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TABLE OF CONTENTS
Dear Readers,
Pages
Welcome to our 132nd issue of ‘Aparajitha Bulletin’. State Government to frame Rules related to Creche
provision 02
The circular given by the Ministry of Labour and Employment to all the State
Governments to frame Rules regarding Crèche provision which was made Integrated Registration and furnishing of combined
effective from 1st July 2017 under the Maternity Benefit Act, 1961, would returns under Labour Laws to be made online 02
expedite the practical implications. A revised combined Online Annual
Return in Form-B under various labour laws was issued by Andhra Pradesh
New E-payment process introduced in Maharashtra to 03
Labour Department. Similarly, Maharashtra has issued a trade circular pay Profession Tax
regarding new e-payment process under the Maharashtra Professional Tax. Various establishment to be declared under the
Puducherry Labour Department has brought various establishments under Puducherry Shops and Establishments Act 03
its S & E Act. Tripura Labour Department has revised the S & E renewal fee
Shop and Establishment and renewal fee revised by the
which is valid upto 3 years. The Kerala Law Department has increased the 04
labour department
penalty amount under Minimum Wages Act, 1948 through an amendment
has come to immediate effect after receiving Presidential Assent. The Tamil Penalty amount under Minimum Wages Act, 1948
Nadu Government has published draft amendments under TN payment of (Central Act) increased 04
Wages Rules, TN CLRA Rules & TN Maternity Benefit Rules. Kerala
Tamil Nadu Government has published draft
Government also has issued draft notification under CLRA Rules and Inter 05
amendments under the Various Rules
State Migrant Workmen (RoE & CoS) Rules. Jammu & Kashmir Labour
Department has published its proposal on renewal periodicity and also has Draft Amendment issued under CLRA & ISMW in Kerala 05
fixed the ‘closed day’ under its S & E Act.
Closed day fixed under the Jammu and Kashmir Shops
and Establishments Act 06
EPFO has made provisions to generate UAN for any Indian citizen going for
an employment and can submit to his employer in future. With effect from Jammu & Kashmir Factories Rules proposed
1st October, 2017, Form No. 9 has to be submitted online for employees Amendment in Renewal Periodicity 06
who joined on or after 1st April, 2012. With regard to numerous petitions
lying with various High Courts for payment of Pension on higher salary for
Introduction of Direct UAN allotment to any citizen at
07
exempted establishments, a Transfer Petition has been filed by EPFO. EPFO Unified Portal
through its Web-Circular had declared that powers for correction of spelling Companies need to furnish new staff details online to
mistakes in names up to two letters and change of surname in case of EPFO from October 07
female employees on account of marriage are delegated to APFC(Accounts).
ESI has extended its Scheme to Districts of Gajapati, Kendrapara and
Will workers of exempted Cos get higher pension
option? 08
Nayagrah in the State of Odisha with effect from 1st November, 2017.
EPFO has released new functions under the EPFO
Minimum Wages were revised in the States of Jammu & Kashmir, Arunachal
08
UMANG app
Pradesh and VDA were revised in the States of Telangana & Tripura. Public
Holidays list for the year 2018 were published by the States of Tamil Nadu,
Clarification regarding name correction in EPFO
09
Karnataka, Andhra Pradesh, Telangana, Madhya Pradesh, Uttar Pradesh & documents
Bihar. As a special note the Puducherry Government has included IT & ITES ESI implemented in 3 districts of Odisha 09
Industries under the Part I Schedule of the Minimum Wages.
Minimum wages revised in various states 10
We anticipate this issue would be of extensive value and serve as a helpful
nutshell as a ready reference. Public Holidays for 2018 declared in various states 12
Media coverage in labour & employment domains 13
Happy Reading!
Page No 1
Bulletin
December 2017
132nd Issue
Page No 2
Bulletin
December 2017
132nd Issue
Page No 3
Bulletin
December 2017
132nd Issue
Shop and Establishment and renewal fee revised by the labour department
Tripura Labour Department has revised the S & E Registration &
Renewal Fee for 3 years.
Penalty amount under Minimum Wages Act, 1948 (Central Act) increased
Kerala Law Department has increased the penalty amount
under Minimum Wages Act, 1948 (Central Act). Amendment
has come into effect after received Presidential Assent
through Legislative Assembly process.
Page No 4
Bulletin
December 2017
132nd Issue
Tamil Nadu Government has published draft amendments under the Various
Rules
TN Government has published draft amendments under the following Rules as:
There is no separate return is required under the Act, if the combined returns submitted under
various governing/regulatory legislations.
• Draft notification under the Kerala Contract Labour (R & A) Rules, 1974
• Draft notification under the kerala Inter-State Migrant Workmen RoE & CoS) Rules, 1983
Page No 5
Bulletin
December 2017
132nd Issue
Closed day fixed under the Jammu and Kashmir Shops and
Establishments Act
Labour Department, J & K has fixed the closed day under the Jammu and Kashmir Shops and
Establishments Act, 1966 in various Areas.
• For red and orange category of factories shall renew license annually
• For green category of factories shall renew license once in 3 years
• New license and renewal shall be issued within 30 days from the date of application
Page No 6
Bulletin
December 2017
132nd Issue
Companies need to furnish new staff details online to EPFO from October
Everyone knows that effective from 1st October 2017,
EPFO was issued a circular to do away with submission of
physical Form 9 and now the establishments those joined
on or after 1st April 2012 would generate the e Form 9
with effect from 1st October 2017.
Page No 7
Bulletin
December 2017
132nd Issue
EPFO has released new functions under the EPFO UMANG app
EPFO has included the certain functions under the
UMANG. Members, employer can view the respective
status under the UMANG app too.
Page No 8
Bulletin
December 2017
132nd Issue
Page No 9
Bulletin
December 2017
132nd Issue
Page No 10
Bulletin
December 2017
132nd Issue
Page No 11
Bulletin
December 2017
132nd Issue
Page No 12
Bulletin
December 2017
132nd Issue
Page No 13
Bulletin
December 2017
132nd Issue
Page No 14
Bulletin
December 2017
132nd Issue
Page No 15
Bulletin
December 2017
132nd Issue
• India in talks with Brazil for social security agreement: EPFO. (Refer Page No 144.)
• Now You Can Settle Your PF Claims On Government-run 'Umang' App. (Refer Page No 147.)
• SHe-Box Online Complaint Management System for working women to lodge complaints of
sexual harassment at workplace launched by Smt Maneka Sanjay Gandhi. (Refer Page No 152.)
• Implement amended Act for our benefit: shop owners to State govt. (Refer Page No 154.)
Page No 16
Bulletin
December 2017
132nd Issue
Ministry
"',T:'Jllil'rilfr1X'H
Sociol Security Divisionnilqlfufi gtefr qt{Fr
ffi* t'""
,* .* :i.
't,l 't
Shrom Shokti Bhowon, Rofi Morg,
New Delhi, the Doted lTih November,20l7
Sir,
The Moternity Benefit Act wos omended to provide crdche fociliiies in
the Esioblishments employing 50 or more employees. For effective
implemeniotion of this provision, it is necessory thot Rules ore fromed
prescribing omeniiies ond focilities required to be provided in soid crdche' The
Acl provides lhoi oppropriote Government sholl frome such Rules. The Stote
Governments ore oppropriote Government under the Acl for Esloblishmenis
other thon Mines ond Circus.
('uZ"'yl-
(H.1. Meeno)
Director, Govt. of Indio
Ieli 23719054
E-moil : hl.meeno53@nic.in
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
The Andhra Pradesh (Issuance of Integrated Registration and Furnishing of
Combined Returns under various Labour Laws by certain Establishments)
Act, 2015 – Amendment to Form - B- Notification –Issued.
LABOUR EMPLOYMENT TRAINING AND FACTORIES (Lab. I) DEPARTMENT
G.O.MS.No. 18 Dated: 31-10-2017
Read the following:-
1.D.O.Letter. No. 1689/P&I/A1/2015, dated: 20.04.2017 & 21.07.2017
of the Secretary, Industries Department.
2.From the Commissioner of Labour Letter .No. I/2465/15,
Dt:18.08.2017.
*****
O R D E R:
Whereas, the Andhra Pradesh (Issuance of Integrated Registration and
Furnishing of Combined Returns under various Labour Laws by certain
Establishments) Act, 2015 (Act No. 10 of 2015) has been enacted by the
Legislature of the State of Andhra Pradesh facilitating ease of doing business
and ease of compliance of Labour Laws specified in the First Schedule of the
said Act, by the industry and the said Act 10 of 2015 came into force with
effect from 23rd April, 2015;
2. And whereas, the Department for Industrial Promotion (DIPP),
Government of India made certain recommendations and out of the said
recommendations, one of the recommendation is to facilitate online
furnishing of combined return under Labour Laws;
NOTIFICATION
(P.T.O)
::2::
“ Form-B
(3) Address:
(30) Note:- Combined Annual Return for the year ending 31 March
th
shall be furnished online before 30 June of the following year :
::3::
DECLARATION
I/we hereby declare that I/we have complied with all relevant
provisions of the Labour Act applicable to the establishment. In
the case the information furnished above is found to be false,
misrepresented or suppressed any material information or evaded
to furnish the information, I/we are liable for prosecution as per
law besides cancellation of the registration /license granted.
