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Quarter 2 Observation
2. Authorised It was also mentioned that fro
Representative of December onwards all wage
the Company have register maintained with date
not mentioned
date in the wage
register for few
employees
1. Three There is a checklist pertaining
Contractors have remittance of PF & ESI by the
not paid contractors within the 15th of t
Professional Tax for month which shows no violati
the month of as the internal deadline taken
November which is the company is 12th of the
on/before 21st of month
every month
2. It has been
observed in few
cases of some
contractors that
the ESI & PF
remittance is not
within the time
period
Quarter 3 Observation
3. It has been There is a overtime tracker
observed that in a ensuring that there is no
sample size of 50 violation of Quarterly limit whi
workmen is 50 hours as per Sec.59, Sec.
(contractual), 3 which is the weekly limit of 6
contractors of a hours and per day limit
particular month
were engaged in
overtime for more
than 60 hours in a
week violating
Sec.51 of The
Factories Act, 1948
Description
Washing Facilities
Washing Facilities
Ambulance Room
Canteens
Welfare officers
Record of white washing
Cleaniness
Overcrowding.
Lighting
Drinking water
Prohibition of
employment of young
children
Non-adult workers to
carry tokens
General duty of the
occupier.
General duties of
manufacturers, etc., as
regards articles and
substances for use in
factories
Work on or near
machinery in motion
Employment of young
persons on dangerous
machines.
Striking gear and
devices for cutting off
power.
Self-acting machines
Casing of new
machinery
Prohibition of
employment of women
and children near
cotton-openers
Hoists and lifts
Lifting machines,
chains, ropes and lifting
tackles
Pits, sumps, opening in
floors, etc.
Protection of eyes
Precautions against
dangerous fumes, gases,
etc.
Precautions regarding
the use of portable
electric light
Explosive or
inflammable dust, gas,
etc.
Precautions in case of
fire
Weekly hours
Weekly holidays
Compensatory holidays
Daily hours
Spreadover
Night shifts
Prohibition of
overlapping shifts
Extra wages for
overtime
Restriction on double
employment
Notice of periods of
work for adults
Register of adult
workers
Further restrictions on
employment of women
(1) 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.
(2) If, in, the opinion of the Chief Inspector, the workers in
any factory engaged in a particular manufacturing process or working
in a particular room are able to do their work efficiently in a
sitting position, he may, by order in writing, require the occupier of
the factory to provide before a specified date such seating
arrangements as may be practicable for all workers so engaged or
working.
(3) The State Government may, by notification in the Official
Gazette, declare that the provisions of sub-section (1) shall not
apply to any specified factory or class or description of factories or
to any specified manufacturing process.
(1) 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, and the number of such boxes or cupboards to be
provided and maintained shall not be less than one for every one hundred and
fifty workers ordinarily employed 1*[at any one time] in the factory.
(2) Nothing
except the prescribed contents shall be kept in a first-aid box or cupboard.
(3) Each first-aid box or cupboard shall be kept
in the charge of a separate responsible person [who holds a certificate in first-
aid treatment recognised by the State Government] and who shall always be
readily available during the working hours of the factory.
In every factory wherein more than five hundred workers are 5*[ordinarily
employed] there shall be provided and maintained an ambulance room of the
prescribed size, containing the prescribed equipment and in the charge of such
medical and nursing staff as may be prescribed 6*[and those facilities shall
always be made readily available during the working hours of the factory]
(1) The State Government may make rules requiring that in any specified
factory wherein more than two hundred and fifty workers are ordinarily
employed, a canteen or canteens shall be provided and maintained by the
occupier for the use of the workers.
(2) Without
prejudice to the generality of the foregoing power, such rules may provide for--
(a) the date by which such canteen shall be provided; (b) the standards in
respect of construction, accommodation, furniture and other equipment of
the canteen; (c) the foodstuffs to be served therein and the charges which may
be made therefor; (d) the constitution of a managing committee for the
canteen and representation of the workers in the management of the canteen;
1*[(dd) the items of expenditure in the running of the canteen which are not
to be taken into account in fixing the cost of foodstuffs and which shall be
borne by the employer;] (e) the delegation to the Chief Inspector, subject to
such conditions as may be prescribed, of the power to make rules under
clause (c).
Shelters, rest rooms and lunch rooms. 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.
