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Act Section Rules

Factories Act, 1948 42 64

Factories Act, 1948 42(schedule) 64

Factories Act, 1948 43 NIL

Factories Act, 1948 44 NIL


Factories Act, 1948 45 65

Factories Act, 1948 45 66


Factories Act, 1948 46 67

Factories Act, 1948 47 73


Factories Act, 1948 48 74

Factories Act, 1948 49 NIL


Factories Act, 1948 11(1) 18

Factories Act, 1948 11(1)(d)(II) 17

Factories Act, 1948 12 19


Factories Act, 1948 13 19(A)

Factories Act, 1948 14 19(B)

Factories Act, 1948 16 NIL

Factories Act, 1948 17(4) 31


Factories Act, 1948 18 34-35

Factories Act, 1948 19 36-43


Factories Act, 1948 20 44-46

Factories Act, 1948 67

Factories Act, 1948 68

Factories Act, 1948

Factories Act, 1948


Factories Act, 1948 7A 1
Factories Act, 1948 7B 2

Factories Act, 1948 22A

Factories Act, 1948 23 1


Factories Act, 1948 24 1

Factories Act, 1948 25

Factories Act, 1948 26

Factories Act, 1948 27


Factories Act, 1948 28 1

Factories Act, 1948 29 1A


Factories Act, 1948 32

Factories Act, 1948 33 1


Factories Act, 1948 35

Factories Act, 1948 36

Factories Act, 1948 36A


Factories Act, 1948 37

Factories Act, 1948 38

Factories Act, 1948 40


Factories Act, 1948 40A

Factories Act, 1948 51

Factories Act, 1948 52


Factories Act, 1948 53

Factories Act, 1948 54

Factories Act, 1948 55

Factories Act, 1948 56

Factories Act, 1948 57

Factories Act, 1948 58


Factories Act, 1948 59

Factories Act, 1948 60

Factories Act, 1948 61


Factories Act, 1948 62

Factories Act, 1948 66

Observation of Auditor as per Quarterly Audit Report


QUARTER OBSERVATIONS IMPLEMENTATION
1. Non Compliance Response given by the
for one Contractor management that the paymen
for delay in was made within the 7th of th
payment of PF & month since bank account
ESI remittance for statement of salary transfer w
delay of ONE Day shown to the Auditor
(N.P. Enterprises)

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

Facilities for storing and


drying clothing

Facilities for sitting.


First-aid appliances.

Ambulance Room
Canteens

Shelters, rest rooms and


lunch rooms.
Creches

Welfare officers
Record of white washing

Cleaniness

Disposal of trade wastes


and effuents
Ventilation and
temperature

Dust and fume

Overcrowding.

Lighting
Drinking water

Latrines and urinals.


Spittoons

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

Safety of building and


machinery
Maintenance of
buildings

Weekly hours

Weekly holidays
Compensatory holidays

Daily hours

Intervals for rest

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

terly Audit Report


IMPLEMENTATION
Response given by the
management that the payment
was made within the 7th of the
month since bank account
statement of salary transfer was
shown to the Auditor

It was also mentioned that from


December onwards all wage
register maintained with date
There is a checklist pertaining to
remittance of PF & ESI by the
ontractors within the 15th of the
month which shows no violation
as the internal deadline taken by
the company is 12th of the
month

There is a overtime tracker


ensuring that there is no
violation of Quarterly limit which
s 50 hours as per Sec.59, Sec. 51
which is the weekly limit of 60
hours and per day limit
Particulars
There shall be provided and maintained in every factory for the use of
employed persons adequate and suitable facilities for sub-sect-washing which
shall include soap and nail brushes or other ion(2) of suitable means of
cleaning and the facilities shall be conveniently accessible and shall be kept in
a clean and orderly condition.

Number of workers Number of taps


Upto 20 1
21 to 35 . 2
36 to 50 . 3
51 to 150 .. 4
151 to 200 .. 5
Exceeding 200 but not exceeding 500 5 plus one tap for every 50 or fraction
of 50.
Exceeding 500 11 plus one tap for every 100 or fraction of 100.

The State Government may, in respect of any factory or class or description of


factories, make rules requiring the provision therein of suitable
places for keeping clothing not worn during working hours and for the
drying of wet clothing.

(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;

Disposal of wastes and effluents. Effective arrangements shall be made in


every factory for the treatment of wastes and effluents due to the
manufacturing process carried on therein, so as to render them innocuous and
for their disposal
Effective and suitable provision shall be made in every factory for securing and
maintaining in every workroom-
(a) adequate ventilation by the circulation of fresh air.
(b) such a
temperature as will secure to workers therein reasonable conditions of
comfort and prevent injury to health;- and in particular- (i) walls and roofs
shall be of such material and so designed that such temperature shall not be
exceeded but kept as low as practicable (ii) where the nature of the work
carried on in the factory involves, or is likely to involve, the production of
excessively high temperatures, such adequate measures as are practicable
shall be taken to protect the workers, Therefrom, by separating the process
which produces such temperatures from the workroom, by insulating the hot
parts or by other effective means.

In every factory in which, by reason of the manufacturing process carried on,


there is given off any dust or fume or other

(1) No room in any factory shall be overcrowded to an extent injurious to the


health of the workers employed therein. (2) Without prejudice to the
generality of sub-section (1), there shall be in every workroom of factory in
existence on the date of the commencement of this Act at least 1*[9.9 cubic
metres]

(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.

(1) In every factory-


(a) sufficient
latrine and urinal accommodation of prescribed types shall be provided
conveniently situated and accessible to workers at all times while they at the
factory; (b) separate enclosed accommodation shall be provided for male and
female workers; (c) such accommodation shall be adequately lighted and
ventilated, and no latrine or urinal shall, unless specially exempted in writing
by the Chief Inspector, communicate with any workroom except through an
intervening open space or ventilated passage; (d) all such accommodation
shall be maintained in a clean and sanitary condition at all times; (e) sweepers
shall be employed whose primary duty it would be to keep clean latrines,
urinals and washing places. (2) In every factory wherein more than two
hundred and fifty workers are ordinarily employed- (a) all latrine and urinal
accommodation shall be of prescribed sanitary types; (b) the floors and
internal walls, up to a height of 2* [ninety continents] of the latrines and
urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished
to provided a smooth polished impervious surface.
(1) In every factory there shall be provided a sufficient number of spittoons in
convenient places and they shall be maintained in a clean and hygienic
condition. (2) The State Government may make rules prescribing the type and
the number of spittoons to be provided and their location in any factory and
provide for such further matters relating to their maintenance in a clean and
hygienic condition. (3) No person shall spit within the premises of a factory
except in the spittoons provided for the purposes and a notice containing this
provision and the penalty for its violation shall be prominently displayed at
suitable places in the premises. (4) Whoever spits in contravention of sub-
section (3) shall be punishable with fine not exceeding five rupees.

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.

No young person [shall be required or allowed to work] at any machine to


which this section applies, unless he has been fully instructed as to the
dangers arising in connection with the machine and the precautions to be
observed.
(a) suitable striking gear or other efficient mechanical appliance shall be
provided and maintained and used to move driving belts to and from fast and
loose pulleys which form part of the transmission machinery, and such gear or
appliances shall be so constructed, placed and maintained as to prevent the
belt from creeping back on to the fast pulley;

(b) driving belts when not in use shall not be allowed to rest or ride upon
shafting in motion

No traversing part of a self-acting machine in any factory and no material


carried thereon shall, if the space over which it runs is a space over which any
person is liable to pass, whether in the course of his employment or
otherwise, be allowed to run on its outward or inward traverse within a
distance of [forty-five centimeters] from any fixed structure which is not part
of the machine.

(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.

No woman or child shall be employed in any part of a factory for pressing


cotton in which a cotton opener is at work:
(a) every hoist and lift shall be-

(i) of good mechanical construction, sound material and adequate strength;


(ii) properly maintained, and shall be thoroughly examined by a competent
person at least once in every period of six months and a register shall be kept
containing the prescribed particulars of every such examination;

(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;

(ii) properly maintained; and

(iii) thoroughly examined by a competent person at least once in every period


of twelve months, or at such intervals as the Chief Inspector may specify in
writing; and a register shall be kept containing the prescribed particulars of
every such examination.
(a) all floors, steps, stairs, passages and gangways shall be of sound
construction and properly maintained [and shall be kept free from
obstructions and substances likely to cause persons to slip], and where it is
necessary to ensure safety, steps, stairs, passages, and gangways shall be
provided with substantial handrails.
(b) there shall, so far as is reasonably practicable, be provided and maintained
safe means of access to every place at which any person is at any time
required to work.
(c) When any person has to work at a height from where he is likely to fall,
provision shall be made, so far as is reasonably practicable, by fencing or
otherwise, to ensure the safety of the person so working.

(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.

(a) no portable electric light or any other electric appliance of voltage


exceeding twenty-four volts shall be permitted for use inside any chamber,
tank, vat, pit, pipe, flue or other confined space,[unless adequate safety
devices are provided].

(b) if any inflammable gas, fume or dust is likely to be present in such


chamber, tank, vat, pit, pipe, flue or other confined space no lamp or light
other than that of flame-proof construction shall be permitted to be used
therein.
(1)Where in any factory any manufacturing process produces dust, gas, fume
or vapor of such character and to such extent as to be likely to explode to
ignition, all practicable measures shall be taken to prevent any such explosion
by-

(a) effective enclosure of the plant or machinery used in the process;

(b) removal or prevention of the accumulation of such dust, gas, fume or


vapor;

(c) exclusion or effective enclosure of all possible sources of ignition.


(2) Where in any factory the plant or machinery used in a process is not
so constructed as to withstand the probable pressure which such an explosion
as aforesaid would produce, all practicable measures shall be taken to restrict
the spread and effects of the explosion by the provisions in the plant or
machinery of chokes, baffles, vents or other effective appliances.

(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

(b) the necessary equipment and facilities for extinguishing fire.

(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 a factory for more


than forty-eight hours in any week.

No adult worker shall be required or allowed to work in a factory on the first


day of the week (hereinafter referred to as the said day), unless (a) he has or
will have a holiday for a whole day on one of the three days immediately
before or after the said day, and (b) the manager of the factory has, before the
said day or the substituted day under clause (a), whichever is earlier,-
(i) delivered a notice at the office of the Inspector of his intention to require
the worker to work on the said day and of the day which is to be substituted,
and
(ii) displayed a notice to that effect in the factory
(1) Where, as a result of the passing of an order or the making of a rule under
the provisions of this Act exempting a factory or the workers therein from the
provisions of section 52, a worker is deprived of any of the weekly holidays for
which provision is made in sub-section (1) of that section, he shall be allowed,
within the month in which the holidays were due to him or within the two
months immediately following that month, compensatory holidays of equal
number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for
which provision is made in sub-section (1) shall be allowed.

Subject to the provisions of section 51, no adult worker shall be required or


allowed to work in a factory for more than nine hours in any day.
Adult workers in a factory each day shall be so fixed that no period shall
exceed five hours and that no worker shall work for more than five hours
before he has had an interval for rest of at least half an hour.
The periods of work of an adult worker in a factory shall be so arranged that
inclusive of his intervals for rest under section 55, they shall not spread over
more than ten and a half hours in any day
Where a worker in a factory works on a shift which extends beyond midnight,-
(a) for the purposes of sections 52 and 53, a holiday for a whole day shall
mean in his case a period of twenty-four consecutive hours beginning when his
shift ends; (b) the following day for him shall be deemed to be the period of
twenty-four hours beginning when such shift ends, and the hours he has
worked after midnight shall be counted in the previous day.

Work shall not be carried on in any factory by means of a system of shifts so


arranged that more than one relay of workers is engaged in work of the same
kind at the same time.
Where any workers in a factory are paid on a piece-rate basis, the time rate
shall be deemed to be equivalent to the daily average of their full-time
earnings for the days on which they actually worked on the same or identical
job during the month immediately preceding the calendar month during which
the overtime work was done, and such time rates shall be deemed to be the
ordinary rates of wages of those workers:

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

The provisions of this Chapter shall, in their application to women in factories,


be supplemented by the following further restrictions, namely:
(a) no exemption from the provisions of section 54 may be granted in respect
of any woman;
(b) no woman shall be 86[required or allowed to work in any factory] except
between the hours of 6 A.M. and 7 P.M.
COMPLIANCE
Act Section Rules Description

Contract Labour(Regulation & 16 42 Canteens


Abolition Act, 1970)
Contract Labour(Regulation & 17 41 Rest-rooms
Abolition Act, 1970)

Contract Labour(Regulation &


Abolition Act, 1970) 19 NIL First-aid facilities

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

Contract Labour(Regulation & Cognizance of


26 NIL
Abolition Act, 1970) offences
Contract Labour(Regulation & Limitation of
27 NIL
Abolition Act, 1970) prosecutions

Registers and
Contract Labour(Regulation & 29 NIL other records to
Abolition Act, 1970) be maintained

Contract Labour(Regulation & Power to exempt


31 NIL
Abolition Act, 1970) in special cases
Particular
(1) The appropriate Government may make rules requiring that
in
every establishment--
(a) to which this Act applies,
(b) wherein work requiring employment of contract labour is
likely to continue
for such period as may be prescribed, and
(c) wherein contract labour numbering one hundred or more is
ordinarily
employed by a contractor, one or more canteens shall be
provided and
maintained by the contractor for the use of such contract
labour.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide
for--
(a) the date by which the canteens shall be provided;
(b) the number of canteens that shall be provided, and the
standards in respect of
construction, accommodation, furniture and other equipment
of the canteens; and
(c) the foodstuffs which may be served therein and the charges
which may be
made thereof.
(1) In every place wherein contract labour is required to halt at
night in connection with the work of an establishment--
(a) to which this Act applies, and (b) in which work requiring
employment of contract labour is likely to continue for such
period as may be prescribed, there shall be provided and
maintained
by the contractor for the use of the contract labour such
number of rest-rooms or such other suitable alternative
accommodation within such time as may be prescribed.
(2) The rest rooms or the alternative accommodation to be
provided under subsection.

