registering Authority Date.. 1, Renewal up to 2. Renewal up to 3. Renewal up to Registration No. Registration No. Registration No. Signature of the registering authority

368

Form C
NOTICE OF CHANGES Space for Stamp

Name of the shop/establishment already registered. Name of the shopkeeper/employer... Registration certificate No Address. Dated theday of ..19.. To The Registering Authority, Shops & Establishment. Address: Notice is hereby given that the following change has taken place in respect of information forwarded to you in Form B, which please note, The registration certificate is enclosed for amendment.

(2) Revenue stamps worth are affixed to this notice as the required fee. Changes

Signature of the shop-keeper/employer. Note: This notice shll be accompanied by the registration certificate together with such fees as are specified in Schedule II.

369

FORM D APPLICATION FOR RENEWAL OF REGISTRATION Space for Stamp

To The Registering Authority, shops and Establishments. Address: Sir, I beg to apply for renewal of my certificate of registration number.. Which is enclosed. Particulars about the shop/establishment are furnished in the statement below. 2. Revenue stamps worth.are affixed with this application as renewal fee.

Signature of the shop-keeper/employer on each date. STATEMENT 1. Name of shops /establishment, if any 2. Postal address and exact location of shops/establishment. 3. Previous registration certificate no. .. 4. Period for which renewal is required. 5. Exact location of office, store-room, godown, warehouse or workplace if any attached to a shop but situated in premises different from those of the shop/establishment 6. Name of shopkeeper/employer 7. Residential address of shop-keeper/employer 8. Name of Manager, if any, and his residential address. 9. Name of partner and their residential addresses (if a partnership concern) 10. Name and residential address of directors (if a limited company) 11. Category of establishment. i.e, whether a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, cinema or other place of public amusement or entertainment. 12. Nature of business 13. Date of commencement of business 14. names of members of owners family, employed in the shop/establishment who lives with the owner and are dependent on him/her. Relationship Adults Young persons Males Females Total:

370

15. Names of other persons employedi. In a managerial or confidential capacity: ii. As a traveler, canvasser, messenger, watchman or caretaker: and dispatch, delivery or conveyance of goods from or to booking offices for transport by rail, road or air, docks, wharves or airports (indicate sex and age in case of young persons). 16. Total number of employeesAdults Young persons Males Females Total: 17. Declaration of weekly closing days (in the case of a shop or commercial establishment). I hereby declare that the above information is true to the best of my knowledge and belief. Dated: Yours faithfully, Signature of shop-keeper/employer Note: 1. item 5 should be filed only when the office, store-room, etc, are not separately registered under the Act. In respect of such store rooms, etc., not separately registered, particulars required under items 14, 15, 16 should be given separately for each office, store room, etc. 2. If any item is not applicable please enter Not applicable. Total

371

Form E
Notice of Winding up of Business

Stamp

To The Registering Authority, Shops and Establishments Address: Sir, Please take notice that I am winding up my business, Registration Certificate No.. is surrendered herewith. The reasons for closure and other details are given below: 1. Name of Shop/establishment 2. name of shop-keeper/employer 3. address 4. Number of employees affected 5. Reasons for winding up

Dated: Yours faithfully, Signature of shop-keeper/employer

372

Form F
Notice of Loss of Registration Certificate Name of Shop/establishment Address Registration No. To The Registering Authority under the Shops & Establishment Act, 1963. Sir, This is to inform you that the registration certificate of this shop/establishment has been lost/destroyed/defacted due to (here specify the reasons or circumstances). Please issue a duplicte certificate. Revenue stamps worth . Are affixed to this application as the required fee. Dated: Yours faithfully, Signature of shop-keeper/employer

373

Form G Notice of Weekly Closure

To be displayed in a conspicuous place Name of Shop/Establishment, if any Name of Owner-in-charge of Shop/Establishment.. Address in full.. .. .. Registration No. Until further Notice this shop/establishment shall remain entirely closed and closed for Half Day each week as noted below. Full Day Half Day...

From. To The days to be mentioned here

Signature Shop-Keeper/Employer-in-charge/Manager Copy forwarded for information to: (i) The Chief Inspector, Shops and Establishments, West Bengal (ii) The Inspector.(Specify Area).

374

Form H
Notice of Weekly Holidays To be displayed in a conspicuous place Name of shop/establishment Address Registration No. The persons employed in the shop/residential hostel/restaurant/eating house/theatre/cinema house/other place of public entertainment or amusement shall be given the weekly holidays of a day and half on the days specified below in the week following the date of this notice and until further notice. Name of Employees Day on which full holiday is allowed Day on which half holiday is allowed

From

To

375

Contract Labour (Regulation & Abolition) Central Rules FORM I

Application for Registration of Establishments Employing Contract Labour

1. 2. 3. 4. 5. 6.

Name and location of the Establishment Postal address of the Establishment Full name and address of the principal Employer (Furnish fathers name in the case of individuals) Full name and address of the manager or person responsible for the supervision and control of the Establishment Nature of work carried on in the Establishment Particulars of Contractors and Contract labour: (a) Names and addresses of Contractors (b) Nature of work in which contract labour is employed, or is to be employed (c) Maximum numbers of contract labour is employed on any day through each contractor (cc) Estimated date of commencement of each contract work under each contractor. (d) Estimated date of termination of employment or contract labour and under each contractor

7.

Particulars of demand draft enclosed (Name of the Union Bank, amount, demand draft No. and date);

I hereby declare that the particulars given above are true to the best of my knowledge and belief.

Principal Employer Seal and Stamp.

Office of the Registering Officer. Date of receipt of application.

376

Contract Labour (Regulation & Abolition) Central Rules FORM II

Certificate of Registration No Government of India Office of the Registering Officer A certificate of Registration containing the following particulars is hereby granted under sub-section (2) of Sections 7of the Contract Labour (Regulation and Abolition) Act, 1970, and the rules made thereunder, to 1. 2. 3. 4. 5. Nature of work carried on in the establishment Nature and addresses of contractors Nature of work in which contract labour is employed or is to be employed Maximum number of Contract Labour to be employed on any day through each contractor Other particulars relevant to the employment of Contract Labour Signature of Registering Officer with seal. Date

377

Contract Labour (Regulation & Abolition) Central Rules FORM III

Registration of Establishments Sl. No. Registration No. and date Name and address of the establishment registered Name of the Principal Employer and his address 4 Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment 5 Total number of workmen directly employed 6

Particulars of Contractor and Contract Labour Name and address of contractor Nature of work in which contract labour is to be employed 8 Maximum number of Contract Labour to be employed on any day 9 Probable duration of employment of Contract Labour 10 Remarks

11

378

Contract Labour (Regulation & Abolition) Central Rules

FORM IV
Application for Licence 1. 2. 3. Name and address of the contractor (including his fathers name in case of individuals) Date of birth and age (in case of individuals) Particulars of establishment where Contract Labour is to be employed : (a) Name and address of the establishment;

(b) Type of business, trade, industry, manufacture or occupation which is carried on in the establishment; and employed in the establishment on any date of the preceding 5 years if so, give details;

(c) Number and date of Certificate of Registration of the establishment under the Act;

(d) Name and address of the Principal Employer. . 4. Particulars of contract labour: (a) Nature of work in which contract labour is employed or is to be employed in the Establishment; (b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending); (c) Name and address of the Agent or Manger or Contractor at the work-site; (d) Maximum number of contract labour proposed to be employed in the establishment on any date;

5. 6. 7. 8. 9.

Whether the contractor was convicted of any offence within the preceding five years? If so, give details. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract. If so, the date of such order. Whether the contractor has worked in any other establishment within the past five years. If so, give details of the Principal Employer, Establishments, and nature of work. Whether a certificate by the Principal Employer, in Form V is enclosed Amount of licence fee----name of the Union Bank, demand draft No. and date.

10. Particulars of security deposit, if any, required to be adjusted, including Treasury Receipt number and date. The amount of security or balance, if any, after adjustment of amount to be refunded under Rule 31, if any, deposited with Treasury Receipt number and date.

379

Declaration.-- I hereby declare that the details given above are correct to the best of my knowledge and belief. Place: Date: Signature of applicant (Contractor)

Note.--The application should be accompanied by a Treasury Receipt for the appropriate amount and a certificate in Form V from the Principal Employer (To be filled in the Office of the Licensing Officer). Date of receipt of the application with challan for fees /Security Deposit. Signature of Licensing Officer.

380

Contract Labour (Regulation & Abolition) Central Rules FORM V

From of Certificate by Principal Employer Certified that I have engaged the applicant (name of the contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971,in so far as the provisions are applicable to me in respect of the employment of Contract Labour by the applicant in my establishment.

Place Date

Signature of Principal Employer Name and address of Establishment

381

Contract Labour (Regulation & Abolition) Central Rules FORM V-A

Application for Adjustment of Security Deposit Name and address of the Contractor 1 No. and date of licence 2 Date of expiry of previous licence 3

Whether the licence of the contractor was suspended or revoked 4

No. and date of the demand draft of security deposit in respective of the previous licence 5

Amount of previous security deposit 6

No. and date of the demand draft of the balance security deposit, if any, 7

No. and date of certificate of registration of the establishment in relation to which the new licence is applied for 8

Name and address of the principal employer

Particulars of fresh contract 10

Remark 11

Place: Date: Signature of the Applicant

382

Contract Labour (Regulation & Abolition) Central Rules FORM VI

Government of India Office of the Licensing Officer Licence No Dated LICENCE 1. Licence is hereby granted to under Section 12(1) of the Contract Labour (Regulation and Abolition) Act, 1970, subject to the conditions specified in Annexure. 2. This Licence is for doing the work of (name of principal employer to be indicated) at (place of work to be indicated). 3. Date The licence shall remain in force till (date to be indicated). Signature and Seal of the Licensing Officer. RENEWAL (Rule 29) Date of Renewal 1. 2. 3. Fee paid for renewal Date of expiry (nature of work to be indicated) in the establishment of Fee paid Rs.