(1) In every factory wherein more than 1 [thirty women workers] are ordinarily
employed there shall be provided and 1. Subs. by Act 94 of 1976, s. 23, for
"fifty women workers" (w.e.f. 26-10-1976). 61 maintaained a suitable room or
rooms for the use of children under the age of six years of such women
(2) Such rooms shall provide adequate accommodation, shall be
adequately lighted and ventilated, shall be maintained in a clean and sanitary
condition and shall be under the charge of women trained in the care of
children and infants
(3) The State
Government may make rules-- (a) prescribing the location and the standards in
respect of construction, accommodation, furniture and other equipment of
rooms to be provided under this section; (b) requiring the provision in
factories to which this section applies of additional facilities for the care of
children belonging to women workers, including suitable provision of facilities
for washing and changing their clothing; (c) requiring the provision in any
factory of free milk or refreshment or both for such children; (d) requiring that
facilities shall be given in any factory for the mothers of such children to feed
them at the necessary intervals.
(1) In every factory wherein five hundred or more workers are ordinarily
employed the occupier shall employ in the factory such number of welfare
officers as may be prescribed.
(2) The State Government may prescribe the duties, qualifications 38 and
conditions of service of officers employed under sub-section.
Every factory shall be kept clean and free from effluvia arising from any drain,
privy or other nuisance, and in particular-
(a) accumulation of dirt and refuse shall be removed daily by
sweeping or by any other effective method from the floors and benches of
workrooms and from staircases and passages, and disposed of in a suitable
manner.
(b) the floor
of every workroom shall be cleaned at least once in every week by washing,
using disinfectant, where necessary, or by some other effective method.
(c)
where a floor is liable to become wet in the course of any manufacturing
process to such extent as is capable of being drained, effective means of
drainage shall be provided and maintained. (d) all
inside walls and partitions, all ceilings or tops of rooms and all walls, sides and
tops of passages and staircases shall- where they are [painted otherwise
than with washable water-paint] or varnished, be repainted or revarnished at
least once in every period of five years.
where they are painted or varnished or where they have smooth impervious
surfaces, be cleaned at least once in every period of fourteen months by such
method as may be prescribed;
(4) The State Government may prescribe standards of sufficient and suitable
lighting for factories or for any class of description of factories or for any
manufacturing process.
(1) In every factory effective arrangements shall be made to provide and
maintain at suitable points conveniently situated for all workers employed
therein a sufficient supply of wholesome drinking water. (2) All
such points shall be legibly marked "drinking water" in a language understood
by majority of the workers employed.
(3) In every factory wherein more than two hundred and fifty
workers are ordinarily employed, provision shall be made for cooling drinking
water during hot weather by effective means and for distribution thereof. (4)
In respect of all factories or any class or description of factories the State
Government may make rules for securing compliance with the provisions of
sub-sections (1), (2) and (3) and for the examination by prescribed authorities
of the supply and distribution of drinking water in factories.
No child who has not completed his fourteenth year shall be required or
allowed to work in any factory.
A child who has completed his fourteenth year or an adolescent shall not be
required or allowed to work in any factory unless-
(a) a certificate of fitness granted with reference to him under section 69 is in
the custody of the manager of the factory, and
(b) such child or adolescent carries while he is at work a token giving a
reference to such certificate.
Every occupier shall ensure, so far as is reasonably practicable, the health,
safety and welfare of all workers while they are at work in the factory. Without
prejudice to the generality of the provisions of sub-section:- (1) the matters to
which such duty extends, shall include-
(a) the provision and maintenance of plant and systems of work in the factory
that are safe and without risks to health;
(b) the arrangements in the factory for ensuring safety and absence of risks to
health in connection with the use, handling, storage and transport of articles
and substances;
(c) the provision of such information, instruction, training and supervision as
are necessary to ensure the health and safety of all workers at work;
(d) the maintenance of all places of work in the factory in a condition that is
safe and without risks to health and the provision and maintenance of such
means of access to, and egress from, such places as are safe and without such
risks;
(e) the provision, maintenance or monitoring of such working environment in
the factory for the workers that is safe, without risks to health and adequate
as regards facilities and arrangements for their welfare at work.
(a) ensure, so far as is reasonably practicable, that the article is so designed
and constructed as to be safe and without risks to the health of the workers
when properly used;
(b) carry out or arrange for the carrying out of such tests and examination as
may be considered necessary for the effective implementation of the
provisions of clause (a).
(c) take such steps as may be necessary to ensure that adequate information
will be available
(i) in connection with the use of the article in any factory;
(ii) about the use for which it is designed and tested; and
(iii) about any conditions necessary to ensure that the, when put to such use,
will be safe, and without risks to the health of the workers.