There shall be provided and maintained by the contractor so as


to be readily accessible during all working hours a first-aid box
equipped with the
prescribed contents at every place where contract labour is
employed by him.

(1) A contractor shall be responsible for payment of wages to


each worker employed by him as contract labour and such
wages
shall be paid before the expiry of such period as may be
prescribed.
(2) Every principal employer shall nominate a representative
duly authorized by him to be present at the time of
disbursement of wages by the contractor and it shall be the
duty of such representative to certify the amounts paid as
wages in such manner as may be prescribed. (3) It shall be the
duty of the contractor to ensure the disbursement of wages in
the presence of the authorized representative of the principal
employer. (4) In case the contractor fails to make payment of
wages within the prescribed period or makes short payment,
then the principal employer shall be liable to make payment of
wages in full or the unpaid balance due.
(1) Whoever obstructs an inspector in the discharge of his
duties
under this Act or refuses or willfully neglects to afford the
inspector any reasonable facility for making any inspection,
examination, inquiry or investigation authorized by or under this
Act
(2) Whoever willfully refuses to produce on the demand of an
inspector any register or other document kept in pursuance of
this Act or prevents or attempts to prevent or does anything
which he has reason to believe is likely to prevent any person
from appearing before or being examined by an inspector acting
in pursuance of his duties under this Act, shall be punishable
with imprisonment
Whoever contravenesfor any
a term which may
provision extend
of this Act ortoofthree
any rules
months, or with fine which may extend to five hundred
made thereunder prohibiting, restricting or regulating the rupees,
or with both. of contract labour, or contravenes any condition of
employment
a licence granted under this Act, shall be punishable with
imprisonment for a term
which may extend to three months, or with fine which may
extend to one thousand rupees, or with both, and in the case of
a continuing contravention with an additional fine which may
extend to one hundred rupees for every day during which such
contravention continues after conviction for the first such
contravention.

No court shall take cognizance of any offence under this Act


except on a complaint made by, or with the previous sanction in
writing of, the inspector and no court inferior to that of a
Presidency Magistrate or a magistrate of the first class shall try
any offence punishable under this Act.
No court shall take cognizance of an offence punishable under
this Act unless the complaint thereof is made within three
months from the date on which the alleged commission of the
offence came to the knowledge of an inspector: Provided that
where the offence consists of disobeying a written order made
by an inspector, complaint thereof may be made within six
months of the date on which the offence is alleged to have been
committed.

(1) Every principal employer and every contractor shall


maintain such registers and records giving such particulars of
contract labour employed, the nature of work performed by the
contract labour, the rates of wages paid to the contract labour
and such other particulars in such form as may be prescribed.
(2) Every principal employer and every contractor shall keep
exhibited in such manner as may be prescribed within the
premises of the establishment where the contract labour is
employed, notices in the prescribed form containing particulars
about the hours of work, nature of duty and such other
information as may be prescribed.

The appropriate Government may, in the case of an emergency,


direct, by notification in the Official Gazette, that subject to such
conditions and restrictions, if any, and for such period or
periods, as may be specified in the notification, all or any of the
provisions of this Act or the rules made thereunder shall not
apply to any establishment or class of establishments or any
class of contractors.
COMPLIANCE
NA
NA

NA
Act Section Rules

Payment of Gratuity Act, 1972 2A

Payment of Gratuity Act, 1972 3

Payment of Gratuity Act, 1972 4A


Payment of Gratuity Act, 1972 7

Payment of Gratuity Act, 1972 8


Payment of Gratuity Act, 1972 10

Payment of Gratuity Act, 1972 12

Payment of Gratuity Act, 1972 13


Payment of Gratuity Act, 1972 13A

Payment of Gratuity Act, 1972 14


Description

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 action taken


in good faith

Protection of gratuity
Validation of payment of
gratuity

Act to override other


enactments, etc
Particular COMPLIANCE
An employee shall be said to be in continuous service for a
period if he has, for that period, been in uninterrupted service,
including service which may be interrupted on account of
sickness, accident, leave, absence from duty without leave (not
being absence in respect of which an order treating the absence
as break in service has been passed in accordance with the
standing orders, rules or regulations governing the
employees of the establishment).

The Appropriate Government, may, by notification, appoint any


officer to be a controlling authority, who shall be responsible for
the administration of this Act and different controlling
authorities may be appointed for different areas.

For the purpose of effectively implementing the provisions of


this section, every employer shall within such time as may be
prescribed get his establishment registered with the controlling
authority in the prescribed manner and no employer shall be
registered under the provisions of this section unless he has
taken an insurance referred to in sub-section (1) or has
established an approved gratuity fund referred to in sub-section
(2).
A person who is eligible for payment of gratuity under this Act or
any person authorised, in writing, to act on his behalf shall send
a written application to the employer, within such time and in
such form, as may be prescribed, for payment of such gratuity.
As soon as gratuity becomes payable, the employer shall,
whether an
application referred to in sub-section (i) has been made or not,
determine the amount of gratuity and give notice in writing to
the person to whom the gratuity is payable and also to the
controlling authority specifying the amount of gratuity so
determined.
The employer shall arrange to pay the amount of gratuity within
thirty days from the date it becomes payable to the person to
whom the gratuity is payable.

If the amount of gratuity payable under this Act is not paid by


the employer, within the prescribed time, to the person entitled
thereto, the controlling authority shall, on an application made
to it in this behalf by the aggrieved person, issue a certificate for
that amount to the Collector, who shall recover the same,
together with compound interest thereon 1[at such rate as the
Central Government may, by notification, specify] from the date
of expiry of the prescribed time, as arrears of land revenue and
pay the same to the person entitled
Where an employer is charged with an offence punishable under
this Act, he shall be entitled, upon complaint duly made by him
and on giving to the complainant not less than three clear days'
notice in writing of his intention to do so, to have any other
person whom he charges as the actual offender brought before
the Court at the time appointed for hearing the charge; and if,
after the commission of the offence has been proved, the
employer proves to the satisfaction of the Court
(a) that he has used due diligence to enforce the
execution of this Act, and (b) that the said
other person committed the offence in question without his
knowledge, consent or connivance, that other person shall be
convicted of the offence and shall be liable to the like other
punishment as if he were the employer and the employer shall
be discharged from any liability under this Act in respect of such
offence.

No suit or other legal proceeding shall lie against the Controlling


Authority or any other person in respect of anything which is in
good faith done or intended to be done under this Act or any
rule or order made thereunder.

No gratuity payable under this Act 2[and no gratuity payable to


an employee employed in any establishment, factory, mine,
oilfield, plantation, port, railway company or shop exempted
under Section 5] shall be liable to attachment in execution of any
decree or order of any civil, revenue or criminal court.
Notwithstanding anything contained in any judgement, decree
or order of any court, for the period commencing on and from
the 3rd day of April, 1997 and ending on the day on which the
Payment of Gratuity (Amendment) Act, 2009, receives the assent
of the President, the gratuity shall be payable to an employee in
pursuance of the
notification of the Government of India in the Ministry of Labour
and Employment vide number S.O. 1080, dated the 3rd day of
April, 1997 and the said notification shall be valid and shall be
deemed always to have been valid as if the Payment of Gratuity
(Amendment) Act, 2009 had been in force at all material times
and the gratuity shall be payable accordingly.

The provisions of this Act or any rule made thereunder shall


have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act or in any
instrument or contract having effect by virtue of any enactment
other than this Act.
MPLIANCE
Act Section Rules

Maternity Benefit Act, 1961 4

Maternity Benefit Act, 1961 5

Maternity Benefit Act, 1961 5A

Maternity Benefit Act, 1961 5B


6

Maternity Benefit Act, 1961

Maternity Benefit Act, 1961 7

Maternity Benefit Act, 1961 8

Maternity Benefit Act, 1961 9

Maternity Benefit Act, 1961 10

Maternity Benefit Act, 1961 11


Maternity Benefit Act, 1961 12

Maternity Benefit Act, 1961 13

Maternity Benefit Act, 1961 18


Maternity Benefit Act, 1961 21
Description

Employment of, or work by,


women prohibited during certain
period

Right to payment of maternity


benefit

Continuance of payment of
maternity benefit in certain cases

Payment of maternity benefit in


certain cases
Notice of claim for maternity
benefit and payment

Payment or maternity benefit in


case of death of a woman

Payment of medical bonus

Leave for miscarriage

Leave for illness arising out of


pregnancy, delivery, premature
birth of child, or
miscarriage

Nursing breaks
Dismissal during absence or
pregnancy

No deduction of wages in certain


cases

Forfeiture of maternity benefit


Penalty for contravention of Act
by employers
Particular COMPLIANCE
(1) No employer shall knowingly employ a woman in any
establishment during the six weeks immediately following
the day of her delivery or her miscarriage. (2) No woman
shall work in any establishment during the six weeks
immediately following the day of her delivery of her
miscarriage. (3) Without prejudice to the provisions of
section 6, no pregnant woman shall, on a request being
made by her in this behalf, be required by her employer to
do during the period specified in sub-section (4) any work
which is of an arduous nature or which involves long hours
of standing or which in any way is likely to interfere with her
(1) Subject or
pregnancy to the normal
provisions of this Act,of
development every womanor
the foetus, shall
is
be entitled
likely to, her
to cause andmiscarriage
her employer or shall be liable
otherwise for, the
to adversely
payment
affect herof maternity benefit at the rate of the average
health.
daily wage for the period of her actual absence immediately
preceding and including the day of her delivery and for the
six weeks
immediately following that day.
(2) No woman
shall be entitled to maternity benefit unless she has actually
worked in an establishment of the employer from whom
she claims maternity benefit for a period of not less than
one hundred and sixty days in the twelve months
immediately
Every womanpreceding the
entitled to date
the of her of
payment expected
maternity delivery.
benefit
(3) The maximum
under this Act shall, notwithstanding period for which
the application of the
any woman State
Employees’ shall be entitledAct,
Insurance to maternity
1948 (34 benefit
of 1948), shall be
to the
twelve weeks,
factory or otherthat is to say, six in
establishment weeks
whichupshe
to is
and including
employed,
the day oftoher
continue bedelivery anduntil
so entitled six weeks immediately
she becomes following
qualified to
that day.
claim maternity benefit under Sec. 50 of that Act.
Every woman –
(a) who is employed in a factory or other establishment to
which the provisions of the Employees’ State Insurance Act,
1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime
work) for a month exceed the amount specified in sub-
clause (b) of clause (a) of section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of
section 5, shall be
entitled to the payment of maternity benefit under this Act.
Any woman employed in an establishment and entitled to
maternity benefit under the provisions of this Act may give
notice in writing in such form as may be prescribed, to her
employer, stating that her maternity benefit and any other
amount to which she may be entitled under this Act may be
paid to her or to such person as she may nominate in the
notice and that she will not work in any establishment
If a woman
during entitled
the period forto maternity
which benefitmaternity
she receives or any other
benefit.
amount under this Act, dies before receiving such maternity
benefit or amount, or where the employer is liable for
maternity benefit under the second proviso to sub-section
(3) of section 5, the employer shall pay such benefit or
Every woman
amount to the entitled to maternity
person nominated bybenefit underinthis
the woman theAct
shall
noticealso be under
given entitled to receive
section 6 andfrom her there
in case employer
is noasuch
medical
nominee,bonus
to heroflegal
twenty-five rupees, if no pre-natal
representative.
confinement and post-natal care is provided for by the
employer free of charge.

In case of miscarriage, a woman shall, on production of


such proof as may be prescribed, be entitled to leave with
wages at the rate of maternity benefit for a period of six
weeks immediately following the day of her miscarriage.
A woman suffering illness arising out of pregnancy, delivery,
premature birth of child or miscarriage shall, on production
of such proof as may be prescribed, be entitled in addition
to the period of absence allowed to her under section 6, or,
as the case may be, under section 9, to leave with wages at
the rate
Every of maternity
woman benefit
delivered for a who
of a child maximum period
returns of one
to duty after
month.
such delivery shall, in addition to the interval for rest
allowed to her, be allowed in the course of her daily work
two breaks of the prescribed duration for nursing the child
until the child attains the age of fifteen months.
(1) Where a woman absents herself from work in
accordance with the provisions of this Act, it shall be
unlawful for her employer to discharge or dismiss her
during or on account of such absence or to give notice of
discharge or dismissal on such a day that the notice will
expire during such absence, or to vary to her disadvantage
any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time
during her pregnancy, if the woman but for such discharge
of dismissal would have been entitled to maternity benefit
or medical bonus referred to in section 8, shall not have the
effect of depriving her of the maternity benefit or medical
bonus: Provided that where the dismissal is for any
prescribed gross misconduct the employer may, by order in
writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical
bonus or both may, within sixty days from the date on which
the order of such deprivation is communicated to her,
appeal to such authority as may be prescribed, and the
decision of that authority on such appeal, whether the
woman should or should not be deprived of maternity
benefits or medical bonus or both, shall be final.
(c) Nothing contained in this sub-section shall affect the
provisions contained in subsection.
No deduction from the normal and usual daily wages of a
woman entitled to maternity benefit under the provisions of
this Act shall be made by reason only of – (a) the nature of
work assigned to her by virtue of the provisions contained
in subsection (3) of section 4 : or (b) breaks for nursing the
child allowed to her under the provisions of section 11.
If a woman works in any establishment after she has been
permitted by her employer to absent herself under the
provisions of section 6 for any period during such
authorized absence, he shall forfeit her claim to the
maternity
benefit for such period.
If any employer contravenes the provisions of this Act or the
rules made thereunder he shall be punishable with
imprisonment which may extend to three months, or with
fine which may extend to five hundred rupees, or with both;
and where the contravention is of any provision regarding
maternity benefit or regarding payment of any other
amount and such maternity benefit or amount has not
already been recovered, the court shall in addition recover
such maternity benefit or amount as if it were a fine, and
pay the same to the person entitled thereto.
OMPLIANCE
Act Section Rules