Date

Signature and Seal of Licensing Officer.

ANNEXURE The licence is subject to the following conditions: (1) (2) The licence shall be non-transferable. The number of workmen employed as contract labour in the establishment shall not on any day exceed

383

(3) (4)

Except as provided in the rules, the fees paid for the grant, or as the case may be, for renewal of the licence shall be non-refundable. The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for in the Schedule of employment under the Minimum Wages Act, 1948, where applicable and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed.

(5)

In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work.: provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Deputy Labour Commissioner (Central), whose decision shall

be final. (6) In other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Chief Labour Commissioner, (central) (7) In every establishment where 20 or more women are ordinarily employed as contract labour, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years, One of such rooms would be used as a play-room for the children and the other as bed-room for the children. For this purpose the contractor shall supply adequate number of toys and games in the play-room and sufficient number of cots and beddings in the sleeping-room. The standard of construction and maintenance of the creches may be such as may be specified in this behalf by the Deputy Labour Commissioner, (Central). (8) (9) The licensee shall notify any change in the number of workmen or the conditions of work to the A copy of licence shall be displayed prominently at the premises where the contract work is being Licensing Officer. carried on. (10) The licensee shall within 15 days of the commencement and completion of each contract work submit a return to the Inspector appointed under Section 28 of the Act intimating the actual date of commencement, or as the case may be, completion of such contract work in Form VI-A.

384

Contract Labour (Regulation & Abolition) Central Rules FORM VI-A

Notice of commencement/completion of contract work I / We/ Shri / M/s contractor), hereby intimate that the contract work (Name of work) in the establishment of (name and address of Principal Employer) for which licence No. dated (name of the head-quarter), commenced / completed with effect from has been issued to me / us by the Licensing Officer has been (date) / on (date). Signature of Contractor(s). To The Inspector (Name and address of the

385

Contract Labour (Regulation & Abolition) Central Rules FORM VI-B

Notice of commencement/completion of contract work

(1) Name (2) No.

of and

the date

principal of

employer certificate of

and

address Registration (Name of

(3) I/We hereby intimate that the contract work work) given to (name and address to the contractor) having licence No has been commenced/completed with effect from (date). dated (date)/on

Signature of Contractor(s) To, The Inspector,

386

Contract Labour (Regulation & Abolition) Central Rules FORM VII

See Rule 29(2) Application for Renewal of Licence

1.

Name

and

address

of

the

contractor.

2. 3. 4. 5.

Number Date Whether of the

and expiry licence of

date of the

of the contractor was

the previous suspended

licence. licence. or revoked.

Name of the Bank, number and date of the demand draft enclosed. Date of receipt of the application with demand draft number and date.

Place Date

Signature of the Applicant

(To be filled in the Office of the Licensing Officer)

Date of receipt of the application with Treasury Receipt No. and date. Signature of the Licensing Officer

387

Contract Labour (Regulation & Abolition) Central Rules FORM VIII

Application for Temporary Registration of Establishment Employing Contract Labour

1. 2. 3.

Name and location of the establishment. Postal address of the establishment. Full name and address of the Principal Employer (furnish fathers name in the case of individuals).

4.

Full name and address of the Manager or person responsible for the supervision and control of the establishment.

5. 6. (a)

Nature of work carried on in the establishment. Particulars of contract labour : Nature of work in which contract labour is to be employed and reasons for urgency.

(b) (c) 7.

Maximum Estimated

number date

of of

contract termination

labour of

to

be

employed of

on contract

any

day. labour.

employment

Particulars of demand draft enclosed (name of the Union Bank, demand draft No. and date).

I hereby declare that the particulars given above are true to the best of my knowledge and belief. Principal Employer Seal and Stamp

Time and date of receipt of application with Treasury Receipt Officer of the Registering Officer

388

Contract Labour (Regulation & Abolition) Central Rules FORM IX

Temporary Certificate of Registration Date of Expiry No. Date GOVERNMENT OF INDIA Office of the Registering Officer A Temporary Certificate of Registration containing the following particulars is hereby granted under sub-section (2) of Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970 and the rules made thereunder, to valid from 1. 2. 3. 4. to Nature of work carried on in the establishment. Nature of work in which Contract Labour is to be employed. Maximum number of Contract Labour to be employed on any day. Other particulars relevant to the employment of Contract Labour.

Signature of Registering Officer with Seal

389

Contract Labour (Regulation & Abolition) Central Rules FORM X

Application for Temporary Licence 1. Name and address of the contractor (including his fathers name in case of individuals).

2. 3. (a) (b) (c) 4.

Date

of

birth

and

age

(in

case

of

Individuals).

Particulars of Establishment where Contract Labour is to be employed Name and address of the Establishment. Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment. Name and address of the Principal Employer. Particulars of Contract Labour

(a) Nature of work in which Contract Labour is to be employed in the establishment. (b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending). (c) Name and address of the Agent or Manager of Contractor at the work-site. (d) Maximum number of Contract Labour proposed to be employed in the establishment on any day. 5. Whether the contractor was convicted of any office within the preceding five years. If so, give details.

6.

Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract. If so, the date of such order. Whether the contractor has worked in any other establishment within the past five years. If so, give details of the Principal Employer, Establishments and nature of work.

7.

8.

Amount

of

licence

fee

paid-name

of

the

Union

Bank,

demand

draft

No.

and

date.

9.

Amount of security depositname of the Union Bank, demand draft No. and date. Date of the receipt of the application with demand draft for fees/security deposits.

Place

Signature of the Applicant

390

Date

(Contractor)

391

(To be filled in the Office of the Licensing Officer) Date of receipt of the application with challan for fees Security Deposit

Signature of the Licensing Officer

392

Contract Labour (Regulation & Abolition) Central Rules FORM XI

Government of India OFFICE OF THE LICENSING OFFICER Licence No. Dated Fee Paid Rs. Signature of the Licensing Officer Expires on Temporary Licence Licence is hereby granted to under Section 12(2) of the Contract Labour (Regulation and Abolition) Act, 1970, subject to the conditions specified in Annexure. The Licence shall remain in force till Date Signature and Seal of the Licensing Officer ANNEXURE The Licence is subject to the following conditions:-(1) (2) The licence shall be non-transferable. The number of workmen employed as Contract Labour in the establishment shall not, on any day, exceed Except as provided in the rules the fees paid for the grant of the licence shall be non-refundable. The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Schedule of employment under the Minimum Wages Act, 1948, where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed. In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work; Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Deputy Labour Commissioner (Central), whose decision shall be final. In other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Deputy Labour Commissioner (Central). A copy of the licence shall be displayed prominently at the premises where the contract work is being carried on.

(3) (4)

(5)

(6) (7)

393

Contract Labour (Regulation & Abolition) Central Rules FORM XII

Register of Contractors

1. 2.

Name and address of the Principal Employer Name and address of the establishment

Name and address of contractor Sl no

Nature of work on contract

Location of contract work

Period of contract Fr o m To

Maximum No. of workmen employed by contractor

Place Date Signature of the Licensing Officer

Contract Labour (Regulation & Abolition) Central Rules

394

FORM XIII

Register of Workmen Employed by Contractor

Name and address of Contractor Nature and location of work Name and address of establishment in/under which contract is carried on Name and address of Principal Employer

Sl. No. 1

Name and surname of workman 2

Age and Sex 3

Fathers / Husbands name 4

Nature of Employment/Designatio n 5

Permanent Home Address of workman (Village and Tahsil/Taluk and District) 6

Local Address

Date of commencem ent of employment 8

Signature of thumbimpression of workman 9

Date of termination of employmen t 10

Reasons for termination

Remarks

11

12

Contract Labour (Regulation & Abolition) Central Rules FORM XIV

395

Employment Card

Name and address of Contractor Nature of work and location of work Name and address of establishment in/under which contract is carried on Name and address of Principal Employer

1. 2. 3. 4. 5. 6. 7.

Name of the workman Sl. No. in the register of workmen employed Nature of employment / Designation Wage rate (with particulars of unit, in case of piece-work) Wage Period Tenure of employment Remarks

Signature of Contractor

Contract Labour (Regulation & Abolition) Central Rules FORM XV

Service Certificate

396

Name and address of Contractor Nature and location of work Name and address of the workman Age or Date of Birth Identification Marks Fathers/Husbands Name Name and address of establishment in/under which contract is carried on

Name and address of Principal Employer

Sl. No.