(1) without prejudice to any other provision of this Act relating to the fencing
of machinery, every set screw, bolt and key on any revolving shaft, spindle,
wheel or pinion, and all spur, worm and other toothed or friction gearing in
motion with which such worker would otherwise be liable to come into
contact, shall be securely fenced to prevent such contact.
(2) No woman 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 of injury from any moving
part either of that machine or of any adjacent machinery.
(b) driving belts when not in use shall not be allowed to rest or ride upon
shafting in motion
(a) 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.
(b) 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.
(b) every hoist way and lift way shall be sufficiently protected by an enclosure
fitted with gates, and the hoist or lift and every such enclosure shall be so
constructed as to prevent any person or thing from being trapped between
any part of the hoist or lift and any fixed structure or moving part;
(c) the maximum safe working load shall be plainly marked on every hoist or
lift, and no load greater than such load shall be carried thereon;
(d) the cage of every hoist or lift used for carrying persons shall be fitted with a
gate on each side from which access is afforded to a landing;
(e) every gate referred to in clause (b) or clause (d) shall be fitted with
interlocking or other efficient device to secure that the gate cannot be opened
except when the cage is at the landing and that the cage cannot be moved
unless the gate is closed.
All parts, including the working gear, whether fixed or movable, of every lifting
machine and every chain, rope or lifting tackle shall be:-
(i) of good construction, sound material and adequate strength and free from
defects;
(1) In every factory every fixed vessel, sump, tank, pit or opening in the ground
or in a floor which by reason of its depth, situation, construction or contents, is
or may be a source of danger, shall be either securely covered or securely
fenced.
(2) The State Government may, by order in writing, exempt, subject to such
conditions as may be prescribed, any factory or class or description of factories
in respect of any vessel, sump, tank, pit or opening from compliance with the
provisions of this section.
(1) In every factory every fixed vessel, sump, tank, pit or opening in the ground
or in a floor which by reason of its depth, situation, construction or contents, is
or may be a source of danger, shall be either securely covered or securely
fenced.
(2) The State Government may, by order in writing, exempt, subject to such
conditions as may be prescribed, any factory or class or description of factories
in respect of any vessel, sump, tank, pit or opening from compliance with the
provisions of this section.
(a) risk of injury to the eyes from particles or fragments thrown off in the
course of the process, or
(b) risk to the eyes by reason of exposure to excessive light, the State
Government may by rules require that effective screens or suitable goggles
shall be provided for the protection of persons employed on, or in the
immediately vicinity of, the process.
No person shall be required or allowed to enter any chamber, tank, vat, pit,
pipe, flue or other confined space in any factory in which any gas, fume, vapor
or dust is likely to be present to such an extent as to involve risk to persons
being overcome thereby, unless it is provided with a manhole of adequate size
or other effective means of egress.
(1) In every factory, all practicable measures shall be taken to prevent outbreak
of fire and its spread, both internally and externally, and to provide and
maintain-
(a) safe means of escape for all persons in the event of a fire, and
(2) Effective measures shall be taken to ensure that in every factory all the
workers are familiar with the means of escape in case of fire and have been
adequately trained in the routine to be followed in such cases.
If it appears to the Inspector that any building or part of a building or any part
of the ways, machinery or plant in a factory is in such a condition that it is
dangerous to human life or safety, he may serve on [the occupier or manager
or both] of the factory an order in writing specifying the measures which in his
opinion should be adopted, and requiring them to be carried out before a
specified date.
If it appears to the Inspector that any building or part of a building in a factory
is in such a state of disrepair as is likely to lead to conditions detrimental to the
health and welfare of the workers, he may serve on the occupier or manager
or both of the factory an order in writing specifying the measures which in his
opinion should be taken and requiring the same to be carried out before such
date as is specified in the order.
No 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, save in such
circumstances as may be prescribed
(1) There shall be displayed and correctly maintained in every factory in
accordance with the provisions of sub-section (2) of section 108, a notice of
periods of work for adults, showing clearly for every day the periods during
which adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed
beforehand in accordance with the following provisions of this section, and
shall be such that workers working for those periods would not be working in
contravention of any of the provisions of sections 51, 52, 54, 78[55, 56 and
58.].
(3) Where all the adult workers in a factory are required to work during the
same, periods, the manager of the factory shall fix those periods for such
workers generally.
(4) Where all the adult workers in a factory are not required to work during the
same periods, the manager of the factory shall classify them into groups
according to the nature of their work indicating the number of workers in each
group.