Date
Note: The Combined Annual Return shall be filed online only through the web portal of the Labour
Department, Government of Andhra Pradesh of the webportal of Andhra Pradesh mee- seva at
http://ap.meeseva.gov.in/ on or before 30th June of the year.
::4::
ANNEXURE-I
STATEMENT SHOWING CATEGORY WISE DETAILS OF WORKERS
Establish Direct Inter State Casual Seasonal Badili Apprentice Others
ment workers Contract migrant workers workers Workers (Specify the
category/ workers workers/ category)
worker (contract (Inter State
category labour act) workmen
Act)
Male Female Male Female Male Female Male Female Male Female Male Female Male Female Male Female
Employed
in shops
(AP
Shops &
Estts. Act)
Employed
in
Establish
ments (AP
Shops &
Essts Act)
Employed
in
Factories
Building
and other
constructi
on
Workers
Working
journalists
and other
news
paper
employees
Sales
promotion
employees
Plantation
workers
Beedi/
Cigar
Workers
Any other
category
worker/
Establish
ment
(specify
name
::5::
ANNEXURE-2
STATEMENT OF DETAILS OF WAGES, BONUS PAID TO THE WORKERS DURING THE YEAR
S Name Gender Establishment Worker Designati Length Staff EPF ESIC DETAILS OF WAGES PAID PER MONTH Amount of Whether
. of the category (as category on of code No. No bonus paid covered
N worker specified in (as service No/St for the under
o vertical column specified aff previous gratuity
in Annexure.1) in No/ accounting insurance
horizontal Toke Bas VDA All Total Deducti Net year scheme
column in n No. ic other wages on wages
Annexure. wag allow (gross) paid
1) e ance
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
To
The Commissioner, Printing, Stationery and Stores Purchase, Andhra
Pradesh, Hyderabad for publication in the Extraordinary issue of A.P.
Gazette and supply 20 copies to government, 100 copies to the
Commissioner of Labour, Andhra Pradesh, Hyderabad.
The Commissioner of Labour, Andhra Pradesh, Vijayawada.
All District Collectors, through Commissioner of Labour, Andhra Pradesh,
Vijayawada.
Copy to:
OSD to Hon’ble Minister for Labour.
Law (B) Department.
Sc/Sf.
//FORWARDED :: BY ORDER//
SECTION OFFICER
GOVBRNMBNT OTT PI.JDI.JCHBRRY
Abstract
Labour Department Thc Puducherry Shops and Establishments Act, 1964
Issue of Notification for dcclaring various trstablishments under the Act Final
Notification Issued.
I,ABOUR DT'PARTMENT
ORDER:
The following Notification shall bc published in the extraordinary issue of
the Official Gazettc of Govcrnment of Puducherrv:-
NOTIITICATION
(E. VALLAVAN)
ADDITIONAL StrCRtrlARY TO GOVtrRNMENT
\r (LABOUR)
To /\o
The Director of Stationery & Printt"*1 with a rcquest to supply 50 copies of
Puducherry. thc notification to this Department.
Copy to:
fBireii : 09.11.2017
G C P P . — 1 5 4 / 5 — 2 5 , 0 0 0 C p s , (810)—27-4-2017.
PRO FORMA
2. Establishment name
3- Employer name
4. Premise No.
5. Street
7. Pin Code
8. Municipality / Commune
10 Establishment Email-ID
TAMIL NADU
GOVERNMENT GAZETTE
PUBLISHED BY AUTHORITY
NOTIFICATIONS BY GOVERNMENT
CONTENTS
Pages.
Pages.
LABOUR AND EMPLOYMENT DEPARTMENT
Draft Amendments to the Tamil Nadu Contract Labour (Regulation and Abolition) Rules 155-156
[153]
DTP—III-1(a) (45)
154 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a)
NOTIFICATIONS BY GOVERNMENT
[G.O. Ms. No. 162, Labour and Employment (H1), 21st September 2017, ¹ó†ì£C 4, «ýM÷‹H,
F¼õœÀõ˜ ݇´-2048.]
No. SRO A-47/2017.—The following draft of an amendment to the Tamil Nadu Payment of Wages Rules, 1937 which
it is proposed to be made in exercise of the powers conferred by Section 26 of the Payment of Wages Act, 1936
(Central Act 4 of 1936) is hereby published for information of all persons likely to be affected thereby as required under
sub-section (5) of Section 26 of the said Act.
2. Notice is hereby given that the draft amendment will be taken into consideration after the expiry of Ninety five
days from the date of publication of this notification in the Tamil Nadu Government Gazette and that any objections
or suggestions which may be received from any person with respect thereto, before the aforesaid period of expiry, will
be considered by the Government of Tamil Nadu. Objections and suggestions, if any, should be addressed in duplicate
to the Secretary to Government, Labour and Employment Department, Chennai-600 009, through the Director of
Industrial Safety and Health, 47/1, Sidco, Industrial Estate, Guindy, Chennai-600 032.
DRAFT AMENDMENT
In the said Rules, in the proviso to rule 18, after the expression, “Tamil Nadu Factories Rules, 1950”, the expression,
“or Combined Annual Return in Form XXV under Schedule XIII as required in rule 242 under the Tamil Nadu Building
and other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006” shall be inserted.
[G.O. Ms. No. 173, Labour and Employment (H1), 9th October 2017, ¹ó†ì£C 23, «ýM÷‹H,
F¼õœÀõ˜ ݇´-2048.]
No. SRO A-48/2017.—The draft following amendment to the Tamil Nadu Maternity Benefit Rules, 1967, which it is
proposed to make in exercise of the powers conferred by Section 28 of the Maternity Benefit Act, 1961 (Central Act
53 of 1961), is hereby published for general information of all persons likely to be affected thereby as required by the
said sub-section (1) of Section 28 of the said Act.
2. Notice is hereby given that the draft amendment will be taken into consideration on or after the expiry of three
months from the date of the publication of this notification in the Tamil Nadu Government Gazette, and that any
objections or suggestions which may be received from any person with respect thereto before the expiry of the aforesaid
period will be considered by the Government of Tamil Nadu. Objections and Suggestions, if any, should be addressed
to the Secretary to Government, Labour and Employment Department, Fort St. George, Chennai-600 009 through the
Commissioner of Labour, Chennai-600 006.
DRAFT AMENDMENTS
In the said Rules, after the proviso to sub-rule (1) of rule 16, the following proviso shall be added;
“Provided further that no annual return in Form K need be sent by an employer, if,-
(a) a combined annual return in Form No. XIII as required in rule 42 of the Tamil Nadu Catering Establishments
Rules, 1959 is furnished; or
(b) a combined annual return in Form No. XII as required in sub-rule (ii) of rule 35 of the Tamil Nadu Beedi
and Cigar Workers (Conditions of Employment) Rules, 1968 is furnished; or
(c) a combined annual return in Form No. 28 as required in rule 83 of the Tamil Nadu Plantations Rules, 1955
is furnished; or
(d) a combined annual return in Form No. XIX as required in rule 43 of the Tamil Nadu Motor Transport Workers
Rules, 1965 is furnished”.
Nov. 8, 2017] TAMIL NADU GOVERNMENT GAZETTE 155
[G.O. Ms. No. 174, Labour and Employment (H1), 9th October 2017, ¹ó†ì£C 23, «ýM÷‹H,
F¼õœÀõ˜ ݇´-2048.]
No. SRO A-49/2017.—The following draft amendments to the Tamil Nadu Payment of Wages Rules, 1937 which
it is proposed to make in exercise of the powers conferred by Section 26 of the Payment of Wages Act, 1936 (Central
Act IV of 1936), is hereby published for general information of all persons likely to be affected thereby, as required
by sub-section (5) of Section 26 of the said Act.
2. Notice is hereby given that the draft amendments will be taken into consideration on or after the expiry of three
months from the date of publication of this notification in the Tamil Nadu Government Gazette, and that any objections
or suggestions which may be received from any person with respect thereto before the expiry of the aforesaid period
will be considered by the Government of Tamil Nadu. Objections or Suggestions, if any, should be addressed to the
Secretary to Government, Labour and Employment Department, Fort St. George, Chennai-600 009 through the
Commissioner of Labour, Chennai-600 006.