Payment of Wages Act, 1936 4

Payment of Wages Act, 1936 5

Payment of Wages Act, 1936 6

Payment of Wages Act, 1936 9

Payment of Wages Act, 1936 10

Payment of Wages Act, 1936 11


Payment of Wages Act, 1936 13A

Payment of Wages Act, 1936 15


Description

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

Deductions for services


rendered
Maintenance of
registers and records

Claims arising out of


deductions from wages
or delay in payment of
wages and penalty for
malicious or vexatious
claims
Particular COMPLIANCE
(1) Every person responsible for the payment of wages under
section 3 shall fix periods (in this Act referred to as wage-
period) in respect of which such wages shall be payable.
(2) No wage-period shall exceed one month.
The wages of every person employed upon or in—
(a) any railway, factory or 1 [industrial or other establishment]
upon or in which less than one thousand persons are
employed, shall be paid before the expiry of the seventh day,
(b) any other railway, factory or ‘[industrial or other
establishment], shall be paid before the expiry of the tenth
day, after the last day of the wage-period in respect of which
thewages
All wagesshall
are payable.
be paid in current coin or currency notes or in
both:
Provided that the employer may, after obtaining the written
authorisation of
the employed
Deductions mayperson,
be madepayunder
him the wages
clause (b)either by cheque(2)or
of sub-section
by crediting
of section 7 the
wages
only oninaccount
his bankofaccount.
the absence of an employed person from
the place or
places where, by the terms of his employment, he is required
to work,
such absence being for the whole or any part of the period
during which
he is so required to work.
The amount of such
deduction
A deduction shall in noclause
under case bear
(c) ortoclause
the wages
(o) of payable
sub-section (2)
to
of section 7 shall not exceed the amount of the damageforor
the employed person in respect of the wage-period
which the to the employer by the neglect or default of the
loss caused
deduction is made a large proportion than the period for
employed person.
which he was shall not be made under clause (c) or clause
(1A)A deduction
absent
A bearsunder
deduction
(m) or clause to theclause
total period, within(e)
(d) or clause such wage-period,(2)
of sub-section
during
of
(n)sectionwhich
or clause by ofnot
7 shall
(o) be made from
sub-section (2) ofthe wages
section of anthe
7 until
the terms of
employed person,his employment, he was required
person. unless the house accommodation to work.
amenity
or service has been accepted by him, as a term of
employment otherwise, and such deduction shall not exceed
an amount equivalent to the value of the
houseaccommodation amenity or service supplied and, in the
case of a deduction under the said clause (e), shall be subject
to such conditions as 1 [the appropriate Government] may
impose.
(1) Every employer shall maintain such registers and records
giving such
particulars of persons employed by him, the work performed
by them, the
wages paid to them, the deductions made from their wages,
the receipts
given by them and such other particulars and in such form as
may be
The appropriate Government may, by notification in the
prescribed.
Official
(2) EveryGazette,
register and record required to be maintained under
appoint—
this section
(a) anyfor
shall, Commissioner
the purposesfor Workmen’s
of this Compensation;
Act, be preserved or
for a period of
(b)
threeanyyears
officer of the Central Government exercising functions
as,—
after the date of the last entry made therein.
(i) Regional Labour Commissioner; or
(ii) Assistant Labour Commissioner with at least two years’
experience; or
(c) any officer of the State Government not below the rank of
Assistant Labour Commissioner with at least two years’
experience; or
(d) a presiding officer of any Labour Court or Industrial
Tribunal,
constituted under the Industrial Disputes Act, 1947 (14 of
1947)
Act Section Rules Description

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

Sums deductible from


Payment of Bonus Act, 1965 6 gross profits

Calculation of direct tax


Payment of Bonus Act, 1965 7 payable by the employer
Payment of Bonus Act, 1965 8 Eligibility for bonus

Payment of Bonus Act, 1965 9 Disqualification for bonus

Payment of minimum
Payment of Bonus Act, 1965 10 bonus

Payment of maximum
Payment of Bonus Act, 1965 11 bonus

Calculation of bonus with


Payment of Bonus Act, 1965 12 respect to certain
employees

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

Special provision with


respect to payment of
Payment of Bonus Act, 1965 31A bonus linked with
production or productivity
Particular
Where an establishment consists of different department or
undertakings or has branches, whether situated in the same place or
in different places, all; such departments or undertakings or branches
shall be treated as parts of the same establishment for the purpose of
computation of bonus
The gross profits under
derived this
by an Act.
employer from an establishment in
respect of the accounting year shall—
(a) in the case of a banking company, be calculated in the manner
specified in the First Schedule; (b) in any other case, be calculated in
the manner specified in the Second
The available surplus in respect of any accounting year shall be the
Schedule.
gross profits for that year after deducting therefrom the sums referred
to in section 6; Provided that the available surplus in respect of the
accounting year commencing on any day 1968.
The following sums shall be deducted from the gross profits as prior
charges, namely:- (a) any amount by way of depreciation admissible in
accordance with the provisions of sub-section (1) of section 32 of the
Income-tax Act, or in accordance with the provisions of the agricultural
income-tax law, as the case may be: Provided that where an employer
has been paying bonus to his employees under a settlement or an
award or agreement made before the 29th May, 1965, and subsisting
on that date after deducting from the gross profits notional normal
depreciation, then, the amount of depreciation to be deducted under
this clause shall, at the option of such employer (such option to be
exercised once and within one year from the date) continue to be such
notional normal depreciation; (b) any amount by way of 1
Any direct tax payable
[development rebate orbyinvestment
the employer] for anyoraccounting
allowance year shall,
development
subject
allowance]to the following
which the employer is entitled to deduct from his income
provisions,
under the income-tax Act.at the rates applicable to the income of the
be calculated
employer for
that year, namely:- (a) in calculating such tax no account shall be taken
of (i) any loss incurred by the employer in respect of any previous
accounting year and carried forward under any law for the time being
in force relating to direct taxes; (ii) any arrears of depreciation which
the employer is entitled to add to the amount of the allowance for
depreciation for any following
accounting year or years under sub-section (2) of section 32 of the
Income-tax Act; (iii) any exemption conferred on the employer under
section 84 of the Income-tax Act or of any deduction to which he is
entitled under sub-section (1) of section,101 of that Act, as in force
immediately before the commencement of the Finance Act, 1965 (10
of 1965); (b) where the employer is a religious or a charitable
institution to which the provisions of section 32 do not apply and the
whole or any part of its income is exempt from tax under the Income-
tax Act, then, with respect to the income so exempted, such institution
shall be treated as if it were a
Every employee shall be entitled to be paid by his employer in an
accounting year, bonus, in accordance with the provisions of this Act,
provided he has worked in the establishment for not less than thirty
working days in that year.
Notwithstanding anything contained in this Act, an employee shall be
disqualified from receiving bonus under this Act, if he is dismissed
from service for --
(a) fraud; or (b) riotous or violent behaviour while on the premises of
the establishment;
or (c) theft,
Subject misappropriation
to the other provisionsorofsabotage
this Act,of any property
every employerof thebe
shall
establishment.
bound to pay to every employee in respect of the accounting year
commencing on any day in the year 1979 and in respect of every
subsequent accounting year, a minimum bonus which shall be 8.33 per
cent of the salary or wage earned by the employee during the
accounting year or one hundred rupees, whichever is higher, whether
or not
(1) the employer
Where in respect has anyaccounting
of any allocable surplus in the accounting
year referred to in sectionyear.
10,
the allocable surplus exceeds the amount of minimum bonus payable
to the employees under that section, the employer shall, in lieu of
such minimum bonus, be bound to pay to every employee in respect
of that accounting; year bonus which shall be an amount in proportion
to the salary or wage earned by the employee during the accounting
year subject to a maximum of twenty per cent, of such salary or wage.
(2) In computing the allocable surplus under this section, the amount
set on or the amount set off under the provisions of section 15 shall be
taken
Whereintotheaccount
salary orinwage
accordance with the exceeds
of an employee provisions of that
4 [two section.
thousand
and five hundred rupees]
per mensem, the bonus payable to such employee under section 10 or,
as the case may be, under section 11, shall be calculated as if his salary
or wage were [two thousand and five hundred rupees] per mensem.
Where an employee has not worked for all the working days in an
accounting year, the minimum bonus of one hundred rupees or, as the
case may be, of sixty rupees, if such bonus is higher than 8.33 per cent,
of his salary or wage for the days he has worked in that accounting
year, shall be proportionately reduced.
For the purposes of section 13, an employee shall be deemed to have
worked in an establishment in any accounting year also on the days on
which--
(a) he has been laid off under an agreement or as permitted by
standing orders under the Industrial Employment (Standing Orders)
Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14
of 1947), or under any other law applicable to the establishment;
(b) he has been on leave with salary or wage;
(c) he has been absent due to temporary disablement caused by
accident arising out of and in the course of his employment; and
Whether in any accounting
(d) the employee year
has been on -- (a) an employer
maternity leave withhas paidorany
salary puja
wage,
bonus
during or other customary bonus to an employee; or (b) an employer
has paid a part of
the accounting the bonus payable under this Act to an employee
year.
before the date on which such bonus becomes payable. then, the
employer shall be entitled to deduct the amount of bonus so paid from
the amount of bonus payable by him to the employee under this Act in
respect of that accounting
Every employer year
shall prepare and
and the employee
maintain shall be records
such registers, entitledand
to
receive only the balance.
other documents in such form and in such manner as may prescribed.
Notwithstanding anything contained in this Act (i) where an
agreement or a settlement has been entered into by the employees
with their employer before the commencement of the
Payment of Bonus (Amendment) Act, 1976 (23 of 1976), or (ii) where
the employees enter into any agreement or settlement with their
employer after such commencement, for payment of an annual bonus
linked with production or productivity in lieu of bonus based on profits
payable under this Act, then, such employees shall be entitled to
receive bonus due to them under such agreement or settlement.
COMPLIANCE
Act Section Rules

The Minimum wages Act, 1948 3

The Minimum wages Act, 1948 4

The Minimum wages Act, 1948 5

The Minimum wages Act, 1948 12


The Minimum wages Act, 1948 13

The Minimum wages Act, 1948 14

The Minimum wages Act, 1948 15

The Minimum wages Act, 1948 16

The Minimum wages Act, 1948 17


The Minimum wages Act, 1948 18

The Minimum wages Act, 1948 21

The Minimum wages Act, 1948 22


The Minimum wages Act, 1948 22C

The Minimum wages Act, 1948 24

The Minimum wages Act, 1948 25


The Minimum wages Act, 1948 26

The Minimum wages Act, 1948 31

The Minimum wages Act, 1948


Description

Fixing of minimum rates of


wages.

Minimum rate of wages

Procedure for fixing and


revising minimum wages

Payment of minimum rates


of wages
Fixing hours for a normal
working day, etc

Overtime

Wages of worker who works


for less than normal working
day

Wages for two or more


classes of work

Minimum time rate wages


for piece work
Maintenance of registers and
records

Single application in respect


of a number of employees

Penalties for certain


offences
Offences by companies

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

RESERVATION OF TRAINING PLACES FOR THE


SCHEDULED CASTES AND THE SCHEDULED TRIBES IN
DESIGNATED TRADES

CONTRACT OF APPRENTICESHIP

NOVATION OF CONTRACT OF APPRENTICESHIP

PERIOD OF APPRENTICESHIP TRAINING

TERMINATION OF APPRENTICESHIP CONTRACT

OBLIGATIONS OF EMPLOYERS
PAYMENT TO APPRENTICES

HEALTH, SAFETY AND WELFARE OF APPRENTICES.