(5) For each group which is not required to work on a system of shifts, the
manager of the factory shall fix the periods during which the group may be
required to work.
The manager of every factory shall maintain a register of adult workers, to be
available to the Inspector at all times during working hours, or when any work
is being carried on in the factory, showing
(a) the name of each adult worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to which he is allotted; and
(e) such other particulars as may be prescribed
Responsibility for
Contract Labour(Regulation & 21 payment of
Abolition Act, 1970) wages
Contract Labour(Regulation & 22 NIL Obstructions
Abolition Act, 1970)
Contravention of
provisions
Contract Labour(Regulation & 23 NIL regarding
Abolition Act, 1970) employment of
contract labour
Registers and
Contract Labour(Regulation & 29 NIL other records to
Abolition Act, 1970) be maintained
NA
Act Section Rules
Continuous Service
Controlling Authority
Compulsory Insurance
Determination of the
amount of Gratuity
Recovery of Gratuity
Exemption of employer
from liability in certain
cases
Protection of gratuity
Validation of payment of
gratuity
Continuance of payment of
maternity benefit in certain cases
Nursing breaks
Dismissal during absence or
pregnancy
Fixation of wage-
periods
Time of payment of
wages
Wages to be paid in
current coin or
currency notes
Deductions for
absence from duty
Deductions for
damage or loss
Computation of gross
Payment of Bonus Act, 1965 3 profits
Computation of gross
Payment of Bonus Act, 1965 4 profits
Computation of available
Payment of Bonus Act, 1965 5 surplus
Payment of minimum
Payment of Bonus Act, 1965 10 bonus
Payment of maximum
Payment of Bonus Act, 1965 11 bonus
Proportionate reduction in
Payment of Bonus Act, 1965 13 bonus in certain cases.
Computation of number
Payment of Bonus Act, 1965 14 of working days
Adjustment of customary
or interim bonus against
Payment of Bonus Act, 1965 17 bonus payable under the
Act
Maintenance of register,
Payment of Bonus Act, 1965 26 records
Overtime
Bar of suits
Contracting out
Exemptions and exceptions
Validation of fixation of
certain minimum rates of
wages
Particular COMPLIANCE
(1) The appropriate Government shall, in the manner
hereinafter provided,
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
(1) Any minimum
minimum rates of rate
wagesof wages fixedclause
under this or revised bywhole
for the the
appropriate
State, fix suchGovernment in respect
rates for a part of the of scheduled
State or for any
employments
specified classunder section
or classes 3 may
of such consist of--in
employment (i)the
a basic
whole
rate
State.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
In fixing
wages minimum
with ratesthe
or without of cost
wages of in respect
living of any and the
allowance,
scheduled
cash value employment for theinfirst
of the concessions timeof
respect under this of
supplies Act or
in revisingcommodities
essential minimum rates of wages sorates,
at concession fixed,where
the so
appropriate
authorized. Government shall either-
(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 (b)
by notification in the Official Gazette, publish its proposals
for the information of persons likely to be affected
(1) Where
thereby andinspecify
respecta of anynot
date, scheduled
less thanemployment
two monthsa from
notification under
the date of the section 5 on
notification, is in force,the
which theproposals
employerwillshall
be
pay to every employee
taken into consideration. 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
authorized 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).
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 an specified
class of employees and for the payment of remuneration
Where
in respectan employee,
of such dayswhose minimum rate of wages is
of rest;
fixed under for
(c) provide thispayment
Act by the forhour,
workbyonthe dayoforrest
a day by such a
at a rate
longer
not lesswage-period as mayrate.
than the overtime 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,
Wages of worker
whichever is who works for less than normal working
day.-
higher.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
Where ancase where does
employee his failure
two ortomore
work classes
is causedof by histo
work
unwillingness
each of which to work andminimum
a different not by the omission
rate of wagesof is
the
employer
applicable,tothe provide him with
employer shall work,
pay toand
such employee in
(ii) in such other cases and circumstances
respect of the time respectively occupied in as each
may besuch
prescribed.
class of work, wages at not less than the minimum rate in
force
Whereinan respect of each
employee is employed on piece work for which
such class.
minimum time rate and not a minimum piece rate has
been fixed under this Act, the employer shall pay to such
employee wages at not less than the minimum time rate.