Total Period for which employed From

Nature of work done

Rate of wages (with particulars of unit in case of piece-work)

Remarks

To

Signature

397

Contract Labour (Regulation & Abolition) Central Rules FORM XVI

See Rule 78(a)(i) Muster Roll

Name and address of Contractor Nature and location of work Name and address of establishment in/under which contract is carried on Name and address of Principal Employer For the month of Sl. No. Name of workman Fathers/Husbands Name Sex Dates 1 2 3 4 5 Remarks

Contract Labour (Regulation & Abolition) Central Rules FORM XVII

398

Register of Wages Name and Address of Contractor Nature and location of work Name and address of establishment in/under which contract is carried on Name and address of Principal Employer Wage period: Monthly Sl. No. 1 Name of workman Sl. No. in the register of workmen 3 Designation/nature of work done 4 No. of days worked 5 Units of work done 6

Daily-rate of wages/piecerate

Basic wages

Dearness Allowances 9

Amount of wages earned Overtime Other cash payments (Nature of payment to be indicated) 10 11

Total

12

Deductions, if any (indicate nature) 13

Net amount paid

Signature/Thumbimpression of workman 15

Initial of contractor or his representative 16

14

399

400

Contract Labour (Regulation & Abolition) Central Rules FORM XVIII

Form of Register of Wages-cum-Muster Roll

Name and address of Contractor Nature and location of work Name and address of establishment in/under which contract is carried on Name and address of Principal Employer Wage period: Weekly/Fortnightly From Sl. No. Sl. No. in Register of workman 2 Name of employee to Designation/ nature of work Daily attendance units worked 1 2. .15 3 4 5 6 Total attendances/ units of work done

Daily-rate of wages/piecerate

Basic wages

Dearness Allowances 9

Amount of wages earned Overtime Other cash payments (Nature of payment to be indicated) 10 11

Total

12

401

Deductions, if any (indicate nature) 13

Net amount paid

Signature/Thumbimpression of workman 15

Initial of contractor or his representative 16

14

402

Contract Labour (Regulation & Abolition) Central Rules FORM XIX

Wage Slip

Name and Address of Contractor Nature and location of work Name and Fathers/Husbands name of the workman For the Week/Fortnight/Month ending 1. 2. 3. 4. 5. 6. 7. No. of days worked No. of units worked in case of piece-rate workers Rate of daily wages/piece-rate Amount of overtime wages Gross wages payable Deductions, if any Net amount of wages paid Initials of the Contractor or his Representative

403

Contract Labour (Regulation & Abolition) Central Rules FORM XX

Register of Deductions for Damage or Loss

Name and address of Contractor Nature and location of work Name and Address of Establishment in/under which contract is carried on Name and address of Principal Employer

Sl. No.

Name of workman

Fathers/ husbands name

Designation/ Nature of employment

Particulars of damage or loss

Date of Damage or loss

Whether workman shoed cause against deduction 7

Name of person in whose presence employees explanation was heard 8

Amount of deduction imposed

No. of instalment s

Date of recovery First instalmen t 11 Last Instalment 12

Remarks

10

13

Contract Labour (Regulation & Abolition) Central Rules

404

FORM XXI

Register of Fines

Name and Address of Contractor Nature and location of work Name and Address of Establishment in/under which contract is carried on Name and Address of Principal Employer

Sl. No. 1

Name of workman

Fathers/ Husbands name 3

Designation/ nature of employment 4

Act/Omission for which fine imposed 5

Date of offence 6

Whether workman showed cause against fine 7

Name of person in whose presence employees explanation was heard 8

Wage periods and wages payable 9

Amount of fine imposed

Date on which fine realised 11

Remarks

10

12

Contract Labour (Regulation & Abolition) Central Rules FORM XXII

405

Register of Advances

Name and Address of Contractor Nature and location of work Name and Address of Establishment in/under which contract is carried on Name and Address of Principal Employer

Sl. No. 1

Name

Fathers/ Husbands name 3

Nature of employment/ Designation 4

Wage period and wages payable 5

Date and amount of advance given 6

Purpose(s) for which advance made 7

No. of instalments by which advance to be repaid 8

Date and amount of each instalment repaid 9

Date on which last instalment was repaid 10

Remarks

11

Contract Labour (Regulation & Abolition) Central Rules FORM XXII

406

Register of Advances

Name and Address of Contractor Nature and location of work Name and Address of Establishment in/under which contract is carried on Name and Address of Principal Employer

Sl. No. 1

Name

Fathers/ Husbands name 3

Nature of employment/ Designation 4

Wage period and wages payable 5

Date and amount of advance given 6

Purpose(s) for which advance made 7

No. of instalments by which advance to be repaid 8

Date and amount of each instalment repaid 9

Date on which last instalment was repaid 10

Remarks

11

Contract Labour (Regulation & Abolition) Central Rules FORM XXIII

Register of Overtime Name and Address of Contractor

407

Nature and location of work Name and Address of Establishment in/under which contract is carried on Name and Address of Principal Employer

Sl. No.

Name of workman

Fathers/ Husbands name

Sex

Designation/ nature of employment

Dates on which overtime worked 6

Total overtime worked or production in case of piece-rated 7

Normal rates of wages

Overtime rate of wages

Overtime earnings

Date on which overtime wages paid 11

Remarks

10

12

Contract Labour (Regulation & Abolition) Central Rules FORM XXIV

Return to be sent by the Contractor to the Licensing Officer Half-Year-Ending

408

1. 2. 3. 4. 5. 6. 7.

Name and address of Contractor Name and address of the establishment Name and address of the Principal employer Duration of contract: From No. of days during the half-year on which the establishment of the principal employer had workedthe contractors establishment had worked Maximum number of contract labour employed on any day during the half year: Men Women Children Total to

7.

(i)

Daily hours of work and spreadover (b) if so, whether it was paid for (iii) No. of man-hours of overtime worked

(ii) (a) whether weekly holiday observed and on what day

8.

Number of man-days worked by Men Women Children Total

9.

Amount of wages paid Men Women Children Total

10. Amount of wages paid Men Women Children Total

409

11. Whether the following have been provided (i) (ii) (iii) (iv) (v) Canteen Rest-Room Drinking-water Creches First-Aid

(if the answer is yes state briefly standards provided) Place Date Signature of Contractor

Contract Labour (Regulation & Abolition) Central Rules FORM XXV

See Rule 82(2) Annual Return of Principal Employer to be sent to the Registering Officer Year ending 31st December, 19 1. Full name and address of the Principal Employer.

410

2.

Name of Establishment: (a) District (b) Postal Address (c) Nature of operation/industry/work carried on

3. 4. 5. 6. 7. 8. 9.

Full name of the Manager or person responsible for supervision and control of the establishment. Number of contractors who worked in the establishment during the year (Give details in Annexure). Nature of work/operations on which contract labour was employed. Total number of days during the year on which contract labour was employed. Total number of man-days worked by contract labour during the year. Maximum number of workmen employed directly on any day during the year. Total number of days during the year on which direct labour was employed.

10. Total number of man-days worked by directly-employed workmen. 11. Change, if any, in the management of the establishment, its location, or any other particulars furnished to the Registering Officer in the application for Registration indicating also the dates.

Principal Employer Place Date

411

Annexure to Form Name and Address of the Contractor Period of contract From 1 2 To 3 Nature of work Maximum number of workers employed by each contractor 4 No. of days worked 5 No. of man-days worked 6

412

Minimum Wages (Central) Rules FORM I

Register of Fines Employer Sl. No. Name Fathers/Husbands Name Sex Department Nature and date of the offence for which fine imposed 6

Whether workman showed cause against fine or not, if so enter date 7

Rate of wages

Date and amount of fine imposed

Date on which fine realised

Remarks

10

11

413

Minimum Wages (Central) Rules FORM II

Register of deductions for damage or loss caused to the employer, by the neglect or default of the employed persons

Employer Sl. No. 1 Name 2 Fathers/Husbands Name 3 Sex 4 Department 5 Damage or loss caused with date 6

Whether worker showed cause against deduction, if so, enter date 7

Date and amount of deduction imposed 8

Number of instalments, if any

Date on which total amount realised

Remarks

10

11

414

Minimum Wages (Central) Rules FORM III Annual Return

Return for the year ending the 31st December 1 (a) Name of the establishment and postal address (b) Name and residential address of the Owner/Contractor (c) Name and residential day-to-day affairs of Association 2. address of the Managing the establishment owned Agent/Director/Partner in charge of by a company, body corporate the or

Number of days worked during the year.

*3. Number of mandays worked during the year. 4. Average daily number of persons employed during the year: (i) Adults 5. 7. Total wages paid in cash Deductions: Number of cases Total amount Rs. (a) (b) (c) Fines Deductions for damage or loss Deductions for breach of contract P 6. Total cash value of the wages paid in kind (ii) Children

Disbursement from fines: Purpose Amount Rs. (a) (b) 8. Balance of fine fund in hand at the end of the year Dated Signature Designation * This is the aggregate number of attendance during the year. The average daily number of persons employed during the year is obtained by dividing the aggregate number of attendances during the year by the number of working days. Cash value of the wages paid in kind should be obtained by taking the difference between the cost price paid by the employer and the actual price paid by the employees for supplies of essential commodities given at concessional rates. (c) (d) P.

415

Minimum Wages (Central) Rules FORM IV

Overtime Register for Workers

Month ending

19

Sl. No

Name

Fathers/Husbands Name

Sex

Designation and Department

Dates on which overtime worked 6

Extent of overtime on each occasion

Total overtime worked or production in case of pieceworkers 8

Normal hours

Normal rate

Overtime rate

Normal earnings

Overtime earnings

Total earnings

Date on which overtime payment made

10

11

12

13

14

15

416

Minimum Wages (Central) Rules FORM V

Muster Roll

Name of Establishment Sl No. Name Father/Husbands Name Sex Nature of work

Place For the period ending Remarks

1 2 3 4 5

Total attendance

417

Minimum Wages (Central) Rules FORM VI

Form of Application by an Employee In the Court of the Authority appointed under the Minimum Wages Act, 1948, for area Application No. (1) Applicant (through Address versus (1) (2) Opponent(s) (3) Address a legal practitioner/an official of which is a registered Trade Union) of 19 .

