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Labour Law Compliances

The Apprentices Act, 1961 The Contract Labour (Regulation & Abolition) Act, 1970 The Child Labour (Prohibition & Regulation Act), 1986 The Industrial Disputes Act, 1946 The Minimum Wages Act, 1948 The Payment Of Gratuity Act, 1972 The Industrial Employment Standing Orders Act, 1946 The Employees Provident Fund & Miscellaneous Provisions Act, 1952 The Equal Remuneration Act, 1976 The Employees' State Insurance Act, 1948 The Payment Of Bonus Act, 1965 The Payment Of Wages Act, 1936 The Factories Act, 1948 The Employment Exchanges(Compulsory Notification Of Vacancies) Act, 1959 The Trade Unions Act, 1926 The Workmen's Compensation Act, 1923 Inter State Migrant Workmen( Regulation Of Employment & conditions Of service ) Act, 1979

THE APPRENTICES ACT , 1961 & APPRENTICESHIP RULES, 1991 Relev ant Claus e Rule 14 Rule 14 Rule 14

Type & S.N Nature Of o Document Form Apprenticeshi p- 1 Form Apprenticeshi p- 1-A Form Apprenticeshi p- 2 Form Apprenticeshi p- 3

Description Of the Form

Schedule Of Submission/ Maintenance Within 15 days of the date of registration of contract of apprenticeship At the end of every half year At the end of every half year

Submitting Authority

Remarks

Form giving personal details of Apprentices Form Giving Record of Practical Training & Related Instructions Report in respect of Trade apprentices receiving training in the establishment Form giving particulars of trade apprentices who satisfy the minimum conditions of eligibility to appear in the trade test in March or September

Regional Director/ State Apprenticeship advisor Regional Director/ State Apprenticeship advisor Regional Director/ State Apprenticeship advisor

To be prepared in duplicate this is kept inside Form 1

2 3

Rule 14

In the month of November & May

Regional Director/ State Apprenticeship advisor Regional Director/ State Apprenticeship advisor & The Principal, ITI where Basic Trg./ Related Instructions is proposed to be imparted to the Apprentice

Form Apprenticeshi p- 4

Half Yearly return of Apprentices Engaged

Rule 14

At the end of every half year

Form Apprenticeshi p- 5 Form Apprenticeshi p- 6

Form submitted on engagement of an apprentice Record Of Progress of Apprentices engaged in an establishment

Rule 14 Rule 14

within 10 days of engagement of an apprentice Quarterly

Central Apprenticeship Advisor/ Director, Regional Board Of Apprenticeship Training Director, Regional Board Of Apprentiship Training

Applicable only to Graduate or Technician or vocational apprentices

THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 & ITS CENTRAL RULES, 1971 Sectio n/Clau Schedule Of se/Su Submission/ bMaintenance clause

S.N Forms o

Description Of the Form

Submitting Authority

Remarks application to be accompanied by a DD showing payment of fees for registration; application shall be personally delivered or sent by registered post

Form I

Application For Registration of Establishments employing contract labour

Rule 17(1)

As & when required

Registering Officer of the area in which the establishment sought to be registered is located

2 3 4

Form II Form III Form IV

Certificate Of Registration Register Of Establishments Application For Licence

Rule 18(1) Rule 18(3) Rule

To be granted by the registering officer to the Principal Employer To be maintained by the Registering Officer showing particulars of establishments in relation to which certificates of registration have been issued To be submitted by the contractor for grant of a licence to the

21(1) 5 6 7 8 Form V Form V-A Form VI Form VI-A Form Of Certificate By Principal Employer Application for the adjsutment of security deposit Form of licence granted by the Office Of the licensing officer Notice of Commencement/ Completion Of Contract Work by the licencee Notice Of Comencement/ Completion of contract work by the employer for each contractor Application for renewal of licences Rule 21(2) Rule 24(1A) Rule 25(1) Rule 25(2) (viii) Rule 81(3) Rule 29(2)