(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
(1) [Subject
case of out- to such rules as may be prescribed, a single
application]
workers, in such factory, workshop or place as may be
may be
used for presented
giving under section 20 on behalf or in respect
Subs. by Act
out-work to 30 of 1957,
them, s. 13,
notices for prescribed
in the "A single form
application".214 of any number of employees employed in
containing prescribed
the scheduled employment in respect of which minimum
particulars.
rates of wages have been fixed and in such cases the
maximum compensation which may be awarded under
sub-section
Any employer (3)who--
of section 20 shall not exceed ten times the
aggregate
(a) pays toamount of suchless
any employee excess
than[or ten
the rupees per
minimum head,
rates of
as the case may be].
wages fixed for that employee's class of work, or less than
the amount due to him under the provisions of this Act, or
(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.
(1) If the person committing any offence under this Act is
a company, every person who at the time the offence was
committed, was incharge 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
No
andCourt shall
shall be entertain
liable any suit foragainst
to be proceeded the recovery of wages
and punished
in so far as the sum so claimed--
accordingly.
(a) forms the subject
Explanation.--For of an application
the purposes under section 20
of this section,--
which has beenmeans
(a) "company" presented by or corporate
any body on behalf ofandthe
includes a
plaintiff,
firm or association of individuals, and
or other
(b)"director"
(b) has formed in the subject
relation to aoffirm
a direction
means aunder that
partner in the
section
firm. in favour of the plaintiff, or
(c) has been adjudged in any proceeding under that
section not to be due to the plaintiff, or
(d) could have been recovered by an application under that
section.
Any contract or agreement, whether made before or after
the commencement of this Act, whereby an employee
either relinquishes or reduces his right to a minimum rate
of wages or any privilege or concession accruing to him
under this Act shall be null and void in so far as it purports
to reduce the minimum rate of wages fixed under this Act.
(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
(a) employed
commencing on thein1st
anyday
scheduled
of April,employment or to
1952, and ending
any locality
with where
the date there
of the is carried on of
commencement a scheduled
the Minimum
employment.
Wages (Amendment) Act, 1954 (26 of 1954);
(b) commencing on the 31st day of December, 1954, and
ending with the date of the commencement of the
Minimum Wages (Amendment) Act, 1957 (30 of 1957)
(c) commencing on the 31st day of December, 1959, and
ending with the date of the commencement of the
Minimum Wages (Amendment) Act, 1961 (31 of 1961)
ACT Section Rules
Apprentices Act 3
Apprentices Act 4
Apprentices Act 5
Apprentices Act 6
Apprentices Act 7
Apprentices Act 11
Apprentices Act 13
Apprentices Act 14
Apprentices Act
Apprentices Act 15
Apprentices Act 16
Apprentices Act 19
Apprentices Act 20
Apprentices Act 30
Apprentices Act 32
Apprentices Act 36
Description
CONTRACT OF APPRENTICESHIP
OBLIGATIONS OF EMPLOYERS
PAYMENT TO APPRENTICES
SETTLEMENT OF DISPUTES
OFFENCES BY COMPANIES
(1) The weekly and daily hours of work of an apprentice while undergoing practical trai
in a workshop shall be such as may be prescribed.
(2) No apprentice shall be required or allowed to work overtime except with the appro
of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied t
such overtime is in the interest of the training of the apprentice or in the public intere
(3) An apprentice shall be entitled to such leave as may be prescribed and to such holid
as are observed in the establishment in which he is undergoing training.
If personal injury is caused to an apprentice, by accident arising out of and in the cours
his training as an apprentice, his employer shall be liable to pay compensation which s
be determined and paid, so far as may be, in accordance with the provisions of the
Workmen's Compensation Act, 1923 (8 of 1923), subject to the modifications specified
the Schedule.
(1) Every employer shall maintain records of the progress of training of each apprenti
undergoing apprenticeship training in his establishment in such form as may be
prescribed. (2) Every such employer shall also furnish such information and returns i
such form, to such authorities and at such intervals as may be prescribed.
(1) Any disagreement or dispute between an employer and an apprentice arising out
the contract of apprenticeship shall be referred to the Apprenticeship Adviser for decis
(2) Any person aggrieved by the decision of the Apprenticeship Adviser under sub-secti
(1) may, within thirty days from the date of communication to him of such decision, pre
an appeal against the decision to the Apprenticeship Council and such appeal shall b
heard and determined by a Committee of that Council appointed for the purpose.