The applicant above-named states as follows: (1) The applicant was/has been employed from as of Shri/Messrs work) (category)in engaged in to (establishment) (nature of

which is a scheduled employment within the meaning of Section 2(g) of the Minimum Wages Act. (2) The opponent(s) is/are the employer(s) within the meaning of Section 2(e) of the Minimum Wages Act. (3) (a) The applicant has been paid wages at less than the minimum rate of wages fixed for his category of employment under the Act by Rs. per day for the period from ; (b) The applicant has not been paid wages at Rs. for the weekly days of rest from ; (c) The applicant has not been paid wages at the overtime rate for the period from to to per day

418

to (a) Rs. (b) Rs. (c) Rs. Total Rs.

(4) The applicant estimates the value of relief sought by him on each account as under:--

(5) The applicant, therefore, prays that a direction may be issued under Section 20(3) of the Act for:-(a) payment of the difference between the wages payable under the Minimum Wages Act and the wages actually paid. (b) payment of remuneration for the days of rest; (c) payment of wages at the overtime rates; (d) compensation amounting to Rs. (6) The applicant begs leave to amend or add to or make alterations in the application, if and when necessary, with the permission of the Authority. (7) The applicant does solemnly declare that the facts stated in this application are true to the best of his knowledge, belief and information. Date Signature or thumb-impression of the employed person, or legal practitioner or official of a Registered Trade Union duly authorised.

419

420

Minimum Wages (Central) Rules FORM VI

Form of Application by an Employee In the Court of the Authority appointed under the Minimum Wages Act, 1948, for area Application No. (1) Applicant (through Address versus (1) (2) Opponent(s) (3) Address a legal practitioner/an official of which is a registered Trade Union) of 19 .

The applicant above-named states as follows: (1) The applicant was/has been employed from as of Shri/Messrs work) (category)in engaged in to (establishment) (nature of

which is a scheduled employment within the meaning of Section 2(g) of the Minimum Wages Act. (2) The opponent(s) is/are the employer(s) within the meaning of Section 2(e) of the Minimum Wages Act. (3) (a) The applicant has been paid wages at less than the minimum rate of wages fixed for his category of employment under the Act by Rs. per day for the period from ; (b) The applicant has not been paid wages at Rs. for the weekly days of rest from ; (d) The applicant has not been paid wages at the overtime rate for the period from to ; to to per day

421

(4) The applicant estimates the value of relief sought by him on each account as under:-(d) Rs. (e) Rs. (f) Rs. Total Rs. (5) The applicant, therefore, prays that a direction may be issued under Section 20(3) of the Act for:-(a) payment of the difference between the wages payable under the Minimum Wages Act and the wages actually paid. (b) payment of remuneration for the days of rest; (c) payment of wages at the overtime rates; (d) compensation amounting to Rs. (6) The applicant begs leave to amend or add to or make alterations in the application, if and when necessary, with the permission of the Authority. (7) The applicant does solemnly declare that the facts stated in this application are true to the best of his knowledge, belief and information. Date Signature or thumb-impression of the employed person, or legal practitioner or official of a Registered Trade Union duly authorised.

422

423

Minimum Wages (Central) Rules FORM VII

Form of application by an Inspector or person acting with the permission of the Authority In the Court of the Authority appointed under the Minimum Wages Act, 1948, for area. Application No. (1) Applicant Address Versus (1) Opponent(s) Address of 19 .

The applicant above-named states as follows:(1) The opponent(s) has/have (a) paid wages at less than the minimum rates of wages fixed for their category (categories) of employment(s) under the Act by Rs. per day for the period(s) to ; (b) not paid wages at Rs. of rest from (c) not paid wages at overtime rate(s) for the period from to the following employees. (2) The applicant estimates the value of relief sought for the employees on each account as under:-(a) Rs. (b) Rs. (c) Rs. Total Rs. (3) The applicant, therefore, prays that a creation may be issued under Section 20(3) of the Act for-(a) payment of the difference between the wages payable under the Minimum Wages Act and the wages actually paid; (b) payment of remuneration for the days of rest; to ; to from

per day for the weekly days

424

(c) payment of wages at the overtime rate; (d) compensation amounting to Rs. (4) The applicant begs leave to amend or add to or make alterations in the application, if and when necessary, with the permission of the Authority. (5) The applicant does solemnly declare that the facts stated in this application are true to the best of his knowledge, belief and information. Date Signature

425

Minimum Wages (Central) Rules FORM VIII

Form of Authority in favour of a Legal Practitioner or any official of a Registered Trade Union In the Court of the Authority appointed under the Minimum Wages Act, 1948, for area. Application No. of 19 Applicant(s) (1) (2) (3) Versus Opponent(s) (1) (2) (3) I hereby authorise Mr. a legal practitioner/an official of the registered trade union of to appear and act on my behalf in the above-described proceedings and to do all things incidental to such appearing and acting. Date Signature or thumb-impression of the employee. .

426

Minimum Wages (Central) Rules FORM IX

Form of Summons to the Opponent to appear before the Authority when an application

(Title of the application) To (Name, description and place of residence.) Whereas has made the above-said application to me under the Minimum Wages Act, 1948, you are hereby summoned to appear before me in person or by a duly authorised agent, and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions on the day of 19 at O'clock in the noon, to answer the claim; and as the day fixed for the appearance is appointed for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence. Take notice that in default of your appearance on the day before-mentioned, the application will be heard and determined in your absence. Date Signature

427

Minimum Wages (Central) Rules FORM IX-A

Notice Abstracts of the Minimum Wages Act, 1948 and the rules made thereunder

I. Whom the Act affects 1. (a) The Act applies to persons engaged in scheduled employments or in specified class of work in respect of which minimum wages have been fixed. (b) No employee can give up by contract or agreement his rights in so far as it purports so reduce the minimum rates of wages fixed under the Act. Definition of wages (1) Wages means all remuneration payable to an employed person on the fulfilment of his contract of employment and includes house rent allowance. It excludes (i) the value of any house-accommodation, supply of light, water, medical attendance or any other amenity or any service extended by general or special order of the appropriate Govt.;

(ii) contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of Social Insurance; (iii) the travelling allowance or the value of any travelling concession; (iv) the sum paid to the person employed to defray special expenses entailed by him by nature of his employment; (v) gratuity payable on discharge. (2) The minimum rate of wages may consist of (i) a basic rate of wages and special allowance called the cost of living allowance; (ii) a basic rate of wages with or without a cost of living allowance and the cash value of any concessions, like supplies of essential commodities at concession rates; and (iii) an all-inclusive rate comprising basic rate, cost of living allowance and cash value of concession, if any. (3) The minimum wages payable to employees of scheduled employments notified under Section 5, read with Section 3 or as revised from time to time under Section 10, read with Section 3, may be (a) a minimum time rate, (b) a minimum piece rate, (c) a guaranteed time rate, (d) an overtime rate, differing with (1) different scheduled employments, (2) different classes or work, (3) different localities, (4) different wage-periods, and (5) different age groups.

428

III. Computation and conditions of payment The employer shall pay to every employee engaged in scheduled employment under him wages at a rate not less than the minimum rate of wages fixed for that class of employee. The minimum wages payable under this Act shall be paid in cash unless the Government authorises payment thereof either wholly or partly in kind. Wage-period shall be fixed for the payment of wages at intervals not exceeding one month or such other larger period as may be prescribed. Wage shall be paid on a working day within seven days of the end of the wage-period or within ten days if 1000 or more persons are employed. The wages of a person discharged shall be paid not later than the second working day after his discharge. If an employee is employed on any day for a period less than the normal working day, he shall be entitled to receive wages for a full normal working day provided his failure to work is not caused by his unwillingness to work but by the omission of the employer to provide him with work for that period. Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class. Where an employees is employed on piece work for which minimum time rate and not a minimum piece-rate has been fixed, the employer shall pay to such employee wages at not less than the minimum time rate. IV. Hours of work and holidays The number of hours which shall constitute a normal working day shall be (a) in the case of an adult, 9 hours, (b) in the case of a child, 4 hours. The working day of an adult worker inclusive of the intervals of rest shall not exceed twelve hours on any day. The employer shall allow a day of rest with wages to the employees every week. Ordinarily, Sunday will be the weekly day of rest, but any other day of the week may be fixed as such rest day. No employee shall be required to work on a day fixed as rest day, unless he is paid wages for that day at the overtime rate and is also allowed a substituted rest day with wages. (See Rules 23). When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall in respect of overtime worked be entitled to wages in scheduled employment other than agriculture, at double the ordinary rate of wages.

429

V.