licensing officer of the area in which the establishment, in relation to which he is the contractor, is located Issued by the Principal Employer to the As & when required contractor Application to be made by the Contractor to the licensing Officer To be granted by the licensing officer to the Contractor Within 15 days of To be submitted commencement & Inspector appointed under by the completion of contract Sec. 28 contractor work Within 15 days of commencement & To be submitted Inspector appointed under completion of contract by the Principal Sec. 28 work under each Employer contractor To be applied to the licensing officer by the contractor within 30 days before the date on which licence expires application to be accompanied by When conditions arise a DD showing requiring the Registering Officer of the payment of fees employment of area in which the for registration; contract labour establishment sought to be application shall immediately and registered is located be personally estimated to last not delivered or sent more than 15 days by registered post To be granted by the registering officer to the Principal Employer To be submitted by the contractor for grant of a licence to the

Form VI-B

10

Form VII

11

Form VIII

Application for temporary registration of establishments employing contract labour

Rule 32(2)

12 13

Form IX Form X

Temporary Certificate Of Registration Application for temporary

Rule 32(3) Rule

Licence 14 15 16 17 18 19 20 21 22 23 24 25 Form XI Form XII Form XIII Form XIV Form XV Form XVI Form XVII Form XVIII Form XIX Form XX Form XXI Form XXII Temporary Licence Register Of Contractors Register of Workmen employed by the contractor Employment Card Service Certificate Muster Roll Register Of Wages Register Of Wages cum Muster Roll Wage Slip Register of deductions for damage or loss Register Of Fines Register Of Advances

32(2) Rule 32(3) Rule 74 Rule 75 Rule 76 Rule 77 Rule 78(1) (a)(i) Rule 78(1) (a)(i) Rule 78(1) (a)(i) Rule 78(1) (b) Rule 78(1) (a)(ii) Rule 78(1) (a)(ii) Rule 78(1) (a)(ii)

licensing officer of the area in which the establishment, in relation to which he is the contractor, is located To be granted by the licensing officer to the Contractor To be maintained By the Principal Employer To be maintained by the contractor in respect of each registered establishment where he employs contract labour To be issued by the contractor to each worker within 3 days of employment of worker To be issued by the contractor to the workman whose services have been terminated for any reason whatsoever To be maintained by the contractor in respect of each work on which he engages contract labour To be maintained by the contractor in respect of each work on which he engages contract labour To be maintained by the contractor in respect of each work on which he engages contract labour To be issued by the contractor to the workmen atleast a day prior to the disbursement of wages( applicable when wage period is one week or more To be maintained by the contractor in respect of each work on which he engages contract labour To be maintained by the contractor in respect of each work on which he engages contract labour To be maintained by the contractor in respect of each work on which he engages contract labour

26 27

Form XXIII Form XXIV

Register Of Overtime Return to be sent by the contractor to the licensing officer Annual Return Of Principal Employer to be sent to the Registering Officer

Rule 78(1) (a)(iii) Rule 82(1) Rule 82(2)

To be maintained by the contractor recording therein the number of hours, and wages paid for, overtime work, if any To be sent by the contractor in duplicate to the licensing officer not later than 30 days from the close of half year Before 15th February following the end of the year to which it relates Registering Officer of the area in which the establishment sought to be registered is located

28

Form XXV

CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986

S.N o

Type & Nature Of Document

Description Of the Form To be maintained by every occupier of an establishment in respect of children employed or permitted to work Certificate of Age

Relev ant Claus e Rule 16(1) Rule 17(2)

Schedule Of Submission/ Maintenance

Submitting Authority

Remarks Shall be retained by the employer for a period of three years All young persons in employment in any of the occupations set forth in Part A or processes set forth in Part B of

1 2

Form A Form B

Yearly As & when felt necessary

.. Inspector

schedule to produce a certificate of age from the appropriate medical authority.