HOURS OF WORK, OVERTIME, LEAVE AND HOLIDAYS

EMPLOYER'S LIABILITY FOR COMPENSATION FOR


INJURY
RECORDS AND RETURNS

SETTLEMENT OF DISPUTES

OFFENCES AND PENALTIES

OFFENCES BY COMPANIES

PROTECTION OF ACTION TAKEN IN GOOD FAITH


Particulars
(1) In every designated trade, training places shall be reserved by the employer for th
Scheduled Castes and the Scheduled Tribes and where there is more than one designa
trade in an establishment, such training places shall be reserved also on the basis of t
total number of apprentices in all the designated trades in such establishment. (2) Th
number of training places to be reserved for the Scheduled Castes and the Schedule
Tribes under sub-section (1) shall be such as may be prescribed, having regard to the
population of the Scheduled Castes and the Scheduled Tribes in the State concerned
(1) No person
Explanation : Inshall
thisbe engaged
section, theas an apprentice
expressions to undergo
"Scheduled apprenticeship
Castes" and "Scheduled training Tribein
designated
shall have the trade unless such
meanings as inperson
clausesor,(24) if he is a(25)
and minor, his guardian
of article 366 of the has Constitution
entered into
contract of apprenticeship with the employer. (2) The apprenticeship training shall b
deemed
Where to have commenced
an employer with whom on the dateofon
a contract which the contract
apprenticeship has been of apprenticeship
entered into, ishaf
been
any entered
reason unableinto tounder
fulfillsub-section
his obligations (1). (3)
under Every
thecontract
contractofand apprenticeship
with the approval may cont of t
such terms and conditions as may be agreed to by the
Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardi parties to the contract : Provid
andthatany noother
such employer
term or condition
that theshall be inconsistent
apprentice with anyasprovision
shall be engaged an apprenticeof this under
Act orth a
rule made
other employerthereunder.
for the (4) Every contract
unexpired portionof ofapprenticeship entered into under
the period of apprenticeship sub-sec
training, the
(1)
agreement, shall be sent
on registration
The period by the employer
with thetraining,
of apprenticeship within
Apprenticeship such
which shallperiod
Adviser, as may
shall in
be specified be prescribed
deemed to the
to be the
the contract of
Apprenticeship
contract
apprenticeship, Adviser
of apprenticeship for registration.
shall bebetween
as follows the (5) The
apprentice
:- (a) Apprenticeship
in the case or his guardian
of trade Adviser shall
and the other
apprentices not registe
who, having
contract
employer,
undergoneand of apprenticeship
on and from
institutional unless
the date
training he is
in a of satisfied
such or
school that the
registration, person described
the contract
other institution recognized as
byan appren
of apprenticeship
the Natio
in
with the contract
the first
Council, have is
employerqualified
passed the shall under
terminate
trade this Act
tests orand for being
no obligation
examinations engaged as
under that
conducted an apprentice
by contract
that Council to under
shallorbeby
apprenticeship
enforceable
institution recognized training
at the instance in
by that the
of any designated
partythe
Council, to thetrade
period specified
contract in the contract.
against the other
of apprenticeship (6)
party
training Where
thereto
shall be su th
Central
as may be Government,
determinedafter consulting
by that Council the or by Central Apprenticeship
an institution recognized Council,
by thatmakes any r(
Council;
varying
in the casetheof terms
tradeand conditionswho,
apprentices of apprenticeship
having undergone training of any category
institutional trainingofinapprenti
a schoo
undergoing such training, then, the terms and conditions
other institution affiliated to or recognized by a Board or State Council of Technical of every contract of
apprenticeship
Education or anyrelating to that category
other authority which the of apprentices
Central Governmentand subsistingmay, by immediately
notificationbef in
the making of such rule shall be deemed to have been
Official Gazette specify in this behalf, have passed the trade tests or examinations modified accordingly.
conducted by that Board or State Council or authority, the period of apprenticeship
training shall be such as may be prescribed; (b) in the case of other trade apprentices,
period of apprenticeship
(1) The training shallshall
contract of apprenticeship be such as mayon
terminate betheprescribed;
expiry of (c) theinperiod
the case of o
graduate
apprenticeship or technician
training.apprentices,
(2) Either party technician (vocational)
to a contract apprentices may
of apprenticeship the period
make an o
application to the apprenticeship
Apprenticeship training
Advisershallfor bethe
such as may be of
termination prescribed.
the contract, and wh
such
Withoutapplication
prejudice is made, shall send
to the other by postofathis
provisions copy thereof
act, every to the other
employer party
shall have to the
the
contract. obligations
following (3) After considering
in relationthe contents
to an apprentice, of thenamely
application:- (a)and the objections,
to provide the apprenti if an
filed
withbythe thetraining
other party,
in his the
trade Apprenticeship
in accordanceAdviser with the may, by orderofinthis
provisions writing, terminate
Act, and the rul
contract if he is satisfied that the parties to the contract
made thereunder; (b) if the employer is not himself qualified in the trade, to ensure or any of them have or has fai
th
to carry out the terms and conditions of the contract
person who possesses the prescribed qualifications is placed in charge of the training and that it is desirable in the
theinterests
apprentice; of the parties
(bb) or anyadequate
to provide of them to terminate the
instructional same
staff, : Provided
possessing such that where
qualificati
contract
as may isbeterminated
prescribed,– for (a) imparting
for failure practical
on the part andoftheoretical
the employer to carry
training and out the ter
facilities fo
and conditions of the contract, the employer shall pay
trade test of apprentices; and (c) to carry out his obligations under the contract of to the apprentice such
compensation as may be prescribed; apprenticeship. (b) for such failure on the part of the apprentice,
apprentice or his guardian shall refund to the employer as cost of training such amoun
may be determined by the Apprenticeship Adviser. (4) Notwithstanding anything conta
in any other provision of this Act, where a contract of apprenticeship has been termina
by the Apprenticeship Adviser before the expiry of the period of apprenticeship traini
and a new contract of apprenticeship is being entered into with a new employer, the
(1) The employer shall pay to every apprentice during the period of apprenticeship train
such stipend at a rate not less than the prescribed minimum rate, or the rate which w
being paid by the employer on 1st January, 1970 to the category of apprentices unde
which such apprentice falls, whichever is higher, as may be specified in the contract o
apprenticeship and the stipend so specified shall be paid at such intervals and subject
such conditions as may be prescribed. (2) An apprentice shall not be paid by his emplo
on the basis of piece work nor shall he be required to take part in any output bonus o
other incentive scheme.
Where any apprentices are undergoing training in a factory, the provisions of Chapters
IV and V of the Factories Act, 1948 (63 of 1948), shall apply in relation to the health, sa
and welfare of the apprentices as if they were workers within the meaning of that Act
when any apprentices are undergoing training in a mine, the provisions of Chapter V of
Mines Act, 1952 (35 of 1952), shall apply in relation to the health and safety of the
apprentices as if they were persons employed in the mine.

(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.

Explanation : For the purposes of this section, -


(a) "company" means a body corporate and includes a firm or other association of
individuals; and
COMPLIANCE
ACT Section Rules Description

Registration of factories and


ESIC 2A establishments

ESIC 3 Establishment of Employees’


State Insurance Corporation

ESIC 4 Constitution of Corporation

Term of office of the members of


ESIC 5 the Corporation

Eligibility for 5[re-appointment]


ESIC 6 or re-election

Authentication of orders,
ESIC 7 decisions, etc
Constitution of Standing
ESIC 8 Committee

Term of office of members of


ESIC 9 Standing Committee

ESIC 10 Medical Benefit Council

ESIC 11 Resignation of membership


ESIC 12 Cessation of membership

ESIC 13 Disqualification
ESIC 14 Filling of vacancies

ESIC 15 Fees and allowances

ESIC 16 Principal officers


ESIC 17 Staff

Powers of the Standing


ESIC 18 Committee
Corporation’s power to promote
ESIC 19 measures for health, etc., of
insured persons

Meetings of Corporation,
ESIC 20 Standing Committee and Medical
Benefit Council
Supersession of the Corporation
ESIC 21 and Standing Committee

ESIC 22 Duties of Medical Benefit Council


Duties of 1[Director-General and
ESIC 23 the Financial Commissioner

Acts of Corporation, etc., not


ESIC 24 invalid by reason of defect in
constitution, etc

Regional Board, Local


ESIC 25 Committees, Regional and Local
Medical Benefit Councils.

ESIC 38 All employees to be insured


ESIC 39 Contributions
Principal employer to pay
ESIC 40 contributions in the first instance
Recovery of contributions from
ESIC 41 immediate employer

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.

ESIC 45 AA Appellate Authority

ESIC 45-B Recovery of contributions


Issue of certificate to the
ESIC 45-C Recovery Officer
Recovery officer to whom
ESIC 45-D certificate is to be forwarded
Validity of certificate and
ESIC 45-E amendment thereof
Stay of proceedings under
ESIC 45-F certificate and amendment or
withdrawal thereof
ESIC 45-G Other modes of recovery

Application of certain provisions


ESIC 45-H of the Income-Tax Act.
ESIC 45-I Definitions

ESIC 49 Sickness benefit

ESIC 50 Maternity Benefit

ESIC 51 Disablement benefit

Presumption as to accident
ESIC 51-A arising in course of employment
Accidents happening while
ESIC 51-B acting in breach of regulations,
etc

Accidents happening while


ESIC 51-C travelling in employer’s transport
Accidents happening while
ESIC 51-D meeting emergency

Accidents happening while


ESIC 51-E commuting to the place of work
and vice versa

ESIC 52 Dependants’ benefit


ESIC 52-A Occupational Disease

Bar against receiving or recovery


ESIC 53 of compensation or damages
under any other law
Determination of question of
ESIC 54 disablement

References to medical boards


and appeals to medical appeal
ESIC 54-A tribunals and Employees’
Insurance Courts.
Review of decisions by medical
ESIC 55 board or medical appeal tribunal

ESIC 55-A Review of dependants’ benefit


ESIC 56 Medical Benefit
ESIC 57 Scale of medical benefit
Provision of medical treatment
ESIC 58 by 1[State] Government
Particulars

Every factory or establishment to which this Act applies shall be


The Corporation
registered withinshall
suchconsist
time andof the following
in such manner members,
as may be namely :—
specified
1[(a)
in thearegulations
Chairman to be 2[appointed]
made in this behalf.]by the Central Government ;
(b)
(1) aWith
Vice-Chairman
effect fromto be 2[appointed]
such by theGovernment
date as the Central Central may, by
Government
notification in;]the(c) not more
Official than five
Gazette, persons
appoint to be
in this 2[appointed]
behalf, by
there shall
the Central Government
be established 3[* * *] ; (d) of
for the administration one theperson
scheme eachof representing
Employees’
each
State of the 1[2[States]
Insurance in which
in accordance thisthe
with Actprovisions
is in force]oftothis
be Act a
3[appointed]
Corporation tobybethe Stateas
known Government
the Employees’ concerned ; (e) one person
State Insurance
to be 3[appointed]
Corporation. (2) ThebyCorporation
the Centralshall
Government
be a bodytocorporate
representby thethe
4[Union
name of territories]
Employees’; State
(f) 5[ten] persons
Insurance representing
Corporation employers
having perpetualto
be 3[appointed]
succession and aby the Central
common Government
seal and shall by the in consultation
said name sue withand
such organisations of employers as may be recognised for the
be sued.
purpose by the Central Government ; (g) 5[ten] persons
representing employees to be 3[appointed] by the Central
Government in consultation with such organisations of employees
as
(1)may
Savebeasrecognised
otherwise for the purpose
expressly providedby the Central
in this Government
Act, the term of ;
(h) twoofpersons
office members representing the medical
of the Corporation, otherprofession
than 1[the to be
members
3[appointed] by the Central Government in consultation
referred to in clauses (a), (b), (c), (d) and (e) of section 4 and withthesuch
ex-
organisations of medical practitioners as may be
officio member,] shall be four years commencing from the date on recognised for the
purpose
which their by the Central Govern-ment
2[appointment] or election ; 6[***] 7[(i)Provided
is notified. three members
that a
of
member of the Corporation shall notwithstanding the expiry ofthe
Parliament of whom two shall be members of the House of the
People (Lok Sabha) and one shall be a member
said period of four years, continue to hold office until the of the Council of
States (Rajya Sabha)
2[appointment] electedofrespectively
or election his successor by isthe members
notified. (2) of
The the
House
member of of
thethe
People and thereferred
Corporation members to ofin the Council
clauses of(b),
3[(a), States
(c),;(d)
and
(j) the
and (e)]Director-General
of section 4 shallofholdthe office
Corporation,
during the ex-officio.]
pleasure of the
Government 4[appointing] them.

An outgoing member of the Corporation, the Standing Committee,


or the Medical Benefit Council shall be eligible for
5[reappointment] or re-election as the case may be.

All orders and decisions of the Corporation shall be authenticated


by the signature of the Director-General of the Corporation and all
other instruments issued by the Corporation shall be authenticated
by the signature of the DirectorGeneral or such other officer of the
Corporation as may be authorised by him
A Standing Committee of the Corporation shall be constituted from
among its members, consisting of — (a) a Chairman 1[appointed]
by the Central Government ; (b) three members of the
Corporation, 2[1[appointed] by the Central Government] ; 3[(bb)
three members of the Corporation representing such three State
Governments thereon as the Central Government may, by
notification in the Official Gazette, specify from time to time ;] (c)
4[eight] members elected by the Corporation as follows : — (i) 5[*
*(1)
*] The Central Government
(ii) 6[three] members from shall constitute
among a MedicalofBenefit
the members the
Council consisting of — 4[(a) the Director General,
Corporation representing employers ; (iii) 6[three] members from the Employees’
(1) Save
State
among as members
the otherwise
Insurance ofexpressly
Corporation, provided
ex-officio
the Corporation in this Act,; the
asrepresenting
Chairman (b) term of ;
the
employees
office
Director
(iv) oneofmember
a member
General, of the
Health
from Standing
Services,
among Committee,
ex-officio
the members as other than a ; ] (c)
Co-Chairman
of the Corporation
member
the Medical
representingreferred to in clause
Commissioner
the medical (a) or
of the
profession 3[clause
; and (v)(b)
Corporation, ormember
clause; (d)
ex-officio
one (bb)]
one
from of
section
member
among the 8,each
shall be twoofyears
representing
members fromofthe
the each
Corporationthedate on which
1[States
elected (otherhisthan
election
by 1[Parliament]Unionis;
notified
2[(d) the: Director-General
territories)]Provided
in which that
thisa Act
member of thetoStanding
is inCorporation,
of the force Committee
be 2[appointed]
ex-offici shall,
by the
notwithstanding
State Government the expiry of ;the
concerned (e) said
three period
membersof two years, continue
representing
to hold office
employers to beuntil the electionby
2[appointed] ofthe
his Central
successor is notified :in
Government
Provided further
consultation withthat
sucha organisations
member of the of Standing
employers Committee
as may beshall
cease to hold
recognised foroffice when hebyceases
the purpose to be aGovernment
the Central member of ;the (f) three
Corporation.
members (2) A member
representing of the Standing
employees Committeeby
to be 2[appointed] referred
the to
in
Central clause (a) or in
Government 3[clause (b) or clause
consul-tation (bb)]organisations
with such of section 8 shall
of
hold office during
employees as maythe pleasure of for
be recognised thetheCentral Government
purpose by the Central
Govern-ment ; and (g) three members, of whom not less than one
shall be a woman, representing the medical profession, to be
2[appointed] by the Central Government in consultation with such
organisations of medical practitioners as may be recognised for the
purpose by the Central Government. (2) Save as otherwise
expressly provided in this Act, the term of office of a member of the
Medical Benefit Council, other than a member referred to in any of
the clauses (a) to (d) of sub-section (1), shall be four years from the
date on which his 3[appointment] is notified: 4[Provided that a
member of the Medical Benefit Council shall, notwithstanding the
expiry of the said period of four years continue to hold office until
the 3[appointment] of his successor is notified.] (3) A member of
the Medical Benefit Council referred to in clauses (b) and (d) of
subsection (1) shall hold office during the pleasure of the
Government 1[appointing] him.