Fines and deductions No deduction shall be made from wages except those authorised by or under the rules. Deductions from the wages shall be one or more of the following kinds, namely: (i) Fines: An employed person shall be explained personally and also in writing the act or omission in respect of which the fine is proposed to be imposed and given an opportunity to offer any explanation in the presence of another person. The amount of the said fine shall also be intimated to him. It shall be subject to such limits as may be specified in this behalf by the Central Government. It shall be utilised in accordance with the directions of the Central Government;

(ii) deductions for absence from duty; (iii) deductions for damage to or loss of goods entrusted to the employee for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default. The employed person shall be explained personally and also in writing the damage or loss, in respect of which the deduction is proposed to be made and given an opportunity to offer any explanation in the presence of another person. The amount of the said deduction shall also be intimated to him. It shall be subject to such limits as may be specified in this behalf by the Central Government.; (iv) deductions for house-accommodations supplied by the employer or by the State Government or any authority constituted by a State Government for providing housing accommodation. (v) deductions for such amenities and services supplied by the employer as the Central Government may by general or special order authorise. These will not include the supply of tools and protectives required for the purposes of employment; (vi) deductions for recovery of advances or for adjustment of overpayment of wages. Such advances shall not exceed an amount equal to wages for two calendar months of the employed person and the monthly instalment of deduction shall not exceed one-fourth of the wages earned in that month; (vii) deductions of income-tax payable by the employed person; (viii) deductions required to be made by order of court or other competent authority; (ix) deductions for subscription to and for repayment of advances from any provident fund; (x) deductions for payment to co-operative societies or deductions for recovery of loans advanced by an employer from out of a fund maintained for the purpose by the employer and approved in this behalf by the Central Government or deductions made with the written authorisation of the person employed, for payment of any premium on his like insurance policy to the Life Insurance Corporation of India established under the Life Insurance Act, 1956 (31 of 1956); (xi) deductions for recovery or adjustment of amount other than wages, paid to the employed person in error or in excess of what is due to him; Provided that prior approval of the Inspector or any other officer authorised by the Central Government in this behalf is obtained in writing before making the deductions, unless the employee gives his consent in writing to such deduction; (xii) deductions made with the written authorisation of the employed person (which may be given once generally and not necessarily every time a deduction is made) for the purchase of securities of the Government of India or of

430

any State Government or for being deposited in any Post Officer Savings Bank in furtherance of any Savings Scheme of any such Government. Every employer shall send annually a return in Form III showing the deduction from wages so as to reach the Inspector not later than the 1st February following the end of the year to which it relates. VI. Maintenance of registers and records Every employer shall maintain at the workspot a register or wages in the form prescribed specifying the following particulars for each period in respect of each employed person: (a) the minimum rates of wages payable, (b) the number of days in which overtime was worked, (c) the gross wages, (d) all deductions made from wages, (e) the wages actually paid and the date of payment. Every employer shall issue wage-slips in the form prescribed containing prescribed particulars to every person employed. Every employer shall get the signature or the thumb-impression of every person employed on the wage-book and wageslips. Entries in the wage-book and wage-slips shall be properly authenticated by the employer or his agent. A muster-roll, register of fines, register of deductions for damage or loss and register or overtime shall be maintained by every employer at the workspot in the form prescribed. Every employer shall keep exhibited at main entrance to the establishment and its office, notice in English and in a language understood by a majority of the workers of the following particulars in a clean and legible form: (a) minimum rate of wages, (b) abstracts of the Acts and the rules made thereunder, (c) name and address of the Inspector. Register of wages, muster-roll, register of fines, register of deductions for damage or loss and register of overtime shall be preserved for a period of three years after the date of last entry made therein. All registers and records required to be maintained by an employer under the rules shall be produced on demand before the Inspector provided that where an establishment has been closed, the Inspector may demand the production of the registers and records in his office or such other place as may be nearer to the employers. VII. Inspectors An Inspector can enter in any premises and can exercise powers of Inspector (including examination of document and taking of evidence) as he may deem necessary for carrying out the purposes of the Act.

431

VIII. Claims and complaints Where an employee is paid less than the minimum rates of wages fixed for his class of work, or less than the amount due to him under the provisions of this Act, he can make an application in the prescribed form within six months to the Authority appointed for the purpose. An application delayed beyond this period may be admitted if the authority is satisfied that the applicant had sufficient cause for not making the application within such period. Any legal practitioner, official of a registered trade union, Inspector under the Act or other person acting with the permission of the authority can make the complaint on behalf of an employed person. (A single application may be presented on behalf of or in respect of a group of employed persons whose wages have been delayed, if they are borne on the same establishment and their claim relates to the same wage-period or periods.) (A complaint under Section 22(a) relating to payment of less than the minimum rates of wages or less than the amount due to an employee under the provisions of the Act can be made to the court only after an application in respect of the facts constituting the offence has been presented under Section 20 and has been granted wholly or in part, and the appropriate Government or an officer authorised by it in this behalf has sanctioned the making to the complaint: A complaint under Section 22(b) or 22(a) regarding contravention of the provisions relating to hours of work and weekly day of rest or other miscellaneous offences relating to maintenance of registers, submission of returns etc., can be made to the court by or with the sanction of an Inspector. The time-limits for making such complaints is one month from the date of grant of sanction by the Inspector, in the case of offence falling under Section 22(b) and six months from the date on which the offence is alleged to have been committed, in the case of offences falling under Section 22(a).) Action by the Authority The Authority may direct the payment of the amount by which the minimum wages payable exceed the amount actually paid together with the payment of compensation not exceeding ten times the amount of such excess. The Authority may direct payment of compensation in cases where the excess is paid before the disposal of the application. If a malicious or vexatious complaint is made, the Authority may impose a penalty not exceeding Rs. 50 on the application and order that it be paid to the employer. Every direction of the authority shall be final. Penalties for offence under the Act Any employer who pays to any employee less than the amount due to him under the provisions of this Act or infringes any order or rules in respect of normal working day, weekly holiday, shall be punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. Any employer who contravenes any provision of the Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by the Act, be punishable with fine which may extend to five hundred rupees. If the person committing any offence under the Act is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. No such

432

person will be liable to punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Any director, manager, secretary or other officer of the company with whose consent or connivance an offence has been committed is liable to be proceeded against and punished under the Act. Note.(a) company means any body corporate and includes a firm or other association of individuals, (b) director in relation to a firm means a partner in the firm. Minimum rates of wages fixed Name of Undertaking Sl. No. Category of employee Minimum Wages

Name and addresses of Inspector(s) Name Address

433

Minimum Wages (Central) Rules Form X

Register of Wages

Name of Establishment Wage-period from Sl. No. Name of the employee Fathers/ Husbands Name to Designation Minimum rates of payable Basic D.A. Place Rate of wages actually paid Basic D.A. Total attendance/Units of work done 9

Overtime worked

Gross wages payable

Employers contributio n to P.F.

Deductions H.R. Other deduction 14 Total deductio n 15

Wages paid

Date of payment

Signature or Thumbimpression of employer 18

10

11

12

13

16

17

434

Minimum Wages (Central) Rules FORM XI

Wage Slip

Name of the establishment

Place

1. 2. 3. 4.

Name of employee with father's/husband's name Designation Wages-period Rate of wages payable: (a) Basic (b) D.A.

4. 6. 7. 8. 9.

Total attendance/units of work done Overtime wages Gross wages payable Total deductions Net wages paid

Employee's signature/thumb-impression Pay-in-charge

435

The Industrial Disputes (Central) Rules FORM A

Form of application for the reference of an Industrial Disputes to a Board of Conciliation/ Court of Enquiry/ Labour Court/ Tribunal/National Tribunal Under Section 10(2) of the Industrial Industrial Disputes Act, 1947 Whereas an industrial dispute is apprehended/exists between And and it is expendient that the dispute/investigation and settlement/the matters specified in the enclosed statement which are connected with or relevant to the dispute should be referred for to enquiry/adjudication by a Board of Conciliation/A court of Enquiry/a Labour Court/A Tribunal/A National Tribunal An application is hereby made under Section 10(2) of the Industrial Disputes Act, 1947 that the said matter/said dispute should be referred to a Board of Conciliation/A court of Enquiry/a Labour Court/A Tribunal/A National Tribunal This application is made by the undersigned who have/has been duly authorised to do so by virtue of a resolution (copy enclosed) adopted by a majority of the members present at a meeting of the held on the A statement giving the particulars required, under Rule 3 of the Industrial Disputes (Central) Rules, 1957 is attached. Signature of Employer or agent or Manager or Principal officer of the corporation

Signature of the President of the trade Union/Secretary of the trade union Or Signature of five Representatives duly authorized (via resolution enclosed) Or Signature of the workman Or Signature of the workman in the Same establishment duly authorised (Vide authorisation enclosed)

436

To, The Secretary to the Government of India, Ministry of Labour. Statement required under Rule 3 of the Industrial Disputes (Central) Rules, 1957, to accompany the form of application prescribed under sub-section (2) of Section 10 of the Industrial Disputes Act, 1947: (a) Parties to the dispute including the name and address of the establishment or undertaking involved (b) Specific matters in dispute (c) Total number of workmen employed in the undertaking affected (d) Estimated number of workmen likely to be affected by the dispute (e) Efforts made by the parties them selves to adjust the dispute Copy To: 1. 2. 3. The Assistant Labour Commissioner (Central) (Central) in the local area concerned) The Regional Labour Commissioner (Central) The Chief Labour Commissioner (Central), New Delhi (here enter the office address of the Assistant Labour Commissioner

437

The Industrial Disputes (Central) Rules FORM B

Whereas an industrial dispute has arisen/is apprehended between and and it is expedient to refer to said dispute under Section 10 of the Industrial Disputes Act, 1947 to a Board of Conciliation for the purpose of investigating the same and for promoting a settlement thereof, you are hereby required to intimate to the undersigned not later than the , the name(s) and address(es) of one (two) person(s) whom you wish to recommend for appointment as your representative(s) on the said Board. If you fail to make the recommendation by the date specified above, the Central Government will select and appoint such person(s) as it thinks fit to represent you. Secretary to the Government of India, Ministry of Labour.

438

The Industrial Disputes (Central) Rules FORM C

Under Section 10-A of the Industrial Act, 1947) Between Name of the parties. Representing employers Representing workmen/workman: It is hereby agreed between the parties to refer to following industrial dispute to the arbitration of (here specify the name(s) and address(es) of the arbitrator(s).] i. Specific matters in dispute ii. Details of the parties to the dispute including the name and address of the establishment or undertaking involved iii. Name of the workman in case he himself is involved in the dispute or the name of the Union, if any representing the workmen or workman in question. iv. Total number of workmen employed in the undertaking affected. v. Estimated number of workmen affected or likely to be affected by the dispute.