INDUSTRIAL DISPUTES ACT, 1947 & INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 Type & S.N Nature Of o Document Relev ant Claus e Schedule Of Submission/ Maintenance

Description Of the Form Form of application for the reference of an industrial dispute to a board of conciliation/court of enquiry/labour court/national tribunal Notice to represent persons on board Agreement

Submitting Authority

Remarks

Form A

Rule 3

Labour Secretary, GOI/Chief As & when a dispute is Labour sought to be referred Commissioner/RLC( C)/ALC( C) To be issued by the Labour Secretary to the parties requiring them to nominate a certain no. of persons to represent them on board Labour Secretary, GOI/Chief As & when a dispute Labour ought to be referred Commissioner/RLC( C)/ALC( for arbitration C) To be issued by a board/court/labour court/tribunal/national tribunal which requires the parties to produce any books, documents for purposes of investigation

Form B

Rule 6

Form C

Rule 7

Form D

Summons

Rule 17

Form E

Notice of change of service conditions proposed by an employer Form Of Authority Form Of Nomination Paper

Rule 34 Rule 36 Rule 47

6 7

Form F Form G

Labour Secretary, GOI/Chief Labour As & when a change Commissioner/RLC( C)/ALC( ought to be effected C)/Secretary of registered trade union to be sent to the concerned authority giving the names of representatives To be delivered to the employer nominating a candidate for election to the works' committee, duly signed by the proposer and the candidate Not later than 20th day of the month following the half year ALC( C)

Form G-1

Progress Report on Constitution and functioning of Works Rule Committee for the half year 56-A ending 30th June/31st December Form for memorandum of settlement Complaint under Section 33-A of the act Rule 58 Rule 59 Rule 60(1) Rule 60(2) Rule 62(1)

Form H

10

Form I

11

Form J

Application for permission Application for permission under Section 33 Application for recovery of dues

12 13

Form K Form K-1

To be sent to Labour Secretary, GOI/Chief Labour Commissioner/RLC( C)/ALC( C) duly signed by the parties to the proceedings. every complaint to be verified and to be presented in triplicate and to be accompanied by as many copies as there are opposite parties to the complaint. The complaint ought to be presented before the labour court/tribunal/National Tribunal to be made by the employer seeking express permission in writing of the Conciliation officer/board/labour court/tribunal/national tribunal to be made by the employer seeking express permission in writing of the Conciliation officer/board/labour court/tribunal/national tribunal for any action taken under Section 33-2(a) or (b) to be made by the workman or group of workmen to the Labour Secretary/ RLC when any money is due from an employer to a workman or group of

14

Form K-2

Application by a person authorised by a workman or heir of deceased workman for recovery of dues Application to the labour court to receive entitlements Application to the labour court by a person authorised by a workman or heir of deceased workman to receive entitlements Form of notice of strike to be given by Union/Workmen in a Public Utility Service Form Of Notice of Lock Out to be given by an employer carrying on a Public Utility Service Form of Report of Strike or Lock Out in a Public Utility Service Register Of Settlements Notice of comemncement of lay-off Notice Of Termination of lay off

Rule 62(1) Rule 62(2) Rule 62(2) Rule 71 Rule 72 Rule 73 Rule 75 Rule 75-A Rule 75-A

15

Form K-3

workmen to be made by a person authorised in writing by the workman or in the case of death of workman, the assignee or heir of the deceased workman to the Labour Secretary/ RLC when any money is due from an employer to a workman or group of workmen To be made by a workman or group of workmen to the labour court to receive entitlements due from an employer To be made by the assignee or heir of the deceased workman to the labour court to receive entitlements due from an employer To be made by Union/Workmen to the employer, with copy to ALC (C )/ RLC( C)/ CLC(C ) To be made by the Employer with a copy to The Secretary of the Registered Union/ ALC(C )/RLC( C)/CLC( C) Information in this form to be submitted immediately on the occurrence of strike or lock out in a public utility service to the ALC(C ) for the local area concerned To be filed by the conciliation officer in respect of settlements effected under this act in respect of areas within his jurisdiction within 7 days of RLC( C) with a copy commencement of lay forwarded to ALC( C) off within 7 days of RLC( C) with a copy termination of lay off forwarded to ALC( C)

16

Form K-4

17

Form L

18

Form M

19

Form N

20 21 22

Form O Form O-1 Form O-2

23

Form O-3

24

Form P

25

Form P-A

26

Form Q

27

Form Q-A

Form of application for permission to lay off, to continue the lay off of workmen in Industrial establishments to which provisions of Chapter V-B of the act applies Form of Notice of Retrenchment to be given by an employer under clause of section 25(F) of this act Form of Notice of Retrenchment to be given by an employer under clause (d) of section 25(N) of this act Form of notice of closure to be given by an employer under Section 25-FFA of The Industrial Disputes Act, 1947 Form of notice of closure to be given by an employer under Section 25-O(1) of The Industrial Disputes Act, 1947