DRAFT AMENDMENTS
In the said Rules, after the proviso to rule 18, the following proviso shall be added;
“Provided further that no annual return in Form No. IV need be sent by an employer, if,-
(a) a combined annual return in Form No. XIII as required in rule 42 of the Tamil Nadu Catering Establishments
Rules, 1959 is furnished; or
(b) a combined annual return in Form No. XII as required in sub-rule (ii) of rule 35 of the Tamil Nadu Beedi
and Cigar Workers (Conditions of Employment) Rules, 1968 is furnished; or
(c) a combined annual return in Form No. 28 as required in rule 83 of the Tamil Nadu Plantations Rules, 1955
is furnished; or
(d) a combined annual return in Form No. XIX as required in rule 43 of the Tamil Nadu Motor Transport Workers
Rules, 1965 is furnished”.
Draft Amendments to the Tamil Nadu Contract Labour (Regulation and Abolition) Rules
[G.O. Ms. No. 175, Labour and Employment (H1), 9th October 2017, ¹ó†ì£C 23,
«ýM÷‹H, F¼õœÀõ˜ ݇´-2048.]
No. SRO A-50/2017.—The following draft amendments to the Tamil Nadu Contract Labour (Regulation and Abolition)
Rules, 1975 which it is proposed to make in exercise of the powers conferred by Section 35 of the Contract Labour
(Regulation and Abolition) Act, 1970 [Central Act 37 of 1970] is hereby published for general information of all persons
likely to be affected thereby, as required by sub-section (1) of Section 35 of the said Act.
2. Notice is hereby given that the draft amendments will be taken into consideration on or after the date of expiry
of three months from the date of publication of this notification in the Tamil Nadu Government Gazette, and that any
objections or suggestions which may be received from any person with respect thereto, before the expiry of the
aforesaid period will be considered by the Government of Tamil Nadu. Objections or Suggestions, if any, should be
addressed to the Secretary to Government, Labour and Employment Department, Fort St. George, Chennai-600 009
through the Commissioner of Labour, Chennai-600 006.
DRAFT AMENDMENTS
In the said Rules, after the proviso to sub-rule (2) of rule 82, the following proviso shall be added:
“Provided further that no annual return in Form XXV need be sent by the principal employer, if,-
(a) a combined annual return in Form No. XIII as required in rule 42 of the Tamil Nadu Catering Establishments
Rules, 1959 is furnished; or
156 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a)
(b) a combined annual return in Form No. XII as required in sub-rule (ii) of rule 35 of the Tamil Nadu Beedi
and Cigar Workers (Conditions of Employment) Rules, 1968 is furnished; or
(c) a combined annual return in Form No. 28 as required in rule 83 of the Tamil Nadu Plantation Rules, 1955
is furnished; or
(d) a combined annual return in Form No. XIX as required in rule 43 of the Tamil Nadu Motor Transport Workers
Rules, 1965 is furnished”.
Step 2: In the screen opened now, the user has to enter his/ her Aadhaar Number and click button “Generate
OTP”. On clicking of the same OTP will be sent to his/ her registered mobile number.
XXXXX
Step 3: On entering the OTP and accepting the Disclaimer provided therein by clicking on the box, the Submit
Button will be enabled. Now click the “Submit” button to proceed further.
XXXXXX
Step 4: The screen displaying the Basic Details available against the Aadhaar entered by the user will be opened.
The user can verify his/ her details and enter the requisite data in the mandatory fields provided in the screen.
The user can then click the Register button after entering the captcha and selecting the box in the disclaimer
section.
XXXXXXXXXXXXXXXx
XXXXXX
Step 5: On clicking the “Register” button the UAN will be allotted and will be displayed as the message to the
user.
q5if-q1.fl ~ ~ ~
Employees' Provident Fund Organisation
J5l'"l" ~ fl \JPII~ ll'~. 1lTm tHcf>I~
Ministry of Labour & Employment, Government of India
~ f.ffu ~ 1 Bhavishy a Nidhi Bhawan
14, ~010 1 d'I c!)1"Il"1 ~ ";ref ~ 0,,;ft 110066
Bhikaiji Cama Place, New Delhi 110066
www .epfindia .gov.in
Phone No. 011 -26196236, Fax. 011 -26168431, Email- rc.pension@epfindia.gov. in
No: Pension-1/ 12/33/ EPS Amendment/96 Vol.II / J°I '-) '1 Dated:
To 2 9 NOV 2011
All Additional Central P.F. Commissioners(Zones),
All Regional P.F. Commissioner (In-Charge of Regions).
Subject:-Allowing members of the EPS'95 the benefit of the actual salary in the Pension Fund
exceeding wage limit of either Rs. 5000/- or Rs. 6500/- per month from the effective
date respectively as per the Hon'ble Supreme Court's order in Civil Appeal NO(S)
10013-10014 of2016 arising out of SLP No. 33032-33033 of2015 - regarding.
Sir/Madam,
It has been brought to the notice that Writ Petitions have been fi led in different High
Courts by the employees of exempted establishments challenging the circular dated 3 1-05-2017.
In this connection it is informed that a Transfer Petition has been fi led in the Hon' ble Supreme
Court to transfer all the Writ Petitions fi led in various High Courts to the Supreme Court for
deciding the subject matter.
Therefore, it is requested to place this fact before the Hon' ble High Court where such
petitions have been fil ed and to defend the matter based on the directions already passed by
Hon' ble Supreme Court as cited above.
Yours faithfully,
~ - I J-
(Mukesh Ku Ja;. f1 '' '
Regional PF Commissioner- I (Pension)
Employee’s Provident Fund Organisation
Process flow for Online Request for Correction in Name, Date of Birth and Gender
It has been seen that many EPF members are facing problem in seeding Aadhaar with their UAN as there
is mismatch in Name, DOB or Gender between Aadhaar data and UAN data. Presently member and
employer are required to give joint request to concerned EPFO field office for correction in basic details.
Now this request can be given online by member and in turn employer can online forward the request
to concerned EPFO office.
Step 1: Member will login through his UAN/Password on Member Interface of Unified Portal
https://unifiedportal-mem.epfindia.gov.in/memberinterface/
Page 1 of 6
Step 3: Please provide the correct details as per Aadhaar (System will verify the details entered with
UIDAI- Aadhaar Data)
Step 4: On clicking “Update Details” on previous screen, request will be submitted to employer for
further approval. Before submission by employer, employee can withdraw the request by pressing
“Delete Request”
Page 2 of 6
Step 5: Employer will login to Employer Interface of Unified Portal
https://unifiedportal-emp.epfindia.gov.in/epfo/
Step 6: Employer can view the change requests submitted by employees by clicking on
“Member>Details Change Request”
Page 3 of 6
Step 7: Employer can view the online requests received from employees and can thus take appropriate
action by giving the proper remark.
Step 8: After approval of request, employer can see the latest status of request.
Page 4 of 6
Step 9: After approval of request by employer, request will appear as a task in login of Dealing Hand, of
concerned EPFO office, in the Field Office Interface of Unified Portal.
Step 10: Dealing Hand can login and view the online change requests by clicking “Member>Details
Change Request”
Page 5 of 6
Step 11: After due verification Dealing Hand can submit his/her recommendations to Section Supervisor.
The Dealing Assistant can put the case either for Approval or Rejection by selecting the appropriate
radio button i.e. Recommended for Approval or Recommended for Rejection with proper remarks.
In the same manner Section Supervisor can submit his/her recommendations to APFC/RPFC.
Page 6 of 6
GOVBRNMBNT OTT PI.JDI.JCHBRRY
Abstract
Labour Department Thc Puducherry Shops and Establishments Act, 1964
Issue of Notification for dcclaring various trstablishments under the Act Final
Notification Issued.
I,ABOUR DT'PARTMENT
ORDER:
The following Notification shall bc published in the extraordinary issue of
the Official Gazettc of Govcrnment of Puducherrv:-
NOTIITICATION
(E. VALLAVAN)
ADDITIONAL StrCRtrlARY TO GOVtrRNMENT
\r (LABOUR)
To /\o
The Director of Stationery & Printt"*1 with a rcquest to supply 50 copies of
Puducherry. thc notification to this Department.
Copy to:
fBireii : 09.11.2017
G C P P . — 1 5 4 / 5 — 2 5 , 0 0 0 C p s , (810)—27-4-2017.
PRO FORMA
2. Establishment name
3- Employer name
4. Premise No.
5. Street
7. Pin Code
8. Municipality / Commune
10 Establishment Email-ID
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I ION . I
TO NOTIFIL'A
ANNEXURE
s1. ResffictedHolidays
Date Days
No.