A member of the Corporation, the Standing Committee or the


Medical Benefit Council may resign his office by notice in writing to
the Central Government and his seat shall fall vacant on the
acceptance of the resignation by that Government.
2[(1)] A member of the Corporation, the Standing Committee or
the Medical Benefit Council shall cease to be a member of that
body if he fails to attend three consecutive meetings thereof :
Provided that the Corporation, the Standing Committee or the
Medical Benefit Council, as the case may be, may, subject to rules
made by the Central Government in this behalf, restore him to
membership. 3[(2) Where in the opinion of the Central
Government any person 4[appointed] or elected to represent
employers, employees or the medical profession on (sic.) the
Corporation, the Standing Committee or the Medical Benefit
Council, as the case may be, has ceased to represent such
employers, employees or the medical profession, the Central
Government may, by notification in the Official Gazette, declare
that with effect from such date as may be specified therein such
person shall cease to be a member of the Corporation, the
Standing Committee or the Medical Benefit Council, as the case
may be.] 5[(3) A person referred to in clause (i) of section 4 shall
cease to be a member of the Corporation when he ceases to be a
Member of Parliament.]

A person shall be disqualified for being chosen as or for being a


member of the Corporation, the Standing Committee or the
Medical Benefit Council — (a) if he is declared to be of unsound
mind by a competent Court ; or (b) if he is an undischarged
insolvent ; or (c) if he has directly or indirectly by himself or by his
partner any interest in subsisting contract with, or any work being
done for, the Corporation except as a medical practitioner or as a
share-holder (not being a Director) of a com-pany ; or (d) if before
or after the commencement of this Act, he has been convicted of
an offence involving moral turpitude
(1) Vacancies in the office of 1[appointed] or elected members of
the Corporation, the Standing Committee Medical Benefit Council
shall be filled by 2[appointment] or election, as the case may be.
(2) A member of the Corporation, the Standing Committee or the
Medical Benefit Council 1[appointed] or elected to fill a casual
vacancy shall hold office only so long as the member in whose place
he is 1[appointed] or elected would have been entitled to hold
office if the vacancy had not occurred.

Members of the Corporation, the Standing Committee and the


Medical Benefit Council shall receive such fees and allowances as
may from time to time be prescribed by the Central Government

3[(1) The Central Government may, in consultation with the


Corporation, appoint a Director-General and a Financial
Commissioner.] (2) The Director-General shall be the Chief
Executive Officer of the Corporation. (3) 1[The Director-General and
the Financial Commissioner] shall be whole-time officers of the
Corporation and shall not undertake any work unconnected with
their office without the sanction of the Central Government 2[and
of the Corporation]. (4) 3[The Director-General or the Financial
Commissioner] shall hold office for such period, not exceeding five
years, as may be specified in the order appointing him. An outgoing
4[Director-General or Financial Commissioner] shall be eligible for
re-appointment if he is otherwise qualified. (5) 5[The Director-
General or the Financial Commissioner] shall receive such salary
and allowances as may be prescribed by the Central Government.
(6) A person shall be disqualified from being appointed as or for
being 6[the DirectorGeneral or the Financial Commissioner] if he is
subject to any of the disqualifications specified in section 13. (7)
The Central Government may at any time remove 6[the Director-
General or the Financial Commissioner] from office and shall do so
if such removal is recommended by a resolution of the Corporation
passed at a special meeting called for the purpose and supported
by the votes of not less than two-third is of the total strength of the
Corporation
of the Central Government drawing corresponding scales of pay :
Provided that where the Corporation is of the opinion that it is
necessary to make a departure from the said rules or orders in
respect of any of the matters aforesaid, it shall obtain the prior
approval of the Central Government. 4[Provided further that this
sub-section shall not apply to appointment of consultants and
specialists in various fields appointed on contract basis.] (b) In
determining the corresponding scales of pay of the members of the
staff under clause (a), the Corporation shall have regard to the
educational qualifications, method of recruitment, duties and
responsibilities of such officers and employees under the Central
Government and in case of any doubt, the Corporation shall refer
the matter to the Central Government whose decision thereon shall
be final.] (3) Every appointment to 1[posts 2[(other than medical
posts)] corresponding to 3[group A and group B] posts under the
Central Government] shall be made in consultation with the Union
Public Service Commission : Provided that this sub-section shall not
apply to an officiating or temporary appointment for 4[a period] not
exceeding one year. 5[Provided further that any such officiating or
temporary appointment shall not confer any claim for regular
appointment and the services rendered in that capacity shall not
count towards seniority or minimum qualifying service specified in
the regulations for promotion to next higher grade.] 6[(4) If any
question arises whether a post corresponds to a 3[group A and
group B] post under the Central Government, the question shall be
referred to that Government whose decision thereon shall be final.]

(1) Subject to the general superintendence and control of the


Corporation, the Standing Committee shall administer the affairs of
the Corporation and may exercise any of the powers and perform
any of the functions of the Corporation. (2) The Standing
Committee shall submit for the consideration and decision of the
Corporation all such cases and matters as may be specified in the
regulations made in this behalf. (3) The Standing Committee may, in
its discretion, submit any other case or matter for the decision of
the Corporation
The Corporation may, in addition to the scheme of benefits
specified in this Act, promote measures for the improvement of the
health and welfare of insured persons and for the rehabilitation and
reemployment of insured persons who have been disabled or
injured and may incur in respect of such measures expenditure
from the funds of the Corporation within such limits as may be
prescribed by the Central Government.

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.

The Medical Benefit Council shall — (a) advise 4[the Corporation


and the Standing Committee] on matters relating to the
administration of medical benefit, the certification for purposes of
the grant of benefits and other connected matters ; (b) have such
powers and duties of investigation as may be prescribed in relation
to complaints against medical practitioners in connection with
medical treatment and attendance ; and (c) perform such other
duties in connection with medical treatment and attendance as
may be specified in the regulations.
The 1[DirectorGeneral and the Financial Commissioner] shall
exercise such powers and discharge such duties as may be
prescribed. They shall also perform such other functions as may be
specified in the regulations.

No act of the Corporation, the Standing Committee or the Medical


Benefit Council shall be deemed to be invalid by reason of
any defect in the constitution of the Corporation, the Standing
Committee or the Medical Benefit Council, or on the ground that
any member thereof was not entitled to hold or continue in
office by reason of any disqualification or of any irregularity in his
2[appointment] or election, or by reason of such act having been
done during the period of any vacancy in the office of any member
of the Corporation, the Standing Committee or the Medical Benefit
Council.

The Corporation may appoint Regional Boards, Local Committees


and Regional and Local Medical Benefit Councils in such areas and
in such manner, and delegate to them such powers and functions,
as may be provided by the regulations.
Subject to the provisions of this Act, all employees in factories or
establishments to which this Act applies shall be insured in the
manner provided by this Act.
contribution payable by the employee (hereinafter referred to as
the employee’s contribution) and shall be paid to the Corporation.
1[(2) The contributions shall be paid at such rates as may be
prescribed by the Central Government : Provided that the rates so
prescribed shall not be more than the rates which were in force
immediately before the commencement of the Employees’ State
Insurance (Amendment) Act, 1989 (29 of 1989).] 2[(3) The wage
period in relation to an employee shall be the unit in respect of
which all contributions shall be payable under this Act.] (4) The
contributions payable in respect of each 3[wage period] shall
ordinarily fall due on the last day of the 3[wage period], and where
an employee is employed for part of the 3[wage period], or is
employed under two or more employers during the same 3[wage
period] the contributions shall fall due on such days as may be
specified in the regulations. 4[(5) (a) If any contribution payable
under this Act is not paid by the principal employer on the date on
which such contribution has become due, he shall be liable to pay
simple interest at the rate of twelve per cent. per annum or at such
higher rate as may be specified in the regulations till the date of its
actual payment : Provided that higher interest specified in the
regulations shall not exceed the lending rate of interest charged by
any scheduled bank. (b) Any interest recoverable under clause (a)
may be recovered as an arrear of land revenue or under section 45-
C to section 45-I. Explanation. — In this sub-section “ scheduled
bank ” means a bank for the time being included in the Second
Schedule to the Reserve Bank of India Act, 1934 (2 of 1934).] 40
(1) The principal employer shall pay in respect of every employee,
whether directly employed by him or by or through an immediate
employer, both the employer’s contribution and the employee’s
contribution. (2) Notwithstanding anything contained in any other
enactment but subject to the provisions of this Act and the
regulations, if any, made thereunder, the principal employer shall,
in the case of an employee directly employed by him (not being an
exempted employee), be entitled to recover from the employee the
employee’s contribution by reduction from his wages and not
otherwise : Provided that no such deduction shall be made from
any wages other than such as relate to the period or part of the
period in respect of which the contribution is payable] or in excess
of the sum representing the employee’s contribution for the period.
(3) Notwithstanding any contract to the contrary, neither the
principal employer nor the immediate employer shall be entitled to
deduct the employer’s contribution from any wages payable to an
employee or otherwise to recover it from him. (4) Any sum
deducted by the principal employer from wages under this Act shall
be deemed to have been entrusted to him by the employee for the
purpose of paying the contribution in respect of which it was
deducted. (5) The principal employer shall bear the expenses of
remitting the contributions to the Corporation.
(1) A principal employer, who has paid contribution in respect of
an employee employed by or through an immediate employer, shall
be entitled to recover the amount of the contribution so paid (that
is to say the employer’s contribution as well as the employee’s
contribution, if any,) from the immediate employer, either by
deduction from any amount payable to him by the principal
employer under any contract, or as a debt payable by the
immediate employer. 1[Explanation. — * * *] 2[(1-A) The
immediate employer shall maintain a register of employees
employed by or through him as provided in the regulations and
submit the same to the principal employer before the settlement of
any amount payable under sub-section (1).] (2) In the case referred
to in sub-section (1), the immediate employer shall be entitled to
recover the employee’s contribution from the employee employed
by or through him by deduction from wages and not otherwise,
subject to the conditions specified in the proviso to subsection (2)
of section 40.

(1) No employee’s contribution shall be payable by or on behalf of


an employee whose average daily wages 3[during a wage period are
below 4[such wages as may be prescribed by the Central
Government.]] Explanation. — The average daily wages of an
employee shall be calculated 1[in such manner as may be
prescribed by the Central Government]. (2) Contribution (both the
employer’s contribution and the employee’s contribution) shall be
payable by the principal employer for each 2[wage period] 3[in
respect of the whole or part of which wages are payable to the
employee and not otherwise]. 4[(3) ***] 5[(4) ***] 6[(5) ***]
Subject to the provisions of this Act, the Corporation may make
regulations for any matter relating or incidental to the payment and
collection of contributions payable under this Act and without
prejudice to the generality of the foregoing power such regulations
may provide for — (a) the manner and time of payment of
contributions ; (b) the payment of contributions by means of
adhesive or other stamp affixed to or impressed upon books, cards
or otherwise and regulating the manner, times and conditions in, at
and under which, such stamps are to be affixed or impressed ;
1[(bb) the date by which evidence of contributions having been
paid is to be received by the Corporation ;] (c) the entry in or upon
books or cards of particular of contributions paid and benefits
distributed in the case of the insured persons to whom such books
or cards relate ; and (d) the issue, sale custody, production,
inspection and delivery of books or cards and the replacement of
books or cards which have been lost, destroyed or defaced.
(1) Every principal and immediate employer shall submit to the
Corporation or to such officer of the Corporation as it may direct
such returns in such form and containing such particulars relating to
persons employed by him or to any factory or establishment in
respect of which he is the principal or immediate employer as may
be specified in regulations made in this behalf. (2) Where in respect
of any factory or establishment the Corpo-ration has reason to
believe that a return should have been submitted under sub-
section (1) but has not been so submitted, the Corporation may
require any person in charge of the factory or establishment to
furnish such particulars as it may consider necessary for the
purpose of enabling the Corporation to decide whether the factory
or establish-ment is a factory or establishment to which this Act
applies. (3) Every principal and immediate employer shall maintain
such registers or records in respect of his factory or establishment
as may be required by regulations made in this behalf.]
purpose of ascertaining whether any of the provisions of this Act
has been complied with — (a) require any principal or immediate
employer to furnish to him such information as he may consider
necessary for the purposes of this Act ; or (b) at any reasonable
time enter any office, establishment, factory or other premises
occupied by such principal or immediate employer and require any
person found in charge thereof to produce to such 1[Social Security
Officer] or other official and allow him to examine such accounts,
books and other documents relating to the employment of persons
and payment of wages or to furnish to him such information as he
may consider necessary ; or (c) examine, with respect to any matter
relevant to the purposes aforesaid, the principal or immediate
employer, his agent or servant, or any person found in such factory,
establishment, office or other premises, or any person whom the
said 1[Social Security Officer] or other official has reasonable cause
to believe to be or to have been an employee ; 2[(d) make copies of,
or take extracts from, any register, account book or other document
maintained in such factory, establishment, office or other
premises ; (e) exercise such other powers as may be prescribed.] (3)
1[A Social Security Officer] shall exercise such functions and
perform such duties as may be authorised by the Corporation or as
may be specified in the regulations. 2[(4) Any officer of the
Corporation authorised in this behalf by it may, carry out
reinspection or test inspection of the records and returns submitted
under section 44 for the purpose of verifying the correctness and
quality of the inspection carried out by a Social Security Officer
(1) Where in respect of a factory or establishment no returns,
particulars, registers or records are submitted, furnished or
maintained in accor-dance with the provisions of section 44 or any
4[Social Security Officer] or other official of the Corporation
referred to in sub-section (2) of section 45 is 5[prevented in any
manner] by the principal or immediate employer or any other
person, in exercising his functions or discharging his duties under
section 45, the Corporation may, on the basis of information
available to it, by order, determine the amount of contributions
payable in respect of the employees of that factory or
establishment.] 6[Provided that no such order shall be passed by
the Corporation unless the principal or immediate employer or the
person in charge of the factory or establishment has been given a
reasonable opportunity of being heard.] 1[Provided further that no
such order shall be passed by the Corporation in respect of the
period beyond five years from the date on which the contribution
shall become payable.] (2) An order made by the Corporation under
sub-section (1) shall be sufficient proof of the claim of the
Corporation under section 75 or for recovery of the amount
determined by such order as an arrear of land revenue under
section 45-B 2[or the recovery under section 45-C to section 45-I].