Rule 75B(1)

to be sent to the concerned authority and sent through registered post acknowledgement due

Rule 76 Rule 76A(1) Rule 76-B Rule 76C(1)

To be given within 3 days from the date on which notice is served to the workman

Central Government/ RLC( C)/ ALC( C)/concerned employmeny exchange

to be served by the employer to the central govt. or such authority as specified under the act to be sent by the employer to the Labour Secretary(GoI)/ RLC(C )/ALC( C)/Local Employment Exchange to be served by the employer to the Labour Secretary(GoI) with a copy to the Registered Trade Union of the establishment

PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY(CENTRAL) RULES, 1972 Type & S.N Nature Of o Document 1 Form A Relevant Clause Rule 3 (1) Schedule Of Submission/ Maintenance Within 30 days from which the rules become applicable Submitting Authority

Description Of the Form

Remarks

Notice Of Opening

Form B

Notice Of Change

Rule 3 (2)

Form C

Notice Of Closure Notice for excluding husband from family Notice of withdrawal of notice for excluding husband from family Nomination

Rule 3 (3)

4 5

Form D Form E

Rule 5 (1) Rule 5 (2)

Form F

Rule 6 (1)

Concerned controlling authority of the area Within 30 days of any change Concerned in the particulars of the controlling establishment like name, authority of the address or nature of business area Concerned Atleast 60 days before the controlling intended closure of the authority of the business area To be submitted by the employee to the employer in triplicate. The employer after receipt forwards a copy to the concerned controlling authority of the area. To be submitted by the employee withdrawing the notice in form D to the employer in triplicate. The employer after receipt forwards a copy to the concerned controlling authority of the area. To be submitted by the employee to the employer in duplicate. The employer within 30 days of the receipt of nomination , verify with the service particulars and after attestation return back a copy to the employee. To be submitted by the employee within 90 days of acquiring a family to the employer

Form G

Fresh Nomination

Rule 6 (3)

8 9 10 11

Form H Form I Form J Form K

Modification Of Nomination Application for gratuity by an employee Application for gratuity by a nominee Application for gratuity by a legal heir

Rule 6 (4) Rule 7 (1) Rule 7 (2) Rule 7 (3)

To be submitted by the employee to the employer , in cases including where a nominee predeceases an employee To be submitted by the employee, eligible for payment of gratuity to the employer , within 30 days from which the gratuity becomes payable. To be submitted by the nominee of an employee to the employer within 30 days from the date of gratuity payable to him/her. For this purpose an application in plain paper may also be accepted To be submitted by the legal heir of an employee, eligible for payment of gratuity , to the employer, within 1 year from the date of gratuity payable to him/her On verification of claims made for payment of gratuity, the employer , within 15 days of receipt of an application , issue a notice to the applicant employee , his nominee or legal heir, specifying the amount of gratuity payable and fixing a date of payment not later than the 30th day of receipt of the application. On verification of claims made for payment of gratuity, if the claim is found inadmissible, the employer may issue a notice to the applicant employee, his nominee or legal heir , specifying the reasons why the claim is found inadmissible In cases wherein the employer refuses to accept a claim application or issues a notice specifying a amount of gratuity which is considered less by the applicant or fails to issue a notice under rule 8, the claimant employee/ his nominee/ legal heir may within 90 days of occurrence of cause for application, apply in form N to the concerned controlling authority of the area for issuing a direction On receipt of form N , the concerned controlling authority of the area may call upon the applicant and the employer to appear before him on a specified date, time and place. The controlling authority may , at any stage of proceedings, issue summons to the applicant or the employer to produce evidences, documents etc.