We further agree that the majority decisions of the arbitrator(s) be binding on us/in case the arbitrators are equally divided in their opinion, that they shall appoint another person as umpire whose award shall be binding on us.
The arbitrator(s) shall make his (their) award within a period of (here specify the period agreed upon by the parties) from the date of the publication of this agreement in the Official Gazette by the Appropriate Government or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically and we shall be free to negotiate for fresh arbitration.

Signature of the parties: Representing employer Workman/Representing Workman/Workman Witnesses: 1. 2. Copy to: 4. 5. 6. 7. The Assistant Labour Commissioner (Central) (here enter the office address of the Assistant Labour Commissioner (Central) in the local area concerned) The Regional Labour Commissioner (Central) The Chief Labour Commissioner (Central), New Delhi

439

8.

The Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), New Delhi.

The Industrial Disputes (Central) Rules FORM D (See Rule 17) Whereas an Industrial Dispute between and has been referred to this Board of Conciliation for investigation and settlement/Court of Enquiry for investigation/Labour Court/Tribunal/National Tribunal for adjudication, under Section 10 of the Industrial Disputes Act, 1947, you are hereby summoned to appear before the Board/Court/Labour Court/Tribunal/National Tribunal in person on the day of at Oclock in the noon to answer all material questions relating to the said dispute and you are directed to produce on that day all the books, papers and other documents and things in your possession or under your control in any way relating to the matter under investigation by this Board/Court/Labour/Court/Tribunal/ National Tribunal. Dated Chairman/Secretary Board of Conciliation/Court of Enquiry OR Presiding Officer/Secretary Labour Court/Tribunal/ National Tribunal

440

The Industrial Disputes (Central) Rules FORM E Notice of change of service conditions proposed by an employer
Name of employer Address Dated the day of 19

In accordance with Section 9-A, of the Industrial Disputes Act, 1947, I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from in the conditions of the service applicable to workmen in respect of the matters specified in the Fourth Schedule of the said Act. Signature Designation

ANNEXURE (Here specify the change/changes intended to be effected) Copy forwarded to :1. 2. 3. 4. The secretary of registered trade union, if any. The Assistant Labour Commissioner (Central) The Regional Labour Commissioner (Central) The Chief Labour Commissioner (Central), New Delhi

(here enter the office address of the Assistant Labour Commissioner (Central) in the local area concerned)

441

The Industrial Disputes (Central) Rules FORM F Before (Here mention the authority concerned)
Reference No. Workmen Versus Employer. In the matter I/We hereby authorise Shri/Sarvashree day of 19 of

to represent me/us in the above matter. Dated this

Signature of person(s)
nominating the representative (s) Address Accepted Signature of representative(s) Addresss.

442

The Industrial Disputes (Central) Rules FORM G Form of Nomination Paper

Name of Industrial Establishment Group/Section/Shop/Department

I nominate (here enter the name of the workmens representative eligible for (election) as a candidate for election to the Works Committee. He is eligible as a voter in the constituency for which he is nominated. Date Signature of proposer

I agree to the proposed nomination

Date Attested by (To be signed by any two voters belonging to the electoral constituency) 1. 2. Signature of candidate

443

The Industrial Disputes (Central) Rules FORM G-1

Progress Report on the constitution and functioning of Works Committee for the half-year ending the 30 th June/31st December, 19
1. Name and address of the establishment:

2. 3.

Name of the employer (a) (b) (c) Number of Unions, if any: Names of Unions, if any: Affiliation of the Union(s) to the Central Organisations of workers Date of its constitution: Number of workmens representatives (Elected Members): (c) (d) Number of Employers representatives (Nominated Members) Number of meetings held during the Half-year (with dates)

4.

If the Works Committee had been functioning: (a) (b)

5. 6. Date Place

If the Works Committee has not been functioning, the difficulties encountered in its constitution/functioning: General remarks, if any. Signature of employer or his representative

444

The Industrial Disputes (Central) Rules FORM H Form for Memorandum of Settlement
Name of Parties :
Representing employer (s):

Representing workmen:

Short recital of the case

Terms of settlement Signature of the parties Witnesses : 1. 2. * Signature of Conciliation Officer/Board of Conciliation Copy to:9. 10. 11. 12. ** The Assistant Labour Commissioner (Central) The Regional Labour Commissioner (Central) The Chief Labour Commissioner (Central), New Delhi The Secretary to the Government of India, Ministry of Labour, (here enter the office address of the Assistant Labour Commissioner (Central) in the local area concerned)

* - In cases of settlements effected by Conciliation Officer/Board of Conciliation ** - In cases where settlements are arrived at between the employer and his workmen otherwise than in the course of conciliation proceeding.

445

The Industrial Disputes (Central) Rules FORM I

Before the Labour Court /Tribunal/National Tribunal Complaint under Section 33-A of the Industrial Disputes Act, 1947. A. Complainant(s) Versus B. Address: Opposite Party/Parties.

In the matter of Reference No. The petitioner(s) begs/beg to complain that the Opposite Party/Parties has/have been guilty of a contravention of the provisions of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947), as shown below:

(Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act of the Management is challenged.) The complainant(s) accordingly prays/pray that the Labour Court/Tribunal/National Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper. The number of copies of the complaint and its annexures required under Rule 59 of the Industrial Disputes (Central) Rules, 1957, are submitted herewith. Signature of the Complainant(s). Dated this . day of 19

Verification
I do solemnly declare that what is stated in paragraphs that what is stated in paragraphs me to be true.* This verification is signed by me at day of 19 on . above is true to my knowledge and above is stated upon information received and believed by

446

Signature or Thumb-impression of the person verifying *Delete, if not applicable.

The Industrial Disputes (Central) Rules FORM J

Before (here mention the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal ). Application for permission under sub-section (1)/sub-section (3) of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947), in the matter of Reference No. Address: . Versus Address(es) . B Opposite
Party/Parties.

A Applicant;

The above-mentioned applicant begs to state as follows: (Here mention the action specified in clause (a) or clause (b) of sub-section (1) grounds on which the permission is sought for. ) The applicant therefore prays that express permission may kindly be granted to him to take the following action, namely: (Here mention the action specified in clause (a) or clause (b) of sub-section (1)/sub-section (3) of Section 33. ) Signature of the applicant. Dated this . day of 19

Space for verification (Signature of person verifying). Date (on which the verification was signed) Place (at which the verification was signed)

447

448

The Industrial Disputes (Central) Rules *FORM K

Before (here mention the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal ). Application under sub-section (2) of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947), in the matter of Reference No. Address: A. Applicant; Versus Address(es) .
Party/Parties.

B Opposite

The above-mentioned applicant begs to state as follows: (Here set out the relevant facts and circumstances of the case.. ) *The workman/workmen discharged/dismissed under clause (b) of sub-section (2) of Section 33 has/have been paid wages for one month. The applicant prays that the Conciliation Officer/Board/Labour Court/Tribunal/National Tribunal may be pleased to approve of the action taken, namely: (Here mention the action taken under clause (a) or clause (b) of sub-section (2) of Section 33. ) Signature of the applicant.

Space for verification (Signature of person verifying). Dated this Date (on which the verification was signed) Place (at which the verification was signed) day of 19

*Delete, if not applicable.

449

The Industrial Disputes (Central) Rules FORM K-1

Application under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 To (1) The Secretary to the Government of India, Ministry of Labour and Employment, New Delhi. (2) The Regional Labour Commissioner (Central), (here insert the name of the region). Sir, I/We have to state that I am/we are entitled to receive from M/s a sum of Rs. provisions given by at between the said M/s the duly elected representatives. I/We further state that I/we served the management with a demand notice by registered post on for the said amount which the management has neither paid nor offered to pay to me/us even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed. I/We request that the said sum may kindly be recovered from the management under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947, and paid to me/us as early as possible. Signature of the applicant(s) 1. 2. 3. 4. Station: Date: ANNEXURE (Here indicate the details of the amount(s) claimed) Address(es) on account of under the

of Chapter V-A/Chapter V-B of the Industrial Disputes Act, 1947/in terms of the award dated the /in terms arrived of the settlement dated the

and their workmen through

450

The Industrial Disputes (Central) Rules FORM K-2

Application by a person authorised by a workman or by the assignee or heir of a deceased workman under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947. To (1) (2) Sir, I, Shri/Shrimati/Kumari have to state that Shri/Shrimati/Kumari from M/s a sum of Rs. On account of Chapter V-A/Chapter V-B of the Industrial Disputes Act, 1947/ in terms of the award, dated the /in terms of the settlement dated the and their workmen through the duly elected representatives. I further state that I served the management with a demand notice by registered post on for the said amount, which the management has neither paid nor offered to pay to me even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed. I request that the said sum may kindly be recovered from the management under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947, and paid to me as early as possible. * I have been duly authorised in writing by (here insert the name of the workman) to make this application and to receive the payment of the aforesaid amount due to him. * I am the assignee/heir of the deceased workman and am entitled to receive the payment of the aforesaid. Amount due to him. * - Strike out the portions inapplicable Station Date Signature of the applicant Address is/was entitled to receive under the provisions of The Secretary to the Government of India, Ministry of Labour and Employment, New Delhi The Regional Labour Commissioner (Central) (Here insert the name of the Region.)

arrived at between the said M/s

451

ANNEXURE
(Here indicate the details of the amount claimed.)