If an employer is not satisfied with the order referred in section 45-


A, he may prefer an appeal to an appellate authority as may be
provided by regulation, within sixty days of the date of such order
after depositing twenty-five per cent. of the contribution so ordered
or the contribution as per his own calculation, whichever is higher,
with the Corporation : Provided that if the employer finally
succeeds in the appeal, the Corporation shall refund such deposit
to the employer together with such interest as may be specified in
the regulation.]
Any contribution payable under this Act may be recovered as an arrear of land revenue
(1) Where any amount is in arrear under this Act, the authorised
officer may issue, to the Recovery Officer, a certificate under his
signature specifying the amount of arrears and the Recovery
Officer, on receipt of such certificate, shall proceed to recover the
amount specified therein from the factory or establishment or, as
the case may be, the principal or immediate employer by one or
more of the modes mentioned below : — (a) attachment and sale
of the movable or immovable property of the factory or
establishment or, as the case may be, the principal or immediate
employer ; (b) arrest of the employer and his detention in prison ;
(c) appointing a receiver for the management of the movable or
immovable properties of the factory or establishment, or, as the
case may be, the employer : Provided that the attachment and sale
of any property under this section shall first be effected against the
properties of the factory or establishment and where such
attachment and sale is insufficient for recovering the
whole of the amount of arrears specified in the certificate, the
Recovery Officer may take such proceedings against the property of
the employer for recovery of the whole or any part of such arrears.
(2) The authorised officer may issue a certificate under sub-section
(1) notwithstanding that proceedings for recovery of the arrears by
any other mode have been taken.
(1) The authorised officer may forward the certificate referred to in
section 45-C to the Recovery Officer within whose jurisdiction the
employer — (a) carries on his business or profession or within
whose jurisdiction the principal place of his factory or
establishment is situate ; or (b) resides or any movable or
immovable property of the factory or establishment or the principal
or immediate employer is situate. (2) Where a factory or an
establishment or the principal or immediate employer has property
within the jurisdiction of more than one Recovery Officer and the
Recovery Officer to whom a certificate is sent by the authorised
officer — (a) is not able to recover the entire amount by the sale of
the property, movable or immovable, within his jurisdiction ; or (b)
is of the opinion that, for the purpose of expediting or securing the
recovery of the whole or any part of the amount, it is necessary so
to do, he may send the certificate or, where only a part of the
amount is to be recovered, a copy of the certificate certified in the
manner prescribed by the Central Government and specifying the
amount to be recovered to the Recovery Officer within whose
jurisdiction the factory or establishment or the principal or
immediate employer has property or the employer resides, and
thereupon that Recovery Officer shall also proceed to recover the
amount due under this section as if the certificate or the copy
thereof had been the certificate sent to him by the authorised
officer.
(1) When the authorised officer issues a certificate to a Recovery
Officer under section 45-C, it shall not be open to the factory or
establishment or the principal or immediate employer to dispute
before the Recovery Officer the correctness of the amount, and no
objection to the certificate on any other ground shall also be
entertained by the Recovery Officer. (2) Notwithstanding the issue
of a certificate to a Recovery Officer, the authorised officer shall
have power to withdraw the certificate or correct any clerical or
arithmetical mistake in the certificate by sending an intimation to
the Recovery Officer. (3) The authorised officer shall intimate to the
Recovery Officer any orders withdrawing or canceling a certificate
or any correction made by him under sub-section (2) or any
amendment made under sub-section (4) of section 45-F.
(1) Notwithstanding that a certificate has been issued to the
Recovery Officer for the recovery of any amount, the authorised
officer may grant time for the payment of the amount, and
thereupon the Recovery Officer shall stay the proceedings until the
expiry of the time so granted. (2) Where a certificate for the
recovery of amount has been issued, the authorised officer shall
keep the Recovery Officer informed of any amount paid or time
granted for payment, subsequent to the issue of such certificate. (3)
Where the order giving rise to a demand of amount for which a
certificate for recovery has been issued has been modified in
appeal or other proceedings under this Act, and, as a consequence
thereof, the demand is reduced but the order is the subject-matter
of a further proceeding under this Act, the authorised officer shall
stay the recovery of such part of the amount of the certificate as
pertains to the said reduction for the period for which the appeal or
other proceeding remains pending. (4) Where a certificate for the
recovery of amount has been issued and subsequently the amount
of the outstanding demand is reduced as a result of an appeal or
other proceedings under this Act, the authorised officer shall, when
the order which was the subject-matter of such appeal or other
proceeding has become final and conclusive, amend the certificate
or withdraw it, as the case may be.
principal or immediate employer after the receipt of a notice under
this sub-section shall be personally liable to the Director-General or
the officer so authorised to the extent of his own liability to the
principal or immediate employer so discharged or to the extent of
the principal or immediate employer’s liability for any sum due
under this Act, whichever is less. (x) If the person to whom a notice
under this sub-section is sent fails to make payment in pursuance
thereof to the Director- General or the officer so authorised, he
shall be deemed to be a principal or immediate employer in default
in respect of the amount specified in the notice and further
proceedings may be taken against him for the realisation of the
amount as if it were an arrear due from him, in the manner
provided in sections 45-C to 45-F and the notice shall have the
same effect as an attachment of a debt by the Recovery Officer in
exercise of his powers under section 45-C. (4) The Director-General
or the officer authorised by the Corporation in this behalf may
apply to the court in whose custody there is money belonging to
the principal or immediate employer for payment to him of the
entire amount of such money, or if it is more than the amount due,
an amount sufficient to discharge the amount due. (5) The Director-
General or any officer of the Corporation may, if so authorised by
the Central Government by general or special order, recover any
arrears of amount due from a factory or an establishment or, as the
case may be, from the principal or immediate employer by distraint
and sale of its or his movable property in the manner laid down in
the Third Schedule to the Income-tax Act, 1961 (43 of 1961).

The provisions of the Second and Third Schedules to the Income-


tax Act, 1961 (43 of 1961) and the Income-tax (Certificate
Proceedings) Rules, 1962, as in force from time to time, shall apply
with necessary modifications as if the said provisions and the rules
referred to the arrears of the amount of contributions, interests or
damages under this Act instead of to the income-tax : Provided that
any reference in the said provisions and the rules to the “
assessee ” shall be construed as a reference to a factory or an
establishment or the principal or immediate employer under this
Act.
For the purposes of sections 45-C to 45-H-(a) “ authorised officer ”
means the Director-General, Insurance Commissioner, Joint
Insurance Commissioner, Regional Director or such other officer as
may be authorised by the Central Government, by notification in
the Official Gazette ; (b) “ Recovery Officer ” means any officer of
the Central Government, State Government or the Corporation,
who may be authorised by the Central Government, by notification
in the Official Gazette, to exercise the powers of a Recovery Officer
under this Act.]

The qualification of a person to claim sickness benefit, the


conditions subject to which such benefit may be given, the rate and
period thereof shall be such as may be prescribed by the Central
Government.

The qualification of an insured woman to claim maternity benefit,


the conditions subject to which such benefit may be given, the rates
and period thereof shall be such as may be prescribed by the
Central Government.

Subject to the provisions of this Act 4[* * *] — (a) a person who


sustains temporary disablement for not less than three days
(excluding the day of accident) shall be entitled to periodical
payment 5[at such rates and for such periods and subject to such
conditions as may be prescribed by the Central Government] ; (b) a
person who sustains permanent disablement, whether total or
partial, shall be entitled to periodical payment 6[at such rates and
for such periods and subject to such conditions as may be
prescribed by the Central Government]. 1

For the purposes of this Act, an accident arising in the course of


2[an employee’s] employment shall be presumed, in the absence of
evidence to the contrary, also to have arisen out of that
employment.
An accident shall be deemed to arise out of and in the course of
2[an employee’s] employment not withstanding that he is at the
time of the accident acting in contravention of the provisions of any
law applicable to him, or of any orders given by or on behalf of his
employer or that he is acting without instructions from his
employer, if — (a) the accident would have been deemed so to
have arisen had the act not been done in contravention as aforesaid
or without instructions from his employer, as the case may be ; and
(b) the act is done for the purpose of and in connection with the
employer’s trade or business.

(1) An accident happening while an 3[employee] is, with the


express or implied permission of his employer, travelling as a
passenger by any vehicle to or from his place of work shall,
notwithstanding that he is under no obligation to his employer to
travel by that vehicle, be deemed to arise out of and in the course
of his employment, if — (a) the accident would have been deemed
so to have arisen had he been under such obligation ; and (b) at the
time of the accident, the vehicle — (i) is being operated by or on
behalf of his employer or some other person by whom it is
provided in pursuance of arrangements made with his emplo-
yer ; and (ii) is not being operated in the ordinary course of public
transport service. (2) In this section “ vehicle ” includes a vessel and
an aircraft.
An accident happening to an 1[employee] in or about any premises
at which he is for the time being employed for the purpose of his
employer’s trade or business shall be deemed to arise out of and in
the course of his employment, if it happens while he is taking steps,
on an actual or supposed emergency at those premises, to rescue,
succour or protect persons who are, or are thought to be or
possibly to be, injured or imperiled, or to avert or minimize serious
damage to property.]

An accident occuring to an employee while commuting from his


residence to the place of employment for duty or from the place of
employment to his residence after performing duty, shall be
deemed to have arisen out of and in the course of employment if
nexus between the circumstances, time and place in which the
accident occured and the employment is established.]

(1) If an insured person dies as a result of an employment injury


sustained as an employee under this Act (whether or not he was in
receipt of any periodical payment for temporary disablement in
respect of the injury) dependants’ benefit shall be payable 1[at
such rates and for such periods and subject to such conditions as
may be prescribed by the Central Government] to his dependants
specified in 2[sub-clause (i), sub-clause (i-a) and] subclause (ii) of
clause (6-A) of section 2. (2) In case the insured person dies without
leaving behind him the dependants as aforesaid, the dependants’
benefit shall be paid to the other dependants of the deceased 3[at
such rates and for such periods and subject to such conditions as
may be prescribed by the Central Government.]
contracting of the disease shall, unless the contrary is proved, be
deemed to be an “ employment injury ” arising out of and in the
course of employment. (2) (i) Where the Central Government or a
State Government, as the case may be, adds any description of
employment to the employment specified in Schedule III to the
Workmen’s Compensation Act, 1923* (8 of 1923) by virtue of the
powers vested in it under sub-section (3) of Sec. 3 of the said Act,
the said description of employment and the occupational diseases
specified under that sub-section as peculiar to that description of
employment shall be deemed to form part of the Third Schedule.
(ii) Without prejudice to the provisions of clause (i), the Corporation
after giving, by notification in the Official Gazette, not less than
three months’ notice of its intention so to do, may, by a like
notification, add any description of employment to the
employments specified in the Third Schedule and shall specify in
the case of employments so added the diseases which shall be
deemed for the purposes of this section to be occupational
diseases peculiar to those employments respectively and
thereupon the provisions of this Act shall apply, as if such diseases
had been declared by this Act to be occupational diseases peculiar
to those employments. (3) Save as provided by sub-sections (1) and
(2), no benefit shall be payable to an employee in respect of any
disease unless the disease is directly attributable to a specific injury
by accident arising out of and in the course of his employment. (4)
The provisions of section 51-A shall not apply to the cases to which
this section apply.]

An insured person or his dependants shall not be entitled to receive


or recover, whether from the employer of the insured person or
from any other person, any compensation or damages under the
Workmen’s Compensation Act, 1923* (8 of 1923), or any other law
for the time being in force or otherwise, in respect of an
employment injury sustained by the insured person as an employee
under this Act.
Any question — (a) whether the relevant accident has resulted in
permanent disablement ; or (b) whether the extent of loss of
earning capacity can be assessed provisionally or finally ; or (c)
whether the assessment of the proportion of the loss of earning
capacity is provisional or final ; or (d) in the case of provisional
assessment, as to the period for which such assessment shall hold
good, shall be determined by a medical board constituted in
accordance with the provisions of the regulations and any such
question shall hereafter be referred to as the “ disablement
question ”.

(1) The case of any insured person for permanent disablement


benefit shall be referred by the Corporation to a medical board for
determination of the disablement question and if, on that or any
subsequent reference, the extent of loss of earning capacity of the
insured person is provisionally assessed, it shall again be so referred
to the medical board not later than the end of the period taken into
account by the provisional assessment. (2) If the insured person or
the Corporation is not satisfied with the decision of the medical
board, the insured person or the Corporation may appeal in the
prescribed manner and within the prescribed time to — (i) the
medical appeal tribunal constituted in accordance with the
provisions of the regulations with a further right of appeal in the
prescribed manner and within the prescribed time to the
Employees’ Insurance Court, or (ii) the Employees’ Insurance Court
directly 1[: Provided that no appeal by an insured person shall lie
under this sub-section if such person has applied for commutation
of disablement benefit on the basis of the decision of the medical
board and received the commuted value of such benefit : Provided
further that no appeal by the Corporation shall lie under this sub-
section if the Corporation paid the commuted value of the
disablement benefit on the basis of the decision of the medical
board.].
other person of a material fact (whether the non-disclosure or
misrepresentation was or was not fraudulent). (2) Any assessment
of the extent of the disablement resulting from the relevant
employment injury may also be reviewed by a medical board if it is
satisfied that since the making of the assessment there has been a
substantial and unforeseen aggravation of the result of the relevant
injury : Provided that an assessment shall not be reviewed under
this sub-section unless the medical board is of opinion that having
regard to the period taken into account by the assessment and the
probable duration of the aggravation aforesaid, substantial injustice
will be done by not reviewing it. (3) Except with the leave of a
medical appeal tribunal, an assessment shall not be reviewed under
sub-section (2) on any application made less than five years, or in
the case of a provisional assessment, six months, from the date
thereof and on such a review the period to be taken into account by
any revised assessment shall not include any period before the date
of the application. (4) Subject to the foregoing provisions of this
section, a medical board may deal with a case of review in any
manner in which it could deal with it on an original reference to it,
and in particular may make a provisional assessment
notwithstanding that the assessment under review was final ; and
the provisions of section 54-A shall apply to an application for
review under this section and to a decision of a medical board in
connection with such application as they apply to a case for
disablement benefit under that section and to a decision of the
medical board in connection with such case.