I 0 t - 0 r - 2 0 1 8Monday New Year
2. 0l -03-20r 8 Thursday Holi Festival
3. 22-03-2018 Thursday DevaraDasimayyaJayanthi
4. 3 r - 0 3 - 2 0 | 8 Saturday Holy Saturday
5. 20-04-20t8 Friday Jayanthi
Sri Shankaracharya
6. 2t -04-20t8Saturday Sri Ramanujacharya
Jayanthi
7. 02-05-2018 Wednesday Shab-e-Brath
8. l2-06-20t8 Tuesday Shab-e-Qadr
9. r8
r 5-06-20 Friday Jamatul-Wida
0. 24-08-20t8 Friday Sri Varamahalakshmi
Vratha,Tiru Onam
I 25-08-20r
8 Saturday Rig-Upakarma
2 . 27-08-2018 Monday BrahmaShriNarayanaGuru Jayanthi
3 . 12,09-2018 Wednesday SwamaGowri Vratha
4. l7-09-20r8 Monday Vishwakarma Jayanthi
5. 2 3 - 1 t - 2 0 t 8 Friday ShriGurunanak Jayanthi
6. 24-tt,2018 Saturday Huttarifestival
7 . 24-t2-2018 Monday ChristmasEve
Note:
2
-2-
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SL. DAYS
DATE PUBLICHOLIDAYS
No.
l 5 - 0 1 - 2 0 1 8 Monday UttarayanaPunyaKaalaSankranthiFestival
2 2 6 - 0 1 - 2 0 1 8 Friday RepublicDay
3 r 3-02-2018 Tuesday MahaShivaratri
4 29-03-2018 Thursday MahaveeraJayanthi
5 30-03-201
8 Friday Good Friday
6 l8-04-20
|8 Wednesday BasavaJayanthi
1 0l-05-2018 Tuesday May Day
8 r6-06-2018 Saturday Khutba-e-Ramzan
9 15-08-2018 Wednesday Independenceday
t0 22-08-20t8 Wednesday Bakrid
ll I l-09-2018 Thursday VarasiddhiVinayakaVrata
t2 2 r-09-2018 Friday LastDay of Moharam
l3 02-l0-2018 Tuesday GandhiJayanthi
14 0 8 - 1 0 - 2 0 1 8 Monday MahalayaAmavasye
15 l 8 - r 0 - 2 0 1 8 Thursday MahaNavami,Ayudhapooja
l6 r 9 - t 0 - 2 0 1 8 Friday Vijayadashami.
t7 24-10-2018 Wednesday MaharshiValmiki Jayanthi
t8 0 l - I l - 2 0 1 8 Thursday KannadaRajyothsava
t9 0 6 -I l - 2 0 1 8 Tuesday NarakaChaturdashi
20 0 8 - l - 2 0 1 8 Thursday Balipadyami,Deepavali
21 2 l - l t - 2 0 1 8 Wednesday ldd-Meelad
22 26-t1-20t8 Monday Kanakadasa Jayanthi
25-t2-2018 Tuesday Christmas
Day
Note:
2. l,ocal Holiday is declaredfbr Kodagu District only on accountof Huthri Festivalon 24.08.2018,
Saturday.Tula Sankamanais not includedas it falls on GeneralHoliday, Mahanavami.Ayudha
pooja(I 8. I 0.20I 8) Thursday.
To:
press,Bengalurufor Publicationin the Gazette
The Compiler,KarnatakaGazette,Government
andto supply1000copies
ORDER:-
The following Notification shall be published in the next issue of Andhra
Pradesh extra-ordinary Gazette:
NOTIFICATION
2. The State Government directs that all offices under State Government shall
remain closed on all Sundays and Second Saturdays in all the months during the
year 2018.
3. In addition to the above mentioned General Holidays in Annexure-I, the State
Government employees may avail themselves of Optional Holidays not exceeding
FIVE during the year 2018 on festival/occasions specified in Annexure-II to this
order, at their option and irrespective of the religion to which the festival pertains.
Permission to avail any of these holidays shall be applied for, in writing in advance
and shall normally be granted by the Superior Officers competent to grant casual
leave except when the presence of an individual employee is considered necessary in
exigencies of Government work.
4. The Government also directs that General Holidays shall not ipso-facto apply
to the Industrial Establishment and Public Undertakings under the control of the
State Government, the workmen engaged in Public Works Departments and
Educational Institutions in this State. Separate orders regarding the
festivals/occasions when these Institutions have to observe holidays shall be issued
by the concerned Administrative Department of the Secretariat.
5. If there is any change of date in respect of Idu’l Zuha, Muharram and id-e-
Milad as per the sighting of the moon or any other Hindu holiday as well, it shall be
announced through electronic / print media. All the Departments of Secretariat,
Heads of Departments and District Collectors shall take action according to such an
announcement and without waiting for formal order about the change of date.
Contd…2
//2//
// FORWARDED::BY ORDER //
SECTION OFFICER
ANNEXURE –I
(G.O.Rt.No.2437, G.A.(Poll.B) Dept., dt. 31-10-2017)
GENERAL HOLIDAYS
The following festivals occur on 2nd Saturday and Sunday during the year 2018
BHOGI/TAMIL NEW YEAR’S PAUSHA
1. 14.01.2018 SUNDAY
DAY * 24– 1939
PHALGUNA
2. UGADI 18.03.2018 SUNDAY
27- 1939
CHAITRA
3. SRI RAMA NAVAMI 25.03.2018 SUNDAY
04-1940
DR.B.R. AMBEDKAR’S CHAITRA
4. 14.04.2018 SATURDAY
BIRTHDAY 24-1940
(*) Both the General Holiday for Bhogi and O.H. for Tamil New Year’s day have
occurred on 14.1.2018.
( contd…..Annexure-II)
ANNEXURE – II
OPTIONAL HOLIDAYS
JYAISHTHA
9. SHAB-E-QADER 12.06.2018 TUESDAY
22-1940
JYAISHTHA
10. JUMMA TUL WADA 15.06.2018 FRIDAY
25-1940
SRAVANA
11. PARSI NEW YEAR’S DAY 17.08.2018 FRIDAY
26-1940
BHADRA
12. VARALAKSHMI VRATHAM 24.08.2018 FRIDAY
02-1940
BHADRA
13. EID-E-GHADEER 30.08.2018 THURSDAY
08-1940
9TH MUHARRAM (1440 BHADRA
14. 20.09.2018 THURSDAY
HIJRI) 29 - 1940
ASVINA
15. MAHALAYA AMAVASYA 08.10.2018 MONDAY
16-1940
KARTIKA
16. ARBAYEEN 30.10.2018 TUESDAY
08-1940
KARTIKA
17. NARAKA CHATURDHI 06.11.2018 TUESDAY
15-1940
KARTHIKA PURNIMA / AGRAHAN
18. 23.11.2018 FRIDAY
GURUNANAK JAYANTHI 02-1940
PAUSHA
19. CHRISTMAS EVE 24.12.2018 MONDAY
03-1940
PAUSHA
20. BOXING DAY 26.12.2018 WEDNSDAY
05-1940
PART – II
The following festival occurs on 2nd Saturday and Sunday during the year 2018.
O R D E R:
The following Notification shall be published in the next issue of Telangana extra-ordinary Gazette:
NOTIFICATION
The Government of Telangana hereby notifies that during the year 2018 the days specified in
Annexure-I (Part I) shall be observed as General Holidays by all the State Government Offices while the
days for other occasions/ festivals which fall on Sundays are shown in Annexure-I (Part II) and also notify
Optional Holidays for State Government offices as shown in Annexure-II( Part I) while the days for other
occasions/ festivals falling on Sundays are shown in Annexure II (Part II).
2. The State Government directs that all offices under State Government shall remain closed on all
Sundays and Second Saturdays in all the months during the year 2018, expect the Second Saturday
(10.02.2018) in the month of February, 2018 in lieu of public holiday declared on 1st January, 2018.
3. In addition to the above mentioned General Holidays in Annexure I (Part I), the State Government
employees may avail themselves of Optional Holidays not exceeding FIVE during the year 2018 on the
festival/occasions specified in Annexure-II (Part I) to this order, at their option and irrespective of the religion
to which the festival pertains. Permission to avail any of these holidays shall be applied for, in writing in
advance and will normally be granted by the Superior Officer competent to grant casual leave except when
the presence of an individual employee is considered necessary in exigencies of Government work.
4. The Government also directs that General Holidays shall not ipso-facto apply to the Industrial
Establishment and Public Undertakings under the control of the State Government, the workmen engaged
in Public Works Departments and Educational Institutions in this State. Separate orders regarding the
festivals/occasions when these Institutions observe holidays shall be issued by the concerned
Administrative Department of the Secretariat.
5. If there is any change of date in respect of Idu’l Fitar, Idu’l Zuha, Muharram and Id-e-Milad as per the
moon sight or any other holiday declared now, it shall be announced through electronic/print media. All the
Departments of Secretariat, Heads of Departments and District Collectors shall take action according to
such an announcement and without waiting for formal order about the change of date.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
S.P.SINGH
CHIEF SECRETARY TO GOVERNMENT
To
The Commissioner of Printing, Stationery and Stores Purchase, Chanchalguda, Hyderabad. (With a
request to publish the above Notification in the next issue of Telangana State Extra-Ordinary Gazette and
supply 200 copies to Government. )
The Home/Education/TR&B/Irr.&CAD(PW)/Agri.&Coop./Energy/Food& Civil Supplies/ AH&F/ EFS&ST/
Ind.&Com./B.C.Welfare /WD&CW/LE&T/YAT&C Department. (with a request to take necessary action in
the matter with reference to para 4 of the notification)
All other Departments of Secretariat
All Administrative Sections in General Administration Department
All Heads of Departments
All the Collectors & District Magistrates in the State.