12

Form L

Notice for payment of gratuity

Rule 8 (1)

13

Form M

Notice rejecting payment of gratuity

Rule 8 (1)

14

Form N

Application for direction

Rule 10 (1)

15 16

Form O Form P

Notice for appearance before the controlling authority Summons

Rule 11 (1) Rule 14

17

Form Q

Particulars of application under Section 7 Notice for payment of Gratuity

Rule 16(1) Rule 17

18

Form R

19

Form S

Notice for payment of Gratuity as determined by appellate authority Application for recovery of gratuity Display of abstract of the act and rules

Rule 18(8)

20

Form T

Rule 19

21

Form U

Rule 20

The controlling authority to record the particulars of each case in form Q on subsequent verification of the genuineness of the claims made, the controlling authority to issue a notice , specifying to the employer , the amount of gratuity payable and directing the employer for payment of gratuity within 30 days of receipt of notice. The controlling authority on receipt of the decision of the appellate authority, modify his direction for payment of gratuity and issue a notice to the employer, specifying the modified amount of gratuity and directing payment within 15 days of receipt of notice by the employer. In situations wherein, the employer fails to pay the gratuity due under the act in accordance with the notice of the controlling authority , the employee/his nominee/legal heir may apply to the controlling authority in duplicate for recovery The employer to display an abstract of the act and rules framed thereunder in English and a language understood by the majority of employees at a conspicuous place or near the main entrance of the establishment

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 Schedule Of Submission/ Maintenance Within six months from the date on which this act becomes applicable

S.N Forms o 1 Form I

Description Of the Form Draft Standing Orders

Section/Clause/S ub-clause Section 3

Submitting Authority Certifying Officer

Remarks this form is to be accompanied by a statement giving particulars of the

to an establishment

workmen employed and the name of the trade union to which they belong

2 3 4

Form II Form III Form IV

Notice under Section 5 Register Appeal

Section 5 Section 8 Rule 7-A(1)

Form IV-A

Notice of changes in shift working

Rule 7-A of Schedule I

Form V

Service Card proforma

Standing order 1 of schedule I-B

To be sent by the certifying officer, on receipt of draft standing orders to the trade union requiring any objections from their end To be maintained by the certifying officer. This contains a copy of all certified standing orders To be made by any person dsiring to prefer an appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of standing orders Any notice of discontinuance or of restarting of a shift working shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment. A copy of such notice to be given to the secretary of the registered union. to be maintained by every industrial establishment a service card duly attested by an authorised officer in respect of each workman in the form appended to these orders

EMPLOYEES' PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952 & THE SCHEMES PROVIDED THEREUNDER Type & S.N Nature Of o Document 1 Form 2 Schedule Of Submission/ Maintenance As & when a new entrant joins the scheme

Description Of the Form Declaration & Form of nomination for EPF / Pension/ IF to be filled in by the eligible

Relevant Clause 33(EPF);18(EPS);10 (EDLI)

Submitting Authority Concerned RPFC

Remarks

employee Form 3A/ Form 7 (PS) Form 9/Form 3(PS)/ Form 1(IF) Form 5 / Form 4(PS)/Form 2 (IF) Form 10 / Form 5(PS) Members' Annual Contribution 35,42,43,44(EPF); Cards 19(EPS) Consolidated return of employees entitled to become members of the funds on the date of application of the scheme Return of employees qualifying for membership under PF, Pension & Insurance Fund for the first time during the month Return of employees leaving the service of the employer during the month Return of ownership in duplicate Consolidated Statement Of Dues and Remittance Consolidated Annual Contribution statement Form concerning transfer of previous accumulation dues from existing PF 36(EPF); 20(EPS); 10(EDLI) By 30th April every year for the year ending 31st March within 15 days of the commencement of the scheme Concerned RPFC Concerned RPFC

36(EPF); 20(EPS); 10(EDLI)

within 15 days of the close of month within 15 days of the close of month Immediately on coverage & within 15 days of making any change in the establishment within 20 days of the close of the month By 30th April every year for the year ending 31st March As and when required

Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC

36(EPF) ; 20(EPS)

Form 5-A Form 12-A/ Form 6 (PS)/ Form 4 (IF) Form 6-A/ Form 8 (PS) Form 13

36A(EPF); 21(EPS); 1(EDLI) 38(EPF) ; 20(EPS) ; 10(EDLI) 43(EPF) ; 20(EPS) 28(EPF)