(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

INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 3

INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 4

INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 5


INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 6

INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 9


INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 10
INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 10A
INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 11

INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 12


INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 12A
INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 13
INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 13A
establishment.(2)
Provision
(1) On receipt shall beofmade the
in such draft for
draft under section 3, every
Description matterCertifying
the set out in the
Particulars Officer COMPLIANCE
Schedule
shall forward which amay be
copy
applicabletoto the
thereof the trade
industrial
union, if any, of the
establishment,
workmen, or andwhere
where
there is model
no such standing trade
orders have been
Submission of draft union,
Standing
to the
orders
workmen
standing orders prescribed,
in such manner shall as be,shall
so
may
be certifiable
far as is practicable,under this
in
be prescribed, together
Act if-(a)
conformity provision
with such is
with a notice in the
made
model.(3) therein
The draft for every
prescribed form
matter
standing set out in the
requiring ordersobjections, if
Schedule
submitted which this is
any, whichunder the workmen
applicable
section shall to betomakethe
may desire to
industrial
accompanied by a
the draft standing
establishment,
statement and (b)
orders to givingbe submitted
Conditions for the standing
prescribed orders are
particulars of
to him
certification of otherwise within fifteen
the workmen in conformity
standing orders days from theemployed receipt of
with
in the the provisions of
industrial
the notice.(2) After
this Act,
establishment and including
it 7[shall
giving the employer and
be the function]
the name of the of the
trade
trade union or such
Certifying
union, if any,Officer
to which or
other representative of
appellate
they belong.(4) authority
Subject to
the workmen as may be
adjudicate
to such conditions upon asthe
prescribed, an
fairness
may be prescribed, a or
opportunity of being
reasonableness
group of employers of inthe
heard, the Certifying
provisions
similar of any
Officer industrial
shall decide
Certification of standing
establishments
whether
orders.may
or no any
standing orders submit a joint draft
modification of of or
standing orders
addition to the under draft
this section. by
submitted the
employer is necessary
to render the draft
standing orders
certifiable under this
Act, and shall make an
order in writing
accordingly.(3) The
Certifying Officer shall
thereupon certify the
draft standing orders,
the appellate authority,
whose decisions shall
be final, shall by order
in writing confirm the
standing orders either
in the form certified by
the Certifying Officer or
after amending the said
standing orders by
making such
Appeals modifications thereof or
additions thereto as it
thinks necessary to
render the standing
orders certifiable under
this Act.(2) The
appellate authority
shall, within seven days
of its order under sub-
section (1), send copies
thereof of the Certifying
Officer, to the employer
and to the trade union
or other prescribed
representatives of the
The text of the standing
workmen,
order as finally certified
accompanied,
under this Act shallunless
be it
has confirmed
prominently postedwithout
by
amendment the
Posting of standing the employer in English
orders standing orders
and in the language as
certified byby
understood the the
majority
Certifyingof hisOfficer,
workmenby
on special
copies ofboards to be
the standing
maintained for the by it
orders as certified
purpose at or near the
and authenticated in the
entrance through which
prescribed
the majoritymanner.
of the
workmen enter the
industrial establishment
and in all departments
thereof where the
workmen are employed.
workman or a trade
union or other
representative body of
the workmen may apply
to the Certifying Officer
to have the standing
orders modified and
such application shall
be accompanied by five
copies of the
Duration and modifications proposed
modification of to be made, and where
standing orders such modifications are
proposed to be made
by agreement between
the employer and the
workmen 9[or a trade
union or other
representative body of
the workmen], a
certified copy of that
agreement shall be filed
along with the
against such workman
is not directly
attributable to the
conduct of such
workman. (2) If any
dispute arises regarding
the subsistence
allowance payable to a
workman under sub-
section (1) the workman
Payment of or the employer
Subsitence concerned may refer
Allowance the dispute to the Labor
Court, constituted under
the Industrial Disputes
Act, 1947 (14 of 1947),
within the local limits of
whose jurisdiction the
industrial establishment
wherein such workman
is employed is situate
and the Labor Court to
which the dispute is so
referred shall, after
giving the parties an
opportunity of being
heard, decide the
dispute and such
decision shall be final
and binding on the
parties. (3)
Notwithstanding
anything contained in
the foregoing provisions
of this section where
provisions relating to
the payment of
subsistence allowance
under any other law for
the time being in force
in any state are more
beneficial than the
provisions of this
sections, the provisions
and compelling the
discovery and production
of documents, and shall
be deemed to be a civil
court within the meaning
of 6[sections 345 and 346
of the Code of Criminal
Procedure, 1973 (2 of
1974).]

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

WORKMENS COMPENSATION ACT 3


WORKMENS COMPENSATION ACT 4
WORKMENS COMPENSATION ACT 4A
WORKMENS COMPENSATION ACT 5 Method of calculating wages—
WORKMENS COMPENSATION ACT 8
WORKMENS COMPENSATION ACT 10A
WORKMENS COMPENSATION ACT 10B
WORKMENS COMPENSATION ACT 11
WORKMENS COMPENSATION ACT 12
WORKMENS COMPENSATION ACT 13
WORKMENS COMPENSATION ACT 14

WORKMENS COMPENSATION ACT 14A


WORKMENS COMPENSATION ACT 17

WORKMENS COMPENSATION ACT 18A


WORKMENS COMPENSATION ACT 22A
continuous period which is less
than the period specified under
this sub-section for that
employment; and that the
Description disease hasParticulars
arisen out of and in
the course of the employment
the contracting of such disease
shall be deemed to be an injury
by accident within the meaning
of this section : Provided further
that if it is proved that a
workman who having served
under any employer in any
Employer's liability for
compensation employment specified in Part B
of Schedule III or who having
served under one or more
employers in any employment
specified in Part C of that
Schedule for a continuous
period specified under this sub-
section for that employment and
he has after the cessation of
such service contracted any
disease specified in the said
Part B or the said Part C as the
case may be as an occupational
disease peculiar to the
employment and that such
disease arose out of the
employment the contracting of
the disease shall be deemed to
be injury by accident within the
meaning of this section.(2A) If a
workman employed in any
employment specified in Part C
of Schedule III contracts any
occupational disease peculiar to
that employment the contracting
whereof is deemed to be an
injury by accident within the
meaning of this section and
such employment was under
more than one employer all
such employers shall be liable
for the payment of the
the same work by the same
employer or if there was no
workman so employed by a
workman employed on similar
work in the same locality; in other
cases including cases in which it is
not possible for want of necessary
information to calculate the
monthly wages under clause (b)
the monthly wages shall be thirty
times the total wages earned in
respect of the last continuous
period of service immediately
Amount of compensation preceding the accident from the
employer who is liable to pay
compensation divided by the
number of days comprising such
period.

Explanation : A period of service


shall for the purposes of this
section be deemed to be
continuous which has not been
interrupted by a period of absence
from work exceeding fourteen
days.
the compensation due under
this Act within one month from
the date it fell due, the
Commissioner shall—a. direct
that the employer shall, in
addition to the amount of the
arrears, pay simple interest
thereon at the rate of twelve per
cent per annum or at such
higher rate not exceeding the
Compensation to be paid maximum of the lending rates of
when due and penalty for any scheduled bank as may be
default.— specified by the Central
Government, by notification in
the Official Gazette, on the
amount due; and b. if, in his
opinion, there is no justification
for the delay, direct that the
employer shall, in addition to the
amount of the arrears, and
interest thereon pay a further
sum not exceeding fifty per cent
of such amount by way of
which have fallen due for
payment to him by the employer
in the last twelve months of that
period;b. where the whole of
the continuous period of service
immediately preceding the
accident during which the
workman was in the service of
the employer who is liable to
pay the compensation was less
than one month, the monthly
Method of calculating wages— wages of the workman shall be
the average monthly amount
which, during the twelve months
immediately preceding the
accident, was being earned by a
workman employed on the
same work by the same
employer, or, if there was no
workman so employed, by a
workman employed on similar
work in the same locality;]c. in
other cases [including cases in
which it is not possible for want
respect of a deceased workman
shall subject to any deduction
made under sub-section (4) be
apportioned among the
dependants of the deceased
workman or any of them in such
proportion as the Commissioner
thinks fit or may in the
desecration of the
Commissioner be allotted to any
one dependant. Where any
Distribution of compensation compensation deposited with
the Commissioner is payable to
any person the Commissioner
shall if the person to whom the
compensation is payable is not
a woman or a person under a
legal disability and may in other
cases pay the money to the
person entitled thereto. Where
any lump sum deposited with
the Commissioner is payable to
a woman or a person under a
workman's employer requiring
him to submit within thirty days
of the service of the notice a
statement in the prescribed form
giving the circumstances
attending the death of the
workman and indicating whether
in the opinion of the employer
he is or is not liable to deposit
compensation on account of the
death.(2) If the employer is of
Power to require from
employers statements opinion that he is liable to
regarding fatal accident deposit compensation he shall
make the deposit within thirty
days of the service of the notice.
(3) If the employer is of opinion
that he is not liable to deposit
compensation he shall in his
statement indicate the grounds
on which he disclaims liability.
(4) Where the employer has so
disclaimed liability the
Commissioner after such inquiry
as he may think fit may inform
bodily injury :

Provided that where the State


Government has so prescribed
the person required to give the
notice may instead of sending
such report to the
Commissioner send it to the
authority to whom he is required
to give the notice.

Reports of fatal accidents and Explanation : "Serious bodily


serious bodily injuries injury" means an injury which
involves or in all probability will
involve the permanent loss of
the use of or permanent injury to
any limb or the permanent loss
of or injury to the sight or
hearing or the fracture of any
limb or the enforced absence of
the injured person from work for
a period exceeding twenty days.

(2) The State Government may


himself for medical examination
voluntarily leaves without having
been so examined the vicinity of
the place in which he was
employed his right to
compensation shall be
suspended until he returns and
offers himself for such
examination.

Where a workman whose right


Medical examination to compensation has been
suspended under sub-section
(2) or sub-section (3) dies
without having submitted
himself for medical examination
as required by either of those
sub-sections the Commissioner
may if he thinks fit direct the
payment of compensation to the
dependants of the deceased
workman. Where under sub-
section (2) or sub-section (3) a
Act shall apply as if references
to the principal were substituted
for references to the employer
except that the amount of
compensation shall be
calculated with reference to the
wages of the workman under
the employer by whom he is
immediately employed. Where
the principal is liable to pay
compensation under this section
Contracting he shall be entitled to be
indemnified by the contractor or
any other person from whom the
workman could have recovered
compensation and where a
contractor who is himself a
principal is liable to a pay
compensation or to indemnify a
principal under this section be
shall be entitled to be
indemnified by any person
standing to him in the relation of
Where a workman has
recovered compensation in
respect of any injury caused
under circumstances creating a
legal liability of some person
other than the person by whom
the compensation was paid to
Remedies of employer against pay damages in respect thereof
stranger the person by whom the
compensation was paid and any
person who has been called on
to pay an indemnity under
section 12 shall be entitled to be
indemnified by the person so
liable to pay damages of
aforesaid
provisions of that sub-section
shall apply as if the contract
were not void or voidable and
the insurers shall be entitled to
prove in the insolvency
proceedings or liquidation for
the amount paid to the workman
: Provided that the provisions of
this sub-section shall not apply
in any case in which the
workman fails to give notice to
Insolvency of employer the insurers of the happening of
the accident and of any resulting
disablement as soon as
practicable after he becomes
aware of the institution of the
insolvency or liquidation
proceedings.There shall be
deemed to be included among
the debts which under section
49 of the Presidency-towns
Insolvency Act 1909 (3 of 1909)
or under section 61 of the

Where an employer transfers his


assets before any amount due in
respect of any compensation the
Compensation to be first liability where for accrued before
charge on assets transferred the date of the transfer has been
by employer paid such amount shall
notwithstanding anything
contained in any other law for the
time being in force be a first charge
on that part of the assets so
transferred as consists of
immovable property.
whether made before or after
the commencement of this Act
whereby a workman
relinquishes any right of
compensation from the
Contracting out Any contract employer for personal injury
or agreement arising out of or in the course of
the employment shall be null
and void in so far as it purports
to remove or reduce the liability
of any person to pay
compensation under this Act.

(1) Whoever -(a) fails to maintain a


notice-book which he is required to
maintain under sub-section (3) of
section 10 or (b) fails to send to the
Commissioner a statement which
he is required to send under sub-
section (1) of section 10A or (c)
fails to send a report which he is
required to send under section 10B
or (d) fails to make a return which
he is required to make under
section 16 shall be punishable with
Penalties fine which may extend to five
thousand rupees.(2) No
prosecution under this section
shall be instituted except by or
with the previous sanction of a
Commissioner and no Court shall
take cognizance of any offence
under this section unless complaint
thereof is made within six months
of the date on which the alleged
commission of the offence came to
the knowledge of the
Commissioner.
Where any sum has been
deposited by an employer as
compensation payable in
respect of a workman whose
injury has resulted in death and
in the opinion of the
Commissioner such sum is
insufficient the Commissioner
may by notice in writing stating
his reasons call upon the
Power of Commissioner to
require further deposit in employer to show cause why he
cases of fatal accident should not make a further
deposit within such time as may
be stated in the notice.(2) If the
employer fails to show cause to
the satisfaction of the
Commissioner the
Commissioner may make an
award determining the total
amount payable and requiring
the employer to deposit the
deficiency
COMPLIANCE
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

Duty of employer to pay equal


remuneration to men and women workers
for same work or work of a similar nature

No discrimination to be made while


recruiting men and women workers
Power of appropriate government to
appoint authorities for hearing and deciding
claims and complaints

Duty of employers to maintain registers


Offences by companies

Act not to apply in certain special cases

Power to make declaration


Complaints regarding contravention of the
Act

Claim regarding non-payment of wages, etc.