The Resident Commissioner, Telangana Bhavan, No.1, Ashoka Road, New Delhi.
The Secretary to Govt. of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi.
The Chief Secretaries of all States and Union Territories
The Registrar General, High Court of Judicature for the State of Telangana and State of AP, Hyderabad
The Registrar, Institution of A.P., Lokayukta, Hyderabad.
The Secretary, Telangana Public Service Commission, Hyderabad.
All the Heads of Local Financial Institutions in Hyderabad.
The Principal Secretary to Governor, Telangana, Raj Bhavan, Hyderabad
The P.S. to C.M/Prl.Secy. to C.M./All P.Ss to Ministers/ P.S. to C.S./P.S. to Prl. Secy.(Poll)/P.A. to Dy.Secy.(Proto).
SF/SC
//FORWARDED :: BY ORDER//
SECTION OFFICER
ANNEXURE - I
GENERAL HOLIDAYS – 2018
PART - I
Sl. No. OCCASION/FESTIVAL DATE DAY SAKA-ERA
PAUSHA
1 NEW YEAR DAY 01-01-2018 MONDAY
11-1939
PAUSHA
2 SANKRANTI/PONGAL 15-01-2018 MONDAY
25 -1939
MAGHA
3 REPUBLIC DAY 26-01-2018 FRIDAY
6 -1939
MAGHA
4 MAHA SHIVARATRI 13-02-2018 TUESDAY
24 -1939
PHALGUNA
5 HOLI 01-03-2018 THURSDAY
10 -1939
CHITHRA
6 SRI RAMA NAVAMI 26-03-2018 MONDAY
5 -1940
CHITHRA
7 GOOD FRIDAY 30-03-2018 FRIDAY
9 -1940
BABU JAGJIVAN RAM’S CHITHRA
8 05-04-2018 THURSDAY
BIRTHDAY 15 -1940
JYAISHTHA
9 EIDUL FITAR (RAMZAN) 16-06-2018 SATURDAY
26-1940
SRAVANA
10 BONALU 06-08-2018 MONDAY
15-1940
SRAVANA
11 INDEPENDENCE DAY 15-08-2018 WEDNESDAY
24-1940
SRAVANA
12 EIDUL AZHA (BAKRID) 22-08-2018 WEDNESDAY
31-1940
BHADRA
13 SRI KRISHNA ASTAMI 03-09-2018 MONDAY
12-1940
BHADRA
14 VINAYAKA CHAVITHI 13-09-2018 THURSDAY
22-1940
SHAHADAT IMAM HUSSAIN
BHADRA
15 (A.S) 10th MOHARAM, 1493 21-09-2018 FRIDAY
30-1940
HIJRI
ASVINA
16 MAHATMA GANDHI JAYANTHI 02-10-2018 TUESDAY
10-1940
ASVINA
17 BATHUKAMMA STARTING DAY 09-10-2018 TUESDAY
17-1940
ASVINA
18 DURGASTAMI / MAHARNAVAMI 17-10-2018 WEDNESDAY
25-1940
ASVINA
19 VIJAYA DASAMI 18-10-2018 THURSDAY
26-1940
KARTIKA
20 DEEPAVALI 07-11-2018 WEDNESDAY
16-1940
KARTIKA
21 EID MILADUN NABI 21-11-2018 WEDNESDAY
30-1940
KARTIKA PURNIMA / GURU AGRAHAYANA
22 23-11-2018 FRIDAY
NANAK’S BIRTHDAY 2-1940
PAUSHA
23 CHRISTMAS 25-12-2018 TUESDAY
4 -1940
PAUSHA
24 BOXING DAY 26-12-2018 WEDNESDAY
5 -1940
PART – II
THE FOLLOWING FESTIVALS OCCUR ON SUNDAY & 2ND SATURDAY DURING THE YEAR 2018
PAUSHA
1 BHOGI 14-01-2018 SUNDAY
24 -1939
PHALGUNA
2 UGADI 18-03-2018 SUNDAY
27 -1939
2ND CHITHRA
3 DR.B.R. AMBEDKAR’S BIRTHDAY 14-04-2018
SATURDAY 24-1940
JYAISHTHA
4 FOLLOWING DAY OF RAMZAN 17-06-2018 SUNDAY
27-1940
NOTE: 10th February, 2018 (Second Saturday) is working day in lieu of public holiday declared on 1st January, 2018.
ANNEXURE - II
OPTIONAL HOLIDAYS – 2018
PART - I
Sl.No. OCCASION/FESTIVAL DATE DAY SAKA-ERA
PAUSHA
1 KANUMU 16-01-2018 TUESDAY
26 -1939
MAGHA
2 SRI PANCHAMI 22-01-2018 MONDAY
2 -1939
BIRTHDAY OF HZT. SYED
MAGHA
3 MOHAMMED JUVANPURI 01-02-2018 THURSDAY
12 -1939
MAHDI MA’UD (A.S.)
CHITHRA
4 MAHAVEER JAYANTHI 29-03-2018 THURSDAY
8 -1940
CHITHRA
5 BASAVA JAYANTHI 18-04-2018 WEDNESDAY
28 -1940
VAISAKHA
6 SHAB-E-BARAT 02-05-2018 WEDNESDAY
12-1940
JYAISHTHA
7 SHAHADAT HZT ALI (A.S.) 05-06-2018 TUESDAY
15-1940
JYAISHTHA
8 SHAB-E-QADER 12-06-2018 TUESDAY
22-1940
JYAISHTHA
9 JUMA-ATUL-WADA / 15-06-2018 FRIDAY
25-1940
SRAVANA
10 PARSI NEW YEAR’S DAY 17-08-2018 FRIDAY
26-1940
BHADRA
11 VARALAKSHMI VRATHAM 24-08-2018 FRIDAY
2-1940
BHADRA
12 EID-E-GHADEER 30-08-2018 THURSDAY
8-1940
BHADRA
13 9th MOHARRAM (1440H) 20-09-2018 THURSDAY
29-1940
KARTIKA
14 ARBAYEEN 30-10-2018 TUESDAY
8-1940
KARTIKA
15 NARAKA CHATURDHI 06-11-2018 TUESDAY
15-1940
AGRAHAYANA
16 YAZ DAHUM SHAREEF 19-12-2018 WEDNESDAY
28-1940
PAUSHA
17 CHRISTMAS EVE 24-12-2018 MONDAY
3-1940
PART - II
THE FOLLOWING FESTIVALS OCCUR ON SUNDAY & 2ND SATURDAY DURING THE YEAR
2018
BIRTHDAY OF HAZRATH ALI CHITHRA
1 01-04-2018 SUNDAY
(A.S.) 11 -1940
CHITHRA
2 SHAB-E-MERAJ 15-04-2018 SUNDAY
25 -1940
VAISAKHA
3 BUDDHA PURNIMA 29-04-2018 SUNDAY
9-1940
ASHADHA
4 RATHA YATHRA 14-07-2018 2ND SATURDAY
23-1940
SRAVANA PURNIMA / RAKHI BHADRA
5 26-08-2018 SUNDAY
PURNIMA 4-1940
NOTE:
1) Tamil New Year's day on 14.01.2018 (Sunday) which would have been Optional
Holiday is declared as General Holiday in view of Bhogi.
2) Maharnavami on 17.10.2018 which would have been Optional Holiday is
declared as General Holiday in view of Durgastami.
Madhya Pradesh Rajpatra Date -31-Oct-2017
Notification
No. F-3-2-2017-1-4. for Year 2018 following are general holidays for M.P. Govt. offices & establishments.
Note: 1. In this regard the Bank holidays will be followed under Sec.25 of Negotiable Instruments Act 1881(26 of
1881) conforming to the notification (identical number) dated 31.10.2017 published from this department.
No. F-3-2-2017-1-4. – As per the notification # 20-25-56-Pub-I, dated 08.06.1957 of Ministry of Home, Govt. of
India, read with Sec. 25 of Negotiable Instruments Act 1881(26 of 1881) in exercise to the powers given in the said
Act, the state govt. declares following public holidays as holidays for Govt. offices for the year 2017, apart from
which falls on Sunday.
Schedule
1- Shri Governor declares public holidays in the whole Uttar Pradesh on the specified date of
feasts / festivals, National festivals and the birth days of great men in the following list. By
using the rights as conformed by the Government of India, it is also made evident/clarified
that these public holidays will be considered as specified public holidays.