7 8 9

10

Form 11 Challan ( there is one consolidate d challan of accounts 1,2,10,21 & 22 ) Form- 10 C

Details of past employment / membership of employee Remittance of PF contribution, Pension fund, Administration & Inspection Charges, EDLI & its admin. Charges Form to be used by a member of EPS 1995 for claiming withdrawal benefit / Scheme Certificate Form to be used for claiming superannuation pension, Retirement pension, Short Service Pension, Disablement pension, Widow Pension, Children Pension, Orphan Pension Claim form to be used by a major member of the EPF scheme Claim form to be used by a nominee/ or a legal heir in case of death of a member of the EPF scheme

As and when required

Concerned RPFC

11

within 15 days of the close of month

Concerned RPFC

12

As and when required

Concerned RPFC

13

Form- 10 D

As and when required

Concerned RPFC

14

Form- 19

As and when required

Concerned RPFC Concerned RPFC

15

Form- 20

As and when required

EQUAL REMUNERATION ACT, 1976 & EQUAL REMUNERATION RULES, 1976

Type & S.N Nature Of o Document 1 Form A

Description Of the Form Form of complaint under clause (a) of sub section (1) of section 7 of the act

Relevant Clause

Schedule Of Submission/ Maintenance As & when needed

Submitting Authority Appropriate authority appointed under Section 7(1) Appropriate authority appointed under Section 7(1) Appropriate authority appointed under Section 7(1) ---

Remarks

Rule 3(1)

To be submitted in triplicate

Form B

Claim form under Section 7(1) Rule 4(1) of the act Form Of Authority in favour of legal practitioner or any official of a registered Trade Union Register to be maintained by the Employer

As & when needed

To be submitted in triplicate

Form C

Rule 5

As & when needed To be maintained up to date

Form D

Rule 6

EMPLOYEES STATE INSURANCE ACT, 1948 & EMPLOYEES STATE INSURANCE REGULATIONS, 1950

Type & S.N Nature Of o Document 1 Form I

Description Of the Form

Relevant Clause

Schedule Of Submission/ Maintenance

Submitting Authority

Remarks

Declaration Form

Regulation 11 & 12

to be filled in by the employee with his signature or thumb impression and submit it to the employer

Form I-A

Family Declaration Form

Regulation 15-A

Form I-B

Changes in family declaration form

Regulation 15-B

to be filled in by the employee and submitted back to the employer , who shall forward the same to the appropriate office within 10 days from the date of submission by the employee to be submitted by the insured person to the employer within 15 days of such changes occurring and the employer in turn would forward the same to the appropriate office within 10 days of receipt. to be sent by the employer to the appropriate office within 10 days of receipt of the filled up forms to be issued by the appropriate office in respect of all insured employees, and send the same to the employer, who shall issue the same to the concerned employee after obtaining the signature in the card to be arranged by the appropriate office and necessary family particulars added in Form 4 to be sent by the employer in quadruplicatealongwith receipt copies of challans to the appropriate office within 42 days of termination of related contribution period; within 21 days of permanent closure of the factory; within 7 days of the date of receipt of requisition from the appropriate office

Form 3

Return of declaration forms

Regulation 14

Form 4

Identity Card

Regulation 17

Form 4-A

Family Identity Card

Regulation 95-A

Form 6

ESIC-Return of Contributions

Regulation 26

Form 7

Register Of Employees

Regulation 32

to be maintained by the employer in respect of every employee of his factory or establishment this medical certificate is to be issued by the insurance medical officer during the first examination in respect of a spell of sickness or a spell of temporary disablement to be issued by the insurance meddical officer, when he feels that not later than 3 days of the date of examination(other than a first certificate) the insured employee would be fit to resume duties to be submitted by the insured person within 7 days (commencing from the date of first certificate) in cases wherein the final certificate is not issued within 7 days of issue of first certificate to be furnished by the insured person in cases wherein the insurance medical officer feels that temporary disablement has continued for not less than 28 days and such disablement is likely to continue for a longer period to be submitted by the insured person desirous of claiming sickness or temporary disablement benefit to the appropriate local office by post or otherwise alongwith appropriate medical certificates