(1) If any employer – (a) engages as an apprentice a person who is not qualified for be
(3) Theso decision
engaged,of the Committee
or (b) under
fails to carry outsub-section
the terms and (2) and subjectof
conditions only to such of
a contract decis
the decision of
apprenticeship, or the Apprenticeship
(c) contravenes the Adviser
provisions under sub-section
of this (1) to
Act relating shall
thebenumber
final. o
apprentices which he is required to engage under those provisions, he shall be punisha
with imprisonment for a term which may extend to six months or with fine or with bo
(2) If any employer or any other person – (a) required to furnish any information or ret
– (i) refuses or neglects to furnish such information or return, or (ii) furnishes or cause
be furnished any information or return which is false and which he either knows or
believes to be false or does not believe to be true, or (iii) refuses to answer, or gives a f
answer to any question necessary for obtaining any information required to be furnish
by him, or (b) refuses or willfully neglects to afford the Central or the State Apprentices
(1) If theor
Adviser person committing
such other person, annot
offence
belowunder
the rankthis of
ActanisAssistant
a company, every personAdvis
Apprenticeship who
the time
as may the offence
be authorized by was committed
the Central wasState
or the in charge of, and was
Apprenticeship responsible
Adviser to, the
in writing in t
company
behalf anyfor the conduct
reasonable of business
facility of the
for making anycompany, as well asexamination
entry, inspection, the company, orshall
inquir b
deemedbytoorbe
authorized guiltythis
under of the
Act,offence and shall
or (c) requires anbe liable to be
apprentice to proceeded
work overtime against and
without
approval of the Apprenticeship Adviser, punished accordingly
or (d) employs an : apprentice on any work whic
not connected with his training, or (e) makes payment to an apprentice on the basis
Provided
piecework, thatornothing contained
(f) requires in this sub-section
an apprentice to take part shall render
in any any bonus
output such person liable
or incentiv
such punishment
scheme, he shallprovided in this Act
be punishable withifimprisonment
he proves thatfor thea offence was may
term which committed
extendwithto s
his
No knowledge or thatorheother
suit, prosecution exercised
months allwith
legal or due diligence
proceedingfine shall
or withto
lie prevent
both. the person
against any commission of suc
for anythin
which is in good faith done oroffence. intended to be done under this Act.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this
has been committed by a company and it is proved that the offence has been committ
with the consent or connivance of, or is attributable to any negligence on the part of, a
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 b
liable to be proceeded against and punished accordingly.
Authentication of orders,
ESIC 7 decisions, etc
Constitution of Standing
ESIC 8 Committee
ESIC 13 Disqualification
ESIC 14 Filling of vacancies
Meetings of Corporation,
ESIC 20 Standing Committee and Medical
Benefit Council
Supersession of the Corporation
ESIC 21 and Standing Committee
General provisions as to
ESIC 42 payment of contributions
ESIC 43 Method of payment of contribution
Employers to furnish returns and
ESIC 44 maintain registers, in certain
cases.
[Social Security Officers], their
ESIC 45 functions and duties
Determination of contributions
ESIC 45A in certain cases.
Presumption as to accident
ESIC 51-A arising in course of employment
Accidents happening while
ESIC 51-B acting in breach of regulations,
etc
Subject to any rules made under this Act, the Corporation, the
Standing Committee and the Medical Benefit Council shall meet at
such times and places and shall observe such rules of procedure in
regard to transaction of business at their meetings as may be
specified in the regulations made in this behalf.
under this sub-section the Central Government shall give a
reasonable opportunity to the Corporation or the Standing
Committee, as the case may be, to show cause why it should not be
superseded and shall consider the explanations and objections, if
any, of the Corporation or the Standing Committee, as the case may
be. (2) Upon the publication of a notification under sub-section (1)
superseding the Corporation or the Standing Committee, all the
members of the Corporation or the Standing Committee, as the
case may be, shall, as from the date of such publication, be deemed
to have vacated their offices. (3) When the Standing Committee has
been superseded, a new Standing Committee shall be immediately
constituted in accordance with section 8. (4) When the Corporation
has been superseded, the Central Government may — (a)
immediately 1[appoint] or cause to be 2[appointed] or elected new
members to the Corporation in accordance with section 4 and may
constitute a new Standing Committee under section 8 ; (b) in its
discretion, appoint such agency, for such period as it may think fit,
to exercise the powers and perform the functions of the
Corporation and such agency shall be competent to exercise all the
powers and perform all the functions of the Corporation. (5) The
Central Government shall cause it full report of any action taken
under this section and the circumstances leading to such action to
be laid before 3[Parliament] at the earliest opportunity and in any
case not later than three months from the date of the notification
superseding the Corporation or the Standing Committee, as the
case may be.