2- If any fest /festival, National festival and birth dates of the great men falls on the same
date/day; then in such a situation, the said public holiday will not be declared on a separate
consecutive day. The dates of all Public Holidays for the Year 2018 i.e., Shavant 1939-1940
and Vickram Shavant 20174-20175 (Under the Negotiable Instrument Act, 1881) will be as
quoted below:
-sd-
(Rajeev Kumar)
Chief Secretary
4- In addition to the above mentioned, Banks will be closed for the annual accounting on the
date as mentioned below:
6- According to the orders under the manual of Govt. Orders (Modified), 1981 Edition
Para-274 (C), the District Magistrates can declare maximum of 03 local holidays from
their powers; citing the reasons for which the concerned commissioner will be informed in
the beginning of each year. If there is a need to declare local holidays more than three days,
then the prior permission of the government has to be obtained.
7- Departmental offices and other departments in which five days working week is
applicable; local holidays will not be applicable as declared local holidays under the
executive orders and the District Magistrates mentioned in the prastar-6.
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Establishments in Bengaluru get one-month
deadline to display Kannada signboards
KJ George said that if the policy is not followed, the trade licenses of the shops will be cancelled
The pro-Kannada wave continues in Bengaluru, as the government’s own Kannada Development
Authority has demanded the mandatory usage of Kannada on signboards.
On Wednesday, Bengaluru Development Minister KJ George said that a one-month deadline has been
set for all commercial establishments to put up Kannada signboards.
“The order on mandatory use of Kannada in name boards of shops and commercial complexes will be
implemented strictly,” he said, speaking at the Rajyotsava celebrations organised by the Akhila
Karnataka Kannada Chalavali Kendra in Bengaluru.
At least 60% of the signboards of shops and commercial complexes need to be in Kannada, George said.
“If this policy is not followed, the BBMP will be directed to cancel the trade licences of the shops,” he
added.
Speaking on the sidelines of the Rajyotsava celebrations outside the Bruhat Bengaluru Mahanagara
Palike office, BBMP commissioner N Manjunath Prasad said that the policy will be implemented strictly.
“The BBMP already issued a circular about three months ago regarding the mandatory inclusion of
Kannada in name boards of shops and malls. We have pushed the deadline forward by a month. If the
signboards are not in Kannada even after this, their trade licenses will be cancelled,” he said.
The commissioner said that trade licences will be issued for new shops only if they have implemented
this rule.
“There is no question of not implementing this policy. The Kannada Development Authority had given
BBMP a three-month deadline, but the BBMP has extended it by a month. A meeting will be held shortly
to see the BBMP’s progress in implementing the policy,” Minister George also said.
Minister George went a step ahead and said that people from other states who come and reside in
Karnataka must learn Kannada and teach the language to their children as well.
When questioned if this amounted to language imposition, George said that “this is the state
government’s stand and there will be no question of going back on it. No compromise in this regard. If
people from other states come here they must learn Kannada.”
In 2009, the state government had decided to impose a fine of Rs 10000 on owners of shops who
refused to display Kannada signboards.
India in talks with Brazil for social security
agreement: EPFO
PTI
New Delhi, November 6:
Indians working in Brazil will soon be able to get social security cover by retirement fund body EPFO.
A senior official of the Employees’ Provident Fund Organisation (EPFO) said India is in talks with Brazil to
get social security cover for Indians going to the country for work.
He said the talks were in final stage and a proposal seeking nod from the Union Cabinet, on a bilateral
agreement to be signed between the countries, was likely to be sent soon.
Once the agreement is implemented, Brazil will be 19th country where Indian workers would be allowed
to opt out of any social security scheme run there and choose the facility provided by the EPFO.
India has operational social security agreements with Belgium, Germany, Switzerland, France, Denmark,
Republic of Korea, Grand Duchy of Luxembourg, the Netherlands, Hungary, Finland, Sweden, Czech
Republic, Norway, Austria, Canada, Australia, Japan and Portugal.
Workers going to any of the 18 countries can choose not to be part of the host country’s social security
scheme.
All they need to do is to visit the EPFO’s website and get a certificate of coverage (CoC). One can apply
for the CoC online and can get it there too.
A simple one-page application form is available on the EPFO’s website for the purpose, Central
Provident Fund Commissioner V P Joy had said.
“The scheme is of great help for Indian workers going overseas for a limited period of time. The biggest
benefit they get from opting for the CoC is that their money is not blocked for a long time in the host
country,” Joy had told PTI on Friday.
The EPFO is one of the largest social security providers in the world, covering 9.26 lakh establishments
with more than 4.5 crore members. It provides pension to 60.32 lakh pensioners every month.
An industry which does not the pay minimum wages to its workers has “no right to continue”, the Delhi
High Court has said, terming non-payment of such wages as “unconscionable and unpardonable”.
The employment of workmen without paying them the minimum wages constitutes a criminal offence
for which punitive sanctions are provided under the Minimum Wages Act, 1948, the High Court said.
The order was pronounced by the court as it allowed the petition of a gardener and dismissed the plea
of his employer, the Central Secretariat Club, on the issue of payment of minimum wages to him as
prescribed by the Delhi government.
Justice C. Hari Shankar directed the club to disburse to gardener Geetam Singh the difference in
payment between the wages paid and the minimum wages payable to him under the Act from
September 1, 1989, to September 1992, in addition to the amount awarded by the labour court.
The court also directed the club to pay ₹50,000 cost to the man for not complying with the labour
court’s order passed 14 years ago, directing it to pay ₹15,240 to Mr. Singh for the period between
October 1992 and September 1995.
It said the total amount to be paid to the man shall be given with an interest of 12% per annum from the
date of award, July 16, 2004, till the date of paying him and directed that the payment to be made
within four weeks of the passing of the order.
“Non-payment of minimum wages to a workman is unconscionable and unpardonable in law,” the court
said, adding ”... (the) discussion leaves no manner of doubt that minimum wages are the basic
entitlement of the workmen, and an industry which employs workmen without paying them minimum
wages has no right to continue.”
According to the order, Mr. Singh had worked with the club from September 13, 1989, till September 30,
1995.
Difference in wages
Advocate Anuj Aggarwal, appearing for Mr. Singh, submitted that the workman was entitled to be paid
difference in wages for the entire period from September 13, 1989 to September 30, 1995 and the
labour court materially erred in limiting the award of differential wages only to the period October 1992
to September 1995.
The club’s advocate said they were willing to pay ₹15,240 awarded by the Tribunal, which was the
difference between the wages paid to Mr. Singh and the minimum wages payable to him, for the period
October 1992 to September 1995.
Criminal liability
However, the court said: “Such magnanimity appeared to have dawned on the club too late in the day as
despite not obtaining any stay from this court, it was admitted that no payment in accordance with the
award had been made to the man and he had been paid only litigation expenses.
“This court is, therefore, constrained to observe that any reluctance, on the part of an employer, to
award minimum wages to a workman for the period during which he had admittedly worked, is not only
illegal and immoral but also invites criminal liability.
“Such an attitude (of the employer) erodes the very foundations of a socialist society, which, the
preamble of the Constitution professes us to be, and belies the promises held out to every citizen by the
Constitution,” it said.
Now You Can Settle Your PF Claims On
Government-run 'Umang' App
To enable its subscribers to check their PF Claim Status, Employees Provident Fund Organisation (EPFO)
has now joined the Umang App, a government-run virtual platform of nearly 200 government services.
Business | NDTV Profit Team | Updated: November 09, 2017 08:00 IST
If you are looking for your Provident Fund (PF) claim, you can download Umang App since EPFO is the
latest entrant to this app which is a one-stop solution for scores of public services. After All India Council
Of Technical Education (AICTE), crop insurance, National Council of Educational Research and Training
(NCERT), Pradhan Mantri Kaushal VikasYojana (PMKVY) and soil health card et al; Employees Provident
Fund Organisation (EPFO), too, has joined the Umang App, a govt-run virtual platform of nearly 100
government services.
Umang (Unified Mobile Application for New-Age Governance) was developed in collaboration with the
Ministry of Electronics and Information Technology (MeitY) and National e-Governance Division (NeGD).
Union minister Ravi Shankar Prasad tweeted about the Umang App recently.
It is an evolving platform designed for citizens of India to offer them access to the pan India e-Gov
services from the Central, State, Local Bodies, and Agencies of government on app, web, SMS, and IVR
channels. Apart from the Google Play Store and iOS, EPFO's website also enables you to the app's
download page.
On Umang App, you can avail these provident fund (PF) services
The Umang app provides three services to EPFO subscribers. A subscriber can view their passbook; raise
a claim for pension withdrawal, part withdrawal, and final settlement. One can also track the status of
claims already submitted. The passbook view feature can be accessed even if you decide not to link your
Aadhaar (UID). However, it is imperative to link your Aadhaar with your EPF account for the remaining
two services.