452

The Industrial Disputes (Central) Rules FORM K-3

Application under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947

Before the Central Government Labour Court at Between (1) (2) Name of the applicant(s). Name of the employer. a workman of of is/are entitled the money/benefit mentioned in

The petitioner, M/s The petitioners undersigned, workman of to receive form the said M/s the statement hereto annexed.

It is prayed that the Court be pleased to determine the amount/amounts due to the petitioner(s). Signature or thumb-impression(s) of the applicant(s) 1. 2. 3. 4. Station Date Address(es)

ANNEXURE
(Herein set out the details of the money due or the benefits accrued together with the case for their admissibility).

453

The Industrial Disputes (Central) Rules FORM K-4

Application by a person who is an assignee or heir of a deceased workman under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947 (14 of 1947)

Before the Central Government Labour Court at (1) Name of the applicant/applicants (2) Name of the employer
I am/we are the assignee(s) of the deceased workman and am/are entitled to make an application on his behalf.

Shri of

former workman of M/s is entitled to receive from the said M/s

the money/benefits mentioned in the statement hereto annexed; It is prayed that the Court be pleased to determine the amount/amounts due to the deceased workman. Address of workman

Signature or thumb-impression of the applicant(s) Address of the applicant(s)

Station Date

ANNEXURE (Herein set out the details of the money due or the benefits accrued together with the case for their admissibility).

454

The Industrial Disputes (Central) Rules FORM L

Form of Notices of Strike to be given by Union/Workmen in a Public Utility Service

(Name of Union)

(Name of five elected representatives of workmen.) Dated the . To (The name of the employer). Dear Sir/Sirs, In accordance with the provisions contained in sub-section (1) of Section 22 of the Industrial Disputes Act, 1947 I/We hereby give you notice that I propose to cell a strike / We propose to go on strike on 19 , for the reasons explained in the Annexure. day of 19

Secretary of the Union Yours faithfully, Five representatives of the workmen duly elected at a meeting held on vide resolution attached. ANNEXURE Statement of the Case. Copy to: (1) Assistant Labour Commissioner (Central). (Here enter office address of the Assistant Labour Commissioner (Central) in the local area concerned. ) (2) Regional Labour Commissioner (Central) Zone. (date),

455

(3) Chief Labour Commissioner (Central), New Delhi. .

The Industrial Disputes (Central) Rules FORM M

Form of Notice of Lock-out to be given by an Employer carrying on a Public Utility Service Name of employer Address Dated the . day of 19

In accordance with the provisions of sub-section (2) of Section 22 of the Industrial Disputes Act, 1947, I/we hereby give notice to all concerned that it is my/our intention to effect a lock-out, in department(s), section(s), of my/our establishment with effect from reasons explained in the annexure. Signature Designation for the

ANNEXURE Statement of Reasons. Copy forwarded to; (1) The Secretary of the Registered Union, if any. (2) Assistant Labour Commissioner (Central) (Here enter office address of the Assistant Labour Commissioner (Central) in the local area concerned. ) (3) Regional Labour Commissioner (Central) Zone. (4) Chief Labour Commissioner (Central), New Delhi. .

456

The Industrial Disputes (Central) Rules FORM N

Form of Report of Strike or Lock-out in a Public Utility Service Information to be supplied in this form immediately on the occurrence of a strike or lock-out in a public utility service to the Assistant Labour Commissioner (Central) for the local area concerned Name of undertaking Station and District 2 Normal working strength 3 Number of workers involved Directly 4 Indirectly 5 Strike or Lock-out 6

Date of commencemen t of strike or lock-out

Cause

Was Notice of strike or lock-out given? If so, on what date and for what period

Is there any permanent agency or agreement in the undertaking for the settlement of disputes between the employer and workmen? If any exists, particulars thereof 10

Any other information

11

Notes.--Column (3)

Give the average number of workmen employed during the month previous to the day on which the strike or lock-out occurred. While reckoning the average, omit the days on which the attendance was not

457

Column (4)

Column (8)

normal for reasons other than individual reasons of particular workmen. Thus days on which strike or lock-out occurs or communal holiday is enjoyed by a large section of workers should be omitted. If say, 200 workers in a factory strike work and in consequence the whole factory employing 1,000 workers has to be closed then, 200 should be shown under "directly" and the remaining under "indirectly". If the strike of 200 workers does not affect the working of the other departments of the factory, the number of workers involved would only be 200, which figure should appear under directly and column 'indirectly' would be blank. Give the causes of the dispute as well as the immediate cause that led to the strike or lock-out.

The Industrial Disputes (Central) Rules FORM O

Register - Part I

Sl. No.

Industry

Parties to the settlement

Date of settlement

Remark*

*Whether the settlement was effected at the intervention of the conciliation machinery, or by mutual negotiations between the parties, may be indicated here.

Part II Should contain one each of the settlements in the serial order indicated in Part I.

458

The Industrial Disputes (Central) Rules FORM O-1

To, The Regional Labour Commissioner (Central), (here specify the region concerned.) Sir, Under Rule 75-A of the Industrial Disputes (Central) Rules, 1957, I/we hereby inform that I/we have laid off establishment with effect from 2. out of a total of workmen employed in the for the reasons explained in the Annexure.

Such of the workmen concerned as are entitled to compensation under Section 25-C of the Industrial Disputes Act, 1947, will be paid compensation due to them. Yours faithfully,

Copy forwarded to Assistant Labour Commissioner (Central).

(Here specify the address of the Assistant Labour Commissioner (Central) of the local area concerned .)

ANNEXURE

Statement of Reasons
Here insert the number of workmen. Here insert the date. ** Here insert the position which the person who signs the letter holds with the employer issuing the letter.

459

460

The Industrial Disputes (Central) Rules FORM O-2

To, The Regional Labour Commissioner (Central), (here specify the region concerned) Sir, As required by Rule 75-A of the Industrial Disputes (Central) Rules, 1957 and in continuation of my/our notice dated in Form O-1, I/we hereby inform you that the lay-off in my/our establishment has ended on . Yours faithfully,

Copy to the Assistant Labour Commissioner (Central) (Here specify the address of the Assistant Labour Commissioner (Central) of the local area concerned .) Here insert the date. Here insert the position which the person who signs the letter holds with the employer issuing the letter.

461

The Industrial Disputes (Central) Rules FORM O-3

To be submitted in triplicate (* * *)

Form of application for permission to lay-off to continue the lay-off of workmen in industrial establishments to which provisions of Chapter V-B of the Industrial Disputes Act, 1947 (14 of 1947) apply
To,

(The authority specified under sub-section (1) of Section 25-M). Sir, Under *sub-section (1)/sub-section (3) of Section 25-M of the Industrial Disputes Act, 1947 (14 of 1947) read with sub-rule (1) of Rule 75-B of the Industrial Disputes (Central) Rules, 1957 I/We hereby apply for * permission to the lay-off/permission to continue the lay-off of workmen of a total of from workmen employed in my/our establishment with effect for the reasons set out in the Annexure.

Permission is solicited *for the lay-off/to continue the lay-off of the said workmen.

Such of the workmen permitted to be laid-off will be paid such compensation, if any, to which they are entitled under sub-section (6) of Section 25-M read with Section 25-C of the Industrial Disputes Act, 1947 (14 of 1947).
Yours faithfully, (Signature) Strike out whatever is inapplicable.

462

ANNEXURE
(Please give replies against each item) Item No. 1. 2. Name of the undertaking with complete postal address, including telegraphic addresses and telephone number. Status of undertaking:(i) Whether Central public sector/State public sector/ foreign majority company /joint sector, etc. (ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings. (iii) Whether the undertaking is licensed/registered and if so, name of licensing/registration authority and licence/registration certificate numbers. 3. (a) *Names and addresses of the affected workmen proposed to be laid-off/names and addresses of the workmen laid off before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976) and the dates from which each of them has been laid off. (b) The nature of the duties of the workmen referred to in sub-item (a), the units/sections/shops where they are or were working and the wages drawn by them. 4. 5. 6. Items of manufacture and scheduled industry/industries under which they fall. Details relating to installed capacity, licensed capacity and utilised capacity. (1) Annual production, item-wise for the preceding three years. (ii) Production figures, month-wise, for the preceding twelve months. 7. 8. 9. Work-in-progress, item-wise and value-wise. Any arrangements regarding off-loading or subcontracting of products or any components thereof. Position of the order book--item-wise and value-wise for a period of six months, and one year next following, and for the period after the expiry of the said one year. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift. Balance sheets, profit and loss accounts and audit

10. 11.

463

reports for the last three years. 12. 13. 14. Financial position of the company. Names of the inter-connected companies or companies under the same management. (i) The total number of workmen (category-wise), and the number of employees other than workmen as defined under the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking. (ii) Percentage of wages of workmen to the total cost of production. 15. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost. Details of lay-offs resorted to in the last three years (other than the lay-off for which permission is sought), including the periods of such lay-offs, the number of workmen involved in each such lay-off and the reasons therefor. Anticipated savings due to the *proposed lay-off/lay-off for the continuance of which permission is sought. Any proposal for effecting savings on ac-count of reduction in--(i) (ii) (iii) 19. 20. managerial remuneration, sales promotion cost, and general administration expenses.

16.

17.

18.

Position of stocks on last day of each of the month in the preceding twelve months. Annual sales figures for the last three years and monthwise sales figures for the preceding twelve months both item-wise and value-wise. Reasons for the *proposed lay-off/lay-off for the continuance of which permission is sought. Any specific attempts made so far to avoid the *proposed lay-off/lay-off for the continuance of which permission is sought. Any other relevant factors with details thereof;

21. 22.