(1) Any decision awarding dependants’ benefit under this Act may
be reviewed at any time by the Corporation if it is satisfied by fresh
evidence that the decision was given in consequence of non-
disclosure or misrepresentation by the claimant or any other
person of a material fact (whether the non-disclosure or
misrepresentation was or was not fraudulent) or that the decision is
no longer in accordance with this Act due to any birth or death or
due to the marriage, re-marriage, or cessor or infirmity of, or
attainment of the age of eighteen years by, a claimant. (2) Subject
to the provisions of this Act, the Corporation may, on such review as
aforesaid, direct that the dependants’ benefit be continued,
increased, reduced or discontinued.]
any 1[period] for which contributions are payable in respect of him
or in which he is qualified to claim sickness benefit or maternity
benefit 2[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 :
3[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 : 4[Provided
also that an insured person who has attained the age of
superannuation, a person who retires under a Voluntary Retirement
Scheme or takes premature retirement, and his spouse shall be
eligible to receive medical benefits subject to payment of
contribution and such other conditions as may be prescribed by the
Central Government.] Explanation. — In this section, “
superannuation ”, in relation to an insured person, means the
attainment by that person of such age as is fixed in the contract or
conditions of service as the age on the attainment of which he shall
vacate the insurable employment or the age of sixty years where no
such age is fixed and the person is no more in the insurable
employment
(1) An insured person and (where such 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 1[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.
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 thereof and of any excess in the incidence of sickness
benefit to insured persons between the Corporation and the
1[State] Government. (4) In default of agreement between the
Corporation and any 1[State] Government as aforesaid, the nature
and extent of the medical treatment to be provided by the 1[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 an arbitrator (who shall be or shall have been a
Judge of the 2[High Court 3[of a State]]) appointed by the Chief
Justice of India and the award of the arbitrator shall be binding on
the Corporation and the 1[State] Government. 4[(5) The State
Government may, in addition to the Corporation under this Act,
with the previous approval of the Central Government, establish
such organisation (by whatever name called) to provide for certain
benefits to employees in case of sickness, maternity and
employment injury : Provided that any reference to the State
Government in the Act shall also include reference to the
organisation as and when such organisation is established by the
State Government. (6) The organisation referred to in sub-section
(5) shall have such structure and discharge functions, exercise
powers and undertake such activities as may be prescribed.
COMPLIANCE
s an arrear of land revenue.
ACT Section Rules
11[(2) Clerical or
Certifying Officers arithmetical mistakes in
and appellate any order passed by
authorities to have Certifying Officer or
powers of civil court appellate authority, or
errors arising therein
from any accidental slip or
omission may, at any
time, be corrected by that
officer or authority or the
successor in office of such
officer or authority, as the
case may be.]
No oral evidence
having the effect of
Oral evidence in adding to or otherwise
contradiction of varying or contradicting
standing orders not standing order as finally
admissible certified under this Act
shall be admitted in any
court.
establishment and
ending with the date on
which the standing
orders as finally
certified under this Act
come into operation
under section 7 in that
establishment, the
prescribed model
standing order shall be
deemed to be adopted
Temporary
Application of in that establishment,
Standing Orders and the provisions of
section 9, sub-section
(2) of section 13 and
section 13A shall apply
to such model standing
orders as they apply to
the standing orders so
certified.
(2) Nothing contained in
sub-section (1) shall
apply to an industrial
establishment in
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 or his industrial
Penalties and establishment shall be
procedure 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
interpretation of a
standing order certified
under this Act, any
employer or
workman 9[or a trade
union or other
representative body of
the workmen], may refer
the question to any of the
Labor Courts constituted
under the Industrial
Disputes Act, 1947 (14 of
Interpretation, etc., 1947), and specified for
of standing orders the disposal of such
proceeding by the
appropriate government
by notification in the
Official Gazette, and the
Labor Court to which the
question is so referred
shall after giving the
parties an opportunity of
being heard, decide the
question and such
decision shall be final and
binding on the parties.]