One feature missing as of now in the EPFO section of Umang app is that it does not allow to raise
transfer requests from one EPF account to your latest EPF account.
Earlier, EPFO had an app in the Google Play -m-EPF-which could show the passbook and the balance.
With EPFO connecting to Umang, mEPF has now been taken off and Umang is the only existing app that
provides EPFO services to subscribers.
EPFO is also working towards providing other services such as Aadhaar seeding, nominations and
pensioner-specific services through the Umang app.
City
MUMBAI: The Maharashtra government has moved a step closer towards a major labour reform which
will make it easier for factories in the state to shut down or lay off workers. A cabinet sub-committee
has cleared reforms to the Industrial Disputes Act 1947, which will allow 96% of the industrial units in
the state to close down and retrench workers without seeking government permission.
Currently, factories with less than 100 workers do not need government permission for closures and
layoffs. In line with the reforms already in place in BJP-ruled Rajasthan, the sub-committee has
suggested amending the law to extend the waiver to factories with less than 300 workers.
The proposal to amend the Industrial Disputes Act, 1947 is expected to be tabled in the state cabinet
next week. If cleared by, it will have to be passed by the state legislature. Since it is a central law, the
amendment will also need to be approved by the President.
Maharashtra has 37,234 factories employing 25.16 lakh workers. Currently, 87% of these factories
employ less than 100 workers and hence do not need government permissions for closures or lay-offs.
If the amendment goes through, 3,426 factories employing 5.84 lakh workers will be added to the
exempted category. In all, the waiver will then apply to 96.2% of factories.
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After the amendment, only 1,365 factories employing 11.37 lakh workers will need government
permission for closures and retrenchments. These make up 3.7% of all factories and 45% of workers.
State labour secretary Rajesh Kumar said the amendment would be beneficial both for labour and
industry. "It will help promote ease of business and also encourage employment of permanent workers.
Currently, employers tend to hire less than 100 permanent workers and take the rest on contract to
avoid the need for closure permissions," he said.
The amendment proposed by the sub-committee would also improve the compensation terms for
workers, he said. "It suggests three times the current compensation for workers who are retrenched,"
Kumar said.
However, labour unions say the reform will only lead to more unemployment and job insecurity. "The
experience in Rajasthan does not show that the reform leads to an increase in permanent employment.
In fact, by amending the Contract Labour Act, the state has made it easier to hire contract workers. So
why would factories hire permanent workers after this amendment?" asked CITU secretary Vivek
Monteiro.
On maternity benefits
Deepika Kinhal
November 14, 2017 00:15 IST
Updated: November 14, 2017 00:27 IST
It is time for the government to shoulder the financial responsibility
The amendments to the Maternity Benefit Act, which were introduced this year, in particular the
provision of 26 weeks of paid maternity leave and the mandatory crèche facility, are path-breaking, but
there are concerns over their feasibility. Recently, the Labour Ministry placed the financial burden of
implementing these measures squarely on the employers; this legitimises these concerns.
The amendments seek to improve infant mortality rate (34 per 1,000 live births) and maternal mortality
rate (167 per 100,000 live births), but the challenge lies in their implementation. The measures
introduced, particularly the crèche facility, are cost-intensive and may deter employers from hiring or
retaining pregnant women. A 2014 International Labour Organisation report specifically cautions against
making employers solely liable for the cost of maternity benefits for this reason. It advocates that
maternity benefits should be provided either through compulsory social insurance or public funds. In
fact, the Standing Committee on Labour in 2007 had suggested that the government should create a
corpus fund to partially sponsor the costs to be incurred by the employer to provide maternity benefits.
However, no government has shown the will to change this status quo even though the state and
society have much to gain from ensuring effective implementation of maternity benefits.
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A lost opportunity
To illustrate, one of the key goals of any maternity benefit policy is to facilitate breastfeeding by working
mothers. Studies have shown that health benefits that accrue to both the mother and her child by
breastfeeding are more than matched by economic returns at family, enterprise and national levels. A
2017 report released by the Global Breastfeeding Collective, led by UNICEF and the World Health
Organisation, has termed breastfeeding the “best investment in global health” generating $35 in global
return for every dollar invested. A ‘Global Breastfeeding Scorecard, 2017’ released by the Collective
shows that India spends an abysmal $0.15 (less than ₹10) per child to ensure that it meets the
breastfeeding guidelines. The report suggests that as things stand, India is poised to lose an estimated
$14 billion in its economy, or 0.70% of its Gross National Income, due to a high level of child mortality
and growing number of deaths in women from cancers and Type II diabetes, directly attributable to
inadequate breastfeeding.
It is time for the government to shoulder the financial responsibility of providing maternity benefits. This
could be implemented by enabling employers to seek reimbursement of the expenses incurred by them
in this respect. In addition, the government must find innovative and cost-effective ways to ensure that
working women are not forced to discontinue breastfeeding. A simple method is to express breast milk
and store it to be given to their children while they are away. The only provision that needs to be
provided by employers to facilitate this would be a clean and private pumping room.
Deepika Kinhal is a practicing advocate based in Bengaluru and a Senior Resident Fellow at Vidhi Centre
for Legal Policy
Ministry of Women and Child Development07-November, 2017 18:57 IST
Ajeet Mahale
Mumbai, November 20, 2017 00:00 IST
Updated: November 20, 2017 04:26 IST
Changed law exempts those with less than 10 employees from registration process
The State government’s delay in notifying changes to the Contract Labour Act has prompted the
Federation of Retail Traders Welfare Association (FRTWA) to direct members having less than 10
employees to wait till December first week to renew licenses issued by municipal bodies. The Act was
passed by the Legislative Assembly in August and has been approved by the Governor. The deadline for
renewing shop licences is December 15.
The State government had amended the Maharashtra Shops and Establishments (Regulation of
Employment and Conditions of Service) Act, 2017 for increased ease of doing business. Under the Act,
shops and businesses that employ less than 10 people won’t have to register themselves with the
government. Viren Shah, president, FRTWA, said, “We have asked all shopkeepers to not pay
registration fees to local municipal authorities, and have asked the latter to not harass small
shopkeepers for this. We want to know why it’s taking the government so long to enforce the Act. We’ll
be meeting the Union Labour Minister to find a solution.”
Once enforced, the Act will replace the old Maharashtra Shops and Establishments Act, 1948, bringing
relief to lakhs of small shopkeepers, among others. The deadline for renewing licenses is December 15,
failing which shopkeepers will have to pay a penalty. “This should not be required as the law is already
passed, and shopkeepers should get the benefits.,” Mr Shah said.
According to the FRTWA, there are over 30 lakh shopowners who fall under this category. City BJP
president Ashish Shelar said, “The Act has been passed and shopkeepers who employ fewer than 10
people need not fear.”
We have asked all shopkeepers to not pay registration fees to local municipal authorities, and have
asked the latter to not harass small shopkeepersViren ShahPresident, FRTWA
Protect yourself from unauthorized EPF
apps
With all the EPF-dedicated apps out there, it is now easy to track your provident fund. However, do you
know that only one app is authorized by the EPFO?
Most of us like to check our provident fund corpus frequently. We may also like to stay up to date about
progress of the processes that are involved in transfer of money from one account to another or in
withdrawing money. And there are many apps out there that claim to help us do all this over a mobile
phone. Plus, they are all free of cost.
But did you know that the ease of accessing all this information comes at a price? You pay for it by
sharing crucial personal details such as the Universal Account Number (UAN) and password. That’s not
all. You are likely to be sharing it with mobile apps or third-party applications, which do not have the
Employees’ Provident Fund Organisation’s (EPFO’s) sanction or certification to receive this information.
We are not saying that these are illegal, just that they have not been certified by the EPFO. And some of
these apps are very popular too. We came across at least six such apps on Google’s Play Store—
providing some EPFO-related information or service—which have seen over 500,000 downloads each.
These apps are: EPF Check Balance by Technical Likes; EPF Passbook, EPF Balance, PF Claim Status and
UAN by factoB; PF Balance and Claim Status by Arbaz Alam; EPF Balance, Passbook and EPFO Claim
status by ampower; EPF Balance Online | PF Status by EPF Office; and Check Your EPF Balance by S4 IT
Tech. Mint Money sent a set of questions through email to these app developers and got a reply only
from ampower.
One reason for the popularity of these apps could be that the EPFO does not have a dedicated app of its
own. A user review of the factoB app mentioned above sums it up. It reads: “Such a great app which
gives the information regarding the PF, which the original one (Govt PF app) isnt useful in doing (sic).”
Till recently, the EPFO had an app called m-EPF. It was unpublished because its services are now hosted
on the Umang app. Apart from the apps mentioned above, there are several others that have
downloads of over 100,000.
Just what drives the app developers to build these apps? And, is it wise to share critical information with
them? Let’s look into the details.