23.

*Strike out whatever is inapplicable.

464

The Industrial Disputes (Central) Rules FORM P

Form of Notice of Retrenchment to be given by an employer under clause (c) of Section 25-F of the Industrial Disputes Act, 1947
Name of employer Address Dated the To The Secretary to the Government of India, Ministry of Labour, New Delhi. Sir, Under clause (c) of Section 25-F of the Industrial Disputes Act, 1947 (14 of 1947), I/we hereby inform you that I/we have decided to retrench* workmen with effect from ** for the reasons explained in the Annexure. day of 19

2. The workmen concerned were given on the ** 19 one month's notice in writing as required under clause (a) of Section 25-F of that Act. Retrenchment is being effected in pursuance of an agreement, a copy of which is enclosed. The workmen were given on the ** 19 notice as required under clause (a) of Section 25-F of that Act.
3. The total number of workmen employed in the industrial establishment is *** and the total number of those who will be affected by the retrenchment is given below: Category and designation of workman to be retrenched (1) Number of workman Employed (2) To be retrenched (3)

one month's pay in lieu of

4.

I/We hereby declare that the workman/workmen concerned has/have been/will be paid compensation due to them under Section 25-F of the Act on** /the expiry of the notice period. Yours faithfully

465

* ** ***

Here insert the number of workmen. Here insert the date. Delete the portion which is not applicable. Here insert the total number of workmen employed in the industrial establishment. Here insert the position which the person who signs this letters holds with the employer issuing the letter.

ANNEXURE
Statement of Reasons Copy to: (1) Assistant Labour Commissioner (Central). (Here enter officer address of the Assistant Labour Commissioner (Central) in local area concerned. ) (2) Regional Zone. (3) Employment Officer, Employment Exchange Labour Commissioner (Central).

(Enter the full address of the Employment Exchange concerned ).

466

The Industrial Disputes (Central) Rules FORM P-A

To be made in triplicate (* * *)

Form of notice for permission for retrenchment of workmen to be given by an employer under clause (d) of sub-section (1) of Section 25-N of the Industrial Disputes Act, 1947 (14 of 1947) To,

Date The Central Government/authority* specified under clause (c) of sub-section (1) of Section 25-N. Sir, Under clause (c) of sub-section (1) of section 25-N of the Industrial Disputes Act, 1947(14 of 1947), I/we hereby inform you that *I/we propose to retrench workmen being workmen to whom sub-section (1) of Section 25-N applies with effect from for the reasons set out in the Annexure. 2. The workmen* concerned have been given notice in writing as required under clause (a) of sub-section (1) of Section 25N/have not been given notice since the retrenchment is under an agreement (copy of which is enclosed) as provided in the proviso to the said clause.

3. The

total

number

of

workmen

employed

in

the

industrial

establishment

is

and the total number of those who will be affected by the proposed retrenchment is as given below:
Category and designation of workman to be retrenched (1) Number of workman Employed (2) To be retrenched (3)

4. 5.

Permission is solicited for the proposed retrenchment under clause (c) of sub-section (1) of Section 25-N. I/We hereby declare that the workmen permitted to be retrenched will be paid compensation due to them under clause (b) of sun-section (1) of Section 25-N of the Act. Yours faithfully,

(Signature).

467

*Strike out whatever is inapplicable.

ANNEXURE (Please give replies against each item) Item No. 1. 2. Name of the undertaking with complete postal address, including telegraphic addresses and telephone number. Status of undertaking:(i) Whether Central public sector/State public sector/ foreign majority company /joint sector, etc. (ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings. (iii) Whether the undertaking is licensed/registered and if so, name of licensing/registration authority and licence/registration certificate numbers. 3. Names and addresses of the workmen proposed to be retrenched and the nature of their duties, the units/sections/shops where they are working and the wages drawn by them. Items of manufacture and scheduled industry/industries under which they fall. Details relating to installed capacity, licensed capacity and utilised capacity. (1) Annual production, item-wise for the preceding three years. (ii) Production figures month-wise for the preceding twelve months. 7. 8. 9. Work in progress--item-wise and value-wise. Any arrangements regarding off-loading or subcontracting of products or any components thereof. Position of the order book--item-wise and value-wise for a period of six months and one year next following, and for the period after the expiry of the said one year. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift. Balance sheets, profit and loss accounts and audit reports for the last three years.

4. 5. 6.

10. 11.

468

12. 13. 14.

Financial position of the company. Names of the inter-connected companies or companies under the same management. (i) The total number of workmen (category-wise), and the number of employees other than workmen as defined in the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking. (ii) Percentage of wages of workmen to the total cost of production.

15.

Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost. Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in each case, and the reasons therefor. Has any of the retrenched workmen been given reemployment and if so, when? Give details. Are seniority lists maintained in respect of the categories of workmen proposed to be retrenched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of service? Anticipated savings due to the proposed retrenchment. Any proposal for effecting savings on account of reduction in-(i) managerial remuneration (ii) sales promotion cost, and (iii) General administration expenses.

16.

17. 18.

19. 20.

21. 22.

Position of stock on the last day of each of the months in the preceding twelve months. Annual sales figures for the last three years and monthwise sales figuresfor the preceding twelve months both item-wise and value-wise. Reasons for the proposed retrenchment. Any specific attempt made so far to avoid the proposed retrenchment. Any other relevant factors with details thereof.

23. 24. 25.

469

The Industrial Disputes (Central) Rules Form Q

Form of notice of closure to be given by an employer under Section 25-FFA of the Industrial Disputes Act, 1947

Name of employer Address Dated the To, The Secretary to the Government of India, Department of Labour and Employment, New Delhi. Sir, Under Section 25-FFA of the Industrial Disputes Act, 1947 (14 of 1947), I/we hereby inform you that I/we have decided to close down (name of the undertaking) with effect day of 19

from for the reasons explained in the Annexure. The number of workmen whose services would be terminated on account of the closure of the undertaking is (number of workmen).
Yours faithfully,

ANNEXURE

Statement of reasons
Copy to:--(1) The Regional Labour Commissioner (Central) (2) The Assistant Labour Commissioner (Central) (3) The Employment Exchange * * *

470

* Here enter the office address of the Regional Labour Commissioner (Central)/Assistant Labour Commissioner (Central) and the Employment Exchange in the local area concerned.

The Industrial Disputes (Central) Rules FORM Q-A

(To be submitted in triplicate)

Form of notice for permission of closure to be given by an employer under sub-section (1) of Section 25-0 of the Industrial Disputes Act, 1947 (14 of 1947) Date To, The Secretary to the Government of India, Ministry of Labour, New Delhi. Sir,

Under Section 25-C of the Industrial Disputes Act, 1947 (14 of 1947), I/we hereby inform you that I/we propose to close down the undertaking specified below of (name of the industrial establishment)
(Give details of the undertaking)

with effect from 2. 3. 4.

for the reasons explained in the Annexure.

The number of workmen whose services will be terminated on account of the closure of the undertaking is (number of workmen). Permission is solicited for the proposed closure. I / we hereby declare that in the event of approval for the closure being granted, every workman in the undertaking to whom sub-section (8) of the said Section 25-0 applies shall be paid compensation as specified in that section. Yours faithfully, (Signature)

471

ANNEXURE (Please give replies against each item) Item No. 1. Name of the industrial establishment with complete postal address, including telegraphic addresses and telephone number. Status of undertaking:(i) Whether Central public sector/State public sector/ foreign majority company /joint sector, etc. (ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings. (iii) Whether the undertaking is licensed/registered and if so, name of licensing/registration authority and licence/registration certificate numbers. 3. The total number and categories of work-men affected by the proposed closure, along with the addresses of the workmen and the details of wages drawn by them. Items of manufacture and scheduled industry/industries under which they fall. Details relating to installed capacity, licensed capacity and utilised capacity. (1) Annual production, item-wise for the preceding three years. (ii) Production figures month-wise for the preceding twelve months. 7. 8. 9. Work in progress--item-wise and value-wise. Any arrangements regarding off-loading or subcontracting of products or any components thereof. Details of persons or the organisations to whom the job/jobs is/are being entrustedrelationship/interest of the persons/organisations with the director/directors or the officer/officers of the company. Position of the order book--item-wise and value-wise for a period of six months and one year next following, and for the period after the expiry of the said one year. Number of working days in a week with the number of shifts per day and the strength of workmen per shift.

2.

4. 5. 6.

10.

11.

472

12. 13. 14.

Balance-sheet and profit and loss account and audit reports for the last three years. Financial position of the company. (i) Names of interconnected company or companies under the same management. (ii) Details about intercorporate investments and changes during the last one year. (iii) Interest of any of the directors/officers of the undertaking producing same or similar type of product.

15. 16.

Percentage of wages of workmen to the total cost of production. Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost. Inventory position--item-wise and value-wise for the preceding twelve months (Inventories to be shown in respect of finished products, components and rawmaterials to be shown separately item-wise and valuewise). Selling arrangement for the last three years and any change in the selling arrangement in preceding twelve months. Full details of the interest of the directors and officers of the company in the organisations/persons involved in selling products of the undertaking. Buying arrangements for raw materials and components. Interests of the directors and officers with the organisations/persons involved in buying raw materials and components for the undertaking. Annual sales figures for the last three years and monthwise sales figures for the preceding twelve months both item-wise and value-wise. Reasons for the proposed closure. Any specific attempt made so far to avoid the closure. Any other relevant factors with details thereof.

17.

18.

19.

20. 21.

22.

23. 24. 25.

473