Authorization

Registers to be maintained by the employer


Particulars
(1) No employer shall pay to any worker, employed by him in an establishment or empl
remuneration, whether payable in cash or in kind, at rates less favorable than those at w
remuneration is paid by him to the workers of the opposite sex in such establishment o
for performing the same work or work of a similar nature. (2) No employer shall, for the
complying with the provisions of sub-section (1), reduce the rate of remuneration of an
Where, in an establishment on employment, the rates of remuneration payable before
commencement of this Act for men and women workers for the same work or work of
are different only on the ground of sex, then the higher (in cases where there are only t
the case may be, the highest (in cases where there are more than two rates) of such rat
rate at which remuneration shall be payable, on and from such commencement, to suc
women workers.PROVIDED that nothing in this sub-section shall be deemed to entitle a
revision of the rate of remuneration payable to him or her with reference to the service
him or her before the commencement of this Act.

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.

(2) Notwithstanding anything contained in sub-section (1), where any offence


has been committed by a company and it is proved that the offence has been
the consent or connivance of, or is attributable to any neglect on the part o
manager, secretary or other officer of the company, such director, manager, sec
office shall be deemed to be guilty of that offence and shall be liable to be proc
and punished accordingly.

Explanation : For the purposes of this section-

(a) "company" means any body corporate and includes a firm or other
individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

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.

Where the appropriate government is, on a consideration of all the circumstanc


satisfied that the differences in regard to the remuneration, or a particu
remuneration, of men and women workers in any establishment, or employmen
factor other than sex, it may, by notification, make a declaration to that effect,
the employer attributable to such a difference shall not be deemed to be contra
provision of this Act.
(1) Every complaint under clause (a) of sub-section (1) of section 7 shall be ma
in form ‘A’ to the authority. (2) A single complaint may be made by, or on behalf o
to, a group of workers, if they are employed in the same establishment and
relates to the same contravention. (3) A complaint may be made by the wo
herself or by any legal practitioner, or by any official of a registered Trade Union
writing to appear and act on his or her behalf or by any inspector appointed und
by any other person acting with the permission of the authority.

(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

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 3
redressal)Act,2013

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 4
redressal)Act,2014
The Sexual Harassment Of Women at
Workplace(Prevention,Prohibition and 9
redressal)Act,2015

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 10
redressal)Act,2016

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 11
redressal)Act,2017
The Sexual Harassment Of Women at
Workplace(Prevention,Prohibition and 12
redressal)Act,2018

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 13
redressal)Act,2019
The Sexual Harassment Of Women at
Workplace(Prevention,Prohibition and 14
redressal)Act,2020

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 15
redressal)Act,2021
The Sexual Harassment Of Women at
Workplace(Prevention,Prohibition and 16
redressal)Act,2022

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 17
redressal)Act,2023

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 19
redressal)Act,2024
The Sexual Harassment Of Women at
Workplace(Prevention,Prohibition and 22
redressal)Act,2025

The Sexual Harassment Of Women at


Workplace(Prevention,Prohibition and 26
redressal)Act,2026
Description

Prevention of Sexual Harassment

Constitution of Internal Complaints Committee


Complaint of sexual harassment

Conciliation

Inquiry Into complaint


Action during pendency of inquiry

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

Penalty for publication or making known


contents of complaint and inquiry proceedings

Duties of employer
Employer to include information In annual report

Penalty for non-compliance with provisions of


Act
Particulars COMPLIANCE
(1) No woman shall be subjected to sexual
harassment at any workplace. (2) The following
circumstances, among other circumstances, if it
occurs or is present in relation to or connected with
any act or behaviour of sexual harassment may
amount to sexual harassment:- (i) implied or
explicit promise of preferential treatment in her
employment; or (ii) implied or explicit threat of
detrimental treatment in her employment; or (iii)
implied or explicit threat about her present or
future employment status; or (iv) interference with
her work or creating an intimidating or offensive or
hostile work environment for her; or (v) humiliating
treatment likely to affect her health or safety.
(1) Every employer of a workplace shall, by an
order in writing, constitute a Committee to be
known as the "Internal Complaints Committee":

Provided that where the offices or administrative


units of the workplace are located at different
places or divisional or sub-divisional level, the
Internal Committee shall be constituted at all
administrative units or offices.
(2) The Internal Committee shall consist of the
following members to be nominated by the
employer, namely:- (a) a Presiding Officer who
shall be a woman employed at a senior level at
workplace from amongst the employees:
Provided that in case a senior level woman
employee is not available, the Presiding Officer
shall be nominated from other offices or
administrative units of the workplace referred to
in sub-section (1):
Provided further that in case the other offices or
administrative units of the workplace do not
have a senior level woman employee, the
Presiding Officer shall be nominated from any
other workplace of the same employer or other
department or organisation;
(b) not less than two Members from amongst
and
1. inSubject
case of atoseries of incidents,ofwithin
the provisions section a period
10, the
of three months from the date of last incident:
Internal Committee or the Local Committee, as
the casethat
Provided maywhere be, shall, where thecannot
such complaint respondentbe is
an
made employee,
in writing,proceed
the Presiding to make
Officer inquiry
or any into the
complaint
Member of in theaccordance
Internal Committee with the or provisions
the of
Chairperson
the service orrules any Member
applicable of the
to Local
the respondent
Committee,
and where as nothe suchcaserules
may be, shall
exist, in render all
such manner
reasonable
as may beassistanceprescribed to the
or in woman
case for of making
a domestic the
complaint
worker,
1.      Thethe inInternal
writing:Committee
Local Committeeshall, or, ifasprimathe facie
case
case
may
Providedexist,
be,further forward
the Local theCommittee,
that the complaint
Internal to
Committee the police,
may, before
or, as
within a
initiating period of seven days
the case may be, the Local Committee may, foratthe
an inquiry under for
section registering
11 and the
case
reasonsunder
request toofbethe section
aggrieved
recorded 509
in of the
woman
writing, extend Indian
take the Penal
steps
time to
Code,
limit notand
settle the any
exceeding other
matter relevant
months, provisions
threebetween if her andof the
it is satisfied
that the
said Code
respondent circumstances
wherethrough were
applicable: such which prevented
conciliation:Provided that
the
no woman
monetary fromsettlement
filing a complaintshall within
be made the said as a
period.
Provided that where 2.the Where
basis of conciliation. aggrieved woman
a settlement
informs
has beenthe Internal
arrived Committee
at under sub-section or the(I), Local
the
2. Where
Committee, the aggrieved
as the case woman is unable
may be,Committee, to
that any termmake
Internal
a complaint Committee
on account orofthe herLocal
physical or mental as
or
the condition
case may
incapacity ofbe,
or death theor settlement
shall record the
otherwise, arrived
her at under
settlement
legal heir or so
sub-section
arrived
such other andperson (2) as
forward of may
section
the same 10
to the
be prescribed hasemployer
maynotmake been
ora
complied
the District
complaint with by
Officer
under thisthe
to respondent,
take
section. action as the Internal
specified in
Committee
the or the Local Committee
recommendation.3. The shall
Internal
proceed
Committee to or make an inquiry
the Local into theascomplaint
Committee, the case
or,
mayas thebe, case shallmay be, forward
provide the the copiescomplaint
of the to
the police: as recorded under sub-section (2) to
settlement
the aggrieved woman and the respondent.4.
Provided
Where a further settlement that where both at
is arrived theunder
partiessub- are
employees,
section (1), no thefurther
parties shall,shall
inquiry during be the course
conducted
of
by inquiry,
the Internal be given an opportunity
Committee or the of being
Local
heard and aas
Committee, copy
the ofcasethemay findings
be. shall be made
available to both the parties enabling them to
make representation against the findings before
the Committee.

2. Notwithstanding anything contained in


section 509 of the Indian Penal Code, the court
may, when the respondent is convicted of the
offence, order payment of such sums as it may
consider appropriate, to the aggrieved woman
by the respondent, having regard to the
provisions of section 15.

3. For the purpose of making an inquiry under


sub-section (I), the Internal Committee. or the
report of its Committee
the Internal findings to or thetheemployer, or as the
Local Committee,
case
as themaycasebe, may
the District
be, may Officer within a period
recommend to the
often daysto—
employer from the date of completion of the
inquiry and such report be made available to the
concerned
a. parties.the aggrieved woman or the
transfer
respondent to any other workplace; or
2. Where the Internal Committee or the Local
Committee,
b. grant leave as the case
to the may be,woman
aggrieved arrivesup at to
the
a
conclusion
period of three that the or
months; allegation against the
respondent has not been proved, it shall
recommend
c. to theother
grant such employer
relief toand
thethe District
aggrieved
Officer
woman that
as mayno action is required to be taken in
be prescribed.
the matter.
2. The leave granted to the aggrieved woman
3.
underWhere the Internal
this section shallCommittee or thetoLocal
be in addition the
Committee,
leave she would as the be case may entitled.
otherwise be, arrives at the
conclusion that the allegation against the
respondent
3. On thehas been proved,
recommendation of theit Internal
shall
recommend
Committee ortothethe Localemployer
Committee, or as
thethe District
case
Officer, as the case may be—
may be, under sub-section (1), the employer
shall implement the recommendations made
under sub-section i. (1) toandtake
sendaction
the for sexual
report of
harassment as a misconduct
such implementation in accordance
to the Internal Committee with
the provisions
or the of the service
Local Committee, as therules
caseapplicable
may be. to
the respondent or where no such service rules
have been made, in such manner as may be
prescribed;

ii. to deduct, notwithstanding


anything in the service rules applicable to the
respondent, from the salary or wages of the
respondent such sum as it may consider
appropriate to be paid to the aggrieved woman
or to her legal heirs, as it may determine, in
accordance with the provisions of section 15:

Provided that in case the employer is unable to


make such deduction from the salary of the
respondent due to his being absent from duty or
cessation of employment it may direct to the
respondent to pay such sum to the aggrieved
woman:

Provided further that in case the respondent


the complaint under sub-section (I) or sub-
section (2) of section 9, as the case may be, in
accordance with the provisions of the service
rules applicable to her or him or where no such
service rules exist, in such manner as may be
prescribed:

Provided that a mere inability to substantiate a


complaint or provide adequate proof need not
attract action against the complainant under this
section:

Provided further that the malicious intent on part


of the
For thecomplainant shall be established
purpose of determining the sums to after an
be paid
to the aggrieved
inquiry woman under
in accordance clause
with the(ii) of sub-
procedure
section (3) ofbefore
prescribed, sectionany
13, the Internal
action Committee or
IS recommended.
the Local Committee, as the case may be, shall have
regard
2. to
Where the Internal Committee or the Local
Committee,
a. the mental astrauma,
the casepain,may be, and
suffering arrives at a
conclusion that during
emotional distress caused the inquiry
to the any woman;
aggrieved witness
has given false evidence or produced any
forged
b. or in the
the loss misleading document,
career opportunity due toitthemay
incident
recommend of sexual harassment;
to the employer of the witness or
the District Officer, as the case may be, to take
c. medical
action expenses incurred
in accordance with thebyprovisions
the victim forof the
physical or psychiatric treatment;
service rules applicable to the said witness or
where no such service rules exist, in such
d. the income and financial status of the
manner
respondent;as may be prescribed.

e. feasibility of such payment in lump sum or in


installments.
to Information Act, 2005, the contents of the
complaint made under section 9, the identity
and addresses of the aggrieved woman,
respondent and witnesses, any information
relating to conciliation and inquiry proceedings,
recommendations of the Internal Committee or
the Local Committee, as the case may be, and
the action taken by the employer or the District
Officer under the provisions of this Act shall not
be published, communicated or made known to
the public, press and media in any manner:
Every employer shall—a. provide a safe
Provided that information may be disseminated
working environment at the workplace which
regarding the justice secured to any victim of
shall include safety from the persons coming
sexual harassment under this Act without
into contact at the workplace;b. display at any
disclosing the name, address, identity or any
conspicuous place in the workplace, the penal
other particulars calculated to lead to the
consequences of sexual harassments; and the
identification
Where any person of entrusted
the aggrieved woman
withCommittee
the duty and
to under
order constituting, the Internal
witnesses.
handle or deal(I)withofthesection
complaint,
subsection 4; inquiry
c. or any
organise
recommendations or action to be taken under the
workshops andAct,awareness
provisions of this contravenes programmes
the provisions ofat
regular intervals
section 16, he shall for sensitising
be liable the in
for penalty employees
with the provisions
accordance of the Act
with the provisions and
of the orientation
service rules
programmes for the members of
applicable to the said person or where no suchthe Internal
service rules exist,
Committee in inthe suchmanner
manner asas may bemay be
prescribed.
prescribed;d. provide necessary facilities to
the Internal Committee or the Local Committee,
as the case may be, for dealing with the
complaint and conducting an inquiry;e. assist
in securing the attendance of respondent and
witnesses before the Internal Committee or the
Local Committee, as the case may be;f.
make available such information to the Internal
Committee or the Local Committee, as the case
may be, as it may require having regard to the
complaint made under sub-section (1) of section
9; g. provide assistance to the woman if she
so chooses to file a complaint in relation to the
offence under the Indian Penal Code or any
other law for the time being 45 of 1860. in
force;h. cause to initiate action, under the
Indian Penal Code or any other law for the 45 of
1860. time being in force, against the
perpetrator, or if the aggrieved woman so
desires, where the perpetrator is not an
1. Where the employer fails to-•—

a. constitute an Internal Committee under


sub-section (1) of section 4;

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.

2. If any employer, after having been


previously convicted of an offence punishable
under this Act subsequently commits and is
convicted of the same offence, he shall be liable
to-CO twice the punishment, which might have
been imposed on a first conviction, subject to
the punishment being maximum provided for
the same offence:

Provided that in case a higher punishment is


prescribed under any other law for the time
being in force, for the offence for which the
accused is being prosecuted, the court shall
take due cognizance of the same while
awarding the punishment;

ii. Cancellation, of his licence or


withdrawal, or non-renewal, or approval, or
cancellation of the registration, as the case may
be, by the Government or local authority
required for carrying on his business or activity.

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