The EPFO has two websites for providing services to employees. One is a UAN Member Portal, which can
be used to update Know Your Customer (KYC) details, link Aadhaar number, link or update bank account,
and place and track transfer or withdrawal requests.
The other one is primarily used by employees to check their EPF passbook. The user ID for both the
websites is your UAN. And while activating the UAN through the UAN member portal, you create a
unique password, which can be used across both the EPFO sites mentioned above. These services are
also available on the Umang app, which gives access to over 200 services offered by central, state and
local government bodies. Despite these avenues, many other apps also offer to give you access to your
EPF data; if you share your personal details with them. So, is your personal information at risk?
Amit Jaju, head of forensic technology, EY India, said that a lot of these apps are not really independent
apps. They just provide an interface to access EPFO websites. The developer of one of these apps said
that these applications, essentially, act like web browsers with the EPF websites already bookmarked.
“Either that, or they are querying EPFO data in the background from the EPFO website and providing the
resulting information in their interface,” said Jaju.
In response to our questions, ampower said it does not have any tie-up with EPFO or the government
and all the services “are provided by the EPFO through different websites and other means which we
have brought under one app for user convenience.” This means, the app works as an aggregator of
EPFO-related information.
So, how are these apps able to access all the information so easily? V.P. Joy, central provident fund
commissioner of the EPFO, said, “When somebody makes an app and sends a request to our website,
the website doesn’t know if the request is coming through an app or if someone is typing directly on the
website. So our website will give the answer.”
This raises a question. Is it possible for these apps to save your user ID (UAN) and the related password
(credentials)? “None of the user information is stored in our system. The app works on a stand-alone
basis and is not connected to any external system. User data is stored only on (a user’s) mobile. The
information is as safe as the other information stored on mobile,” said the developer ampower. Jaju,
however, said that it is possible for an app to trick users and capture their credentials. “Possibly many of
these apps are malware and they have been put out there just to steal information. These apps can be
smart enough to bypass compliance and security checks of the application stores,” he added.
There could also be malicious intent behind building these apps. This intent, in extreme cases, could be
to steal information that can be used to withdraw money from your provident fund in an unauthorised
manner, Jaju said.
You know that when you download an app from the Play Store, the app asks for various permissions for
a variety of things, which could also include access to your SMS inbox. This is typically true for apps that
require an OTP for transactions to go through.
If you are using an uncertified app for using EPFO services and the app has permission to read the SMSs
on your phone, apart from other things, it leaves your EPF account vulnerable to hacking. This is so
because the UAN member portal authorizes requests like transfer or withdrawal of funds using an OTP
sent on the mobile phone linked with the UAN.
While most apps seek access to your UAN and password (which they need to do anything useful) in good
faith; when they also access your SMS inbox, there is a possibility that someone with criminal intent
could place a request and authorize the withdrawal of your EPF money.
The EPFO now hosts its services on the Umang app, which is not exclusive to EPFO. It is published by the
Ministry of Electronics and Information Technology; and is available on Google Play Store for Android
devices, App Store for iOS, and Microsoft Store for Windows devices. It is a common platform for
various government services such as gas booking, Aadhaar, crop insurance, EPF and National Pension
System.
With the de-publishing of m-EPF app, now Umang is the only officially approved app providing EPFO
services. “Our only official app now is the Umang app. We have not authorized anyone else to make any
app,” said Joy, adding that the unauthorized apps have come to the notice of EPFO and it is exploring
ways in which these can be controlled or taken down.
“Some of these apps are using our name and even our emblem. They have no right to do that,” Joy said.
One of the apps listed above is even using a misleading publishing name ‘EPFO Office’ and uses
‘pfofficeindia@gmail.com’ as its email ID. The fine print, in description, however mentions, “This is an
Unofficial App!”
So the next time you want to check your EPF balance, your EPF passbook, or want to make an online
request to the EPF, use the official Umang app. Not just for EPF, make it a standard practice to use apps
only from reliable developers and check their authenticity.
The Economic Times
Of late, ESIC has been receiving complaints of delays by state agencies to process medical
reimbursements and sometimes even efforts to bury them, said Raj Kumar, Director General,
Employees' State Insurance Corporation (ESIC), at an industry seminar here.
The corporation, he said, is firming up a plan to create societies under the Society Act in all state capitals
that will have a mandate to resolve ESIC reimbursement issues of the beneficiaries.
"For this purpose, the ESIC would be writing to all state governments, including the Centre, to make a
provisioning to this effect so that reimbursement issues relating to medical ailments of all its members
are not subject to states' budgetary exercises and other such bureaucratic routes," Kumar said at the
Employees' State Insurance seminar organised by PHD Chamber. Of late, ESIC has been receiving
complaints of delays by state agencies to process medical reimbursements and sometimes even efforts
to bury them.
"Creation of societies in the states will smoothen the functioning of the ESIC," Kumar added.
Besides, the ESIC will take approval from its board of directors to hire private medical practitioners and
doctors at ESIC hospitals, given a staff crunch. There are many under-served and unserved areas and
primary health care facilities will be extended to ESIC members in these areas too, he added.
Labour reforms: Ministry drops plan to
allow companies with up to 300 staff to
sack them
Labour ministry drops plan to allow firms with up to 300 staff lay off workers, rethinks curbs on unions.
By: Surya Sarathi Ray | New Delhi | Updated: November 30, 2017 7:11 AM
Labour ministry drops plan to allow firms with up to 300 staff lay off workers, rethinks curbs on unions.
(Image: Reuters)
Approaching the last year of its tenure and elections already on top of its mind, the Narendra Modi
government has decided to whittle down its ambitious labour reforms agenda. According to sources, a
key proposal to allow firms employing up to 300 people — against 100 now — to retrench/lay off
workers and/or close down without government approval has been removed from the Industrial
Relations Code (IR Code). The labour ministry is also having second thoughts on barring outsiders from
becoming office-bearers of trade unions in the organised sector and a few other proposals intended to
make unions with negotiating powers more representative, like a stipulation that at lest 10% of workers
are needed to form a union. The Centre has developed cold feet on these proposals even as eight states
including Madhya Pradesh, Rajasthan and Andhra Pradesh have already implemented all or most of
them.
Another major proposal in the IR Code is to introduce fixed-term employment — which was made
applicable in the textile and garment industries last year — in all sectors. If these proposals are
implemented, job creation will get a fillip as businesses will be encouraged to hire workers for seasonal
and other jobs. The code, on which tripartite consultations (trade unions, employers and the
government) are over and is in the final stages of drafting, will soon be sent to a group of ministers
headed by finance minister Arun Jaitley for consideration. It could be tabled in the budget session of
Parliament. The government had introduced in the last session of Lok Sabha the code on wages that
proposes a universal minimum wage for the entire working population, including unorganised sector
workers.
The wage code will subsume four existing central labour legislations — the Minimum Wages Act, 1948,
the Payment of Wages Act, 1936, the Payment of Bonus Act, 1965, and the Equal Remuneration Act,
1976. Another draft code on social security has been posted on the labour ministry’s website for public
comments. “Job creation needs a bold state. And, given the growing dissatisfaction around the same,
sending the rights signals is crucial. Hence, this roll-back is disappointing and is contrary to the central
theme of the present government,” said Rituparna Chakraborty, executive vice-president and co-
founder, Teamlease.
Immediately after assuming office, the present dispensation embarked on long-pending labour reforms
by proposing to amalgamate 44 existing labour Acts into four codes — on IR, wages, social security and
industrial safety and welfare — with the aim of simplifying them and ensuring a conducive and
harmonious environment for doing business. However, stiff opposition from trade unions, including the
RSS-affiliated Bharatiya Mazdoor Sangh, has slowed the reforms’ pace. Moody’s, which upgraded India’s
sovereign rating by a notch to Baa2 from the lowest investment grade ranking of Baa3, has stressed that
“a strong and durable recovery of the investment cycle as well as long-delayed land and labour market
reforms” could put upward pressure on its India rating. The IR Code will amalgamate the Trade Unions
Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947.
Under the code, outsiders (read professional politicians) will be barred from being office bearers of
trade unions in the organised sector and strikes can be resorted to only after 14 days’ notice. While
source said no decision has been taken on the former, the mandatory notice period for strikes is
retained in the final draft. The IR Code also proposes to enhance the severance pay from 15 days’ wages
for every completed year of service at present to 45 days’ wages.
The Modi government’s labour reforms agenda, in fact, has been holistic. As many steps are regarded as
industry-friendly, the proposed codes also seek to enhance the workers’ privileges. The code on wages,
for instance, proposes making minimum wage a statutory right and extending it to all employees —
currently the relevant Act applies to 51 “scheduled employments” only. In what is expected to reduce
the disparity in minimum wages across states, the central government will notify a “national minimum
wage” (below which no state can fix its minimum wages) and this will be revised every two years (five
years if the dearness allowance becomes part of the minimum wages).