Form 8

First Certificate

Regulation 57 & 89-B

10

Form 9

Final Certificate

Regulation 58 & 89-B

11

Form 10

Intermediate Certificate

Regulation 59 & 89-B

12

Form 11

Special Intermediate Certificate

Regulation 61 & 89-B

13

Form 12

Sickness or Temporary Disablement Benefit

Regulation 63

14

Form 12-A

Maternity Benefit for sickness

Regulation 89-B

15

Form 13

Sickness or Temporary Disablement Benefit or Maternity Benefit for sickness

Regulation 63 & 89-B

16

Form 13-A

Maternity Benefit for sickness

Regulation 89-B

17

Form 14

Sickness or Temporary Disablement Benefit or Maternity Benefit for sickness

Regulation 63

18

Form 14-A

Maternity Benefit for sickness

Regulation 89-B

to be submitted by every insured woman claiming maternity benefit in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise to be submitted by the insured person or insured woman desirous of claiming sickness or temporary disablement benefit to the appropriate local office by post or otherwise alongwith appropriate medical certificates to be submitted by every insured woman claiming maternity benefit in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise to be submitted by the insured person or insured woman desirous of claiming sickness or temporary disablement benefit to the appropriate local office by post or otherwise alongwith appropriate medical certificates to be submitted by every insured woman claiming maternity benefit in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise

19

Form 15

Accident Book

Regulation 66

20

Form 16

Accident Report from Employer Dependant's benefit - Death Certificate

Regulation 68

To be maintained by the employer in which appropriate particulars of any accident causing personal injury to an insured person may be entered and preserved every such book for a period of five years. to be furnished by the employer to the nearest local office and to the nearest insurance medical officer immediately if the injury is serious To be issued free of charge by the Insurance Medical Officer attending the disabled person at the time of his death To be submitted by the dependant or dependants concerned or by the legal representative of the insured member with all supporting documents to the appropriate local office by post or otherwise To be submitted by the dependant whose claim for dependant's benefit is admitted, to the local appropriate office except in the case of first and final payments To be submitted by an insured woman before confinement to the local appropriate office To be submitted by an insured woman before confinement to the local appropriate office

21

Form 17

Regulations 79 & 95-C

22

Form 18

Dependant's benefit - Claim Form

Regulation 80

23

Form 18-A

Dependant's Benefit - Claim Form for periodical Payments Maternity Benefit - Notice of Pregnancy Maternity Benefit - Certificate of Pregnancy

Regulation 83-A

24

Form 19

Regulation - 87

25

Form 20

Regulation - 87

26

Form 21

Maternity Benefit - Certificate of Expected Confinement

Regulation - 88

27

Form 22

Maternity Benefit - Claim Form

Regulation 88 & 89

28

Form 23

Maternity Benefit - Certificate Regulation 88 & 89 of Confinement or Miscarriage

29

Form 24

Maternity Benefit - Notice Of Work Maternity Benefit after the death of an insured woman leaving behind the child / Maternity Benefit- Death Certificate Claim for Permanent Disablement Benefit

Regulation 91

30

Form 24-A & 24-B

Regulation 89-A

31

Form 25

Regulation 76-A

To be submitted by every insured woman claiming maternity benefit before confinement not earlier than 15 days before the expected date of confinement To be submitted by every insured woman to the local appropriate officestating therein the date on which she ceases to work for remuneration and if the insured woman is claiming maternity benefit for miscarriage the claim form ought to be submitted within 30 days of the date of miscarriage. To be submitted by every insured womanwothin 30 days of the date on which her confinement takes place to the local appropriate office To be furnished by an insured woman who has claimed maternity benefit, if she does work for remuneration on any day during the period for which maternity benefit would be payable to her. To be submitted by the nominee or legal representative of the insured woman to the local appropriate office, a claim for maternity benefit within 30 days of the death of the insured woman, together with a death certificate in 24-B To be submitted by an insured person declared as permanently disabled by a Medical Board to the local appropriate office by post or otherwise

32

Form 25-A

Funeral Expenses Claim Form

Regulation 95-E

33

Form 26

Certificate for