ACT Section Rules
EQUAL 4
REMUNERATION ACT
EQUAL 5
REMUNERATION ACT
EQUAL 7
REMUNERATION ACT
EQUAL 8
REMUNERATION ACT
EQUAL 11
REMUNERATION ACT
EQUAL 15
REMUNERATION ACT
EQUAL 16
REMUNERATION ACT
EQUAL 3
REMUNERATION ACT
EQUAL 4
REMUNERATION ACT
EQUAL 5
REMUNERATION ACT
EQUAL 6
REMUNERATION ACT
Description
Authorization
On and from the commencement of this Act, no employer shall, while making recruitm
same work or work of a similar nature, [or in any condition of service subsequent to rec
as promotions, training or transfer,] make any discrimination against women except wh
employment of women in such work is prohibited or restricted by or under any law for
in force:
PROVIDED that the provisions of this section shall not affect any priority or reservation
castes or scheduled tribes, ex-servicemen, retrenched employees or any other class or
persons in the matter of recruitment to the posts in an establishment or employment.
nature; and may, by the same or subsequent notification, define the local limits within
such authority shall exercise its jurisdiction. (2) Every complaint or claim referred to in s
shall be made in such manner as may be prescribed. (3) If any question arises as to whe
more works are of the same nature or of a similar nature, it shall be decided by the aut
appointed under sub-section (1). (4) Where a complaint or claim is made to the author
under sub-section (1) it may, after giving the applicant and the employer an opportunit
heard, and after such inquiry as it may consider necessary, direct- (i) in the case of a cla
of non-payment of wages at equal rates to men and women workers for the same work
similar nature, that payment be made to the worker of the amount by which the wages
exceed the amount actually paid; (ii) in the case of complaint, that adequate steps be ta
employer so as to ensure that there is no contravention of any provision of this Act. (5)
appointed under sub-section (1) shall have all the powers of a Civil Court under the Cod
Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the att
witnesses and compelling the production of documents, and every such authority shall
be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Crim
1973 (2 of 1974). (6) Any employer or worker aggrieved by any order may be an author
under sub-section (1), on a complaint or claim may, within thirty days from the date of
prefer an appeal to such authority as the appropriate government may, by notification,
behalf, and that authority may, after hearing the appeal, conform, modify or reverse th
appealed against and no further appeal shall lie against the order made by such author
authority referred to in sub-section (6) may, if it is satisfied that the appellant was preve
sufficient cause from preferring the appeal within the period specified in sub-section (6
appeal to be preferred within a further period of thirty days not thereafter. (8) The prov
section (1) of section 33C of the Industrial Disputes Act, 1947 (14 of 1947), shall apply f
of monies due from an employer arising out of the decision of an authority appointed u
section.
On and from the commencement of this Act, every employer shall maintain such regist
documents in relation to the workers employed by him as may be prescribed.
(1) Where an offence under this Act has been committed by a company, every
the time the offence was committed, was in charge of, and was responsible to
for the conduct of the business of the company, as well as the company, shall
be guilty of the offence and shall be liable to be proceeded against and punished
PROVIDED that nothing contained in this sub-section shall render any such p
any punishment, if he proves that the offence was committed without his knowle
had exercised all due diligence to prevent the commission of such offence.
(a) "company" means any body corporate and includes a firm or other
individuals; and
Nothing in this Act shall apply- (a) to cases affecting the terms and conditions
employment in complying with the requirements of any law giving special treatm
or (b) to any special treatment accorded to women in connection with- (i) the bir
birth of a child, or (ii) the terms and conditions relating to retirement, marriage
any provision made in connection with the retirement, marriage or death.
(1) Every claim under clause (b) of sub-section (1) of section 7 shall be made
triplicate, in Form 'B' to the authority. (2) A single petition may be made by or on
relation to a group of workers, if they are employed in the same establishment a
are of the same nature. (3) A claim may be made by the worker himself or he
legal practitioner, or by any official of a registered Trade Union, authorized in wr
and act on his or her behalf or by any Inspector appointed under section 9 o
person acting with the permission of the authority.
The authorization referred to in sub-rule (3) of rule 3 or sub-rule (3) of rule 4 shall be in
shall be presented to the Authority to whom the complaint or the claim, as the case ma
along with such complaint or claim and shall form part of the record.
Every employer shall maintain up to date a register in relation to the workers employed
‘D’ at the place where workers are employed.
COMPLIANCE
ACT Section Rules
Conciliation
Inquiry report
Punishment for false or malicious complaint and
false evidence
Determination of compensation
Prohibition of publication or making known
contents of complaint and inquiry proceedings
Duties of employer
Employer to include information In annual report
b. take action
The employer shallunder
includesections 13,the
in its report 14 number
and 22;
and
of cases filed, if any, and their disposal under this
Act in the annual report of his organisation or where
no suchcontravenes
c. report is required to be prepared,
or attempts intimateor
to contravene
such
abetsnumber of cases, ifofany,
contravention to the
other District Officer.
provisions of this
Act or any rules made there under, he shall be
punishable with fine which may extend to fifty
thousand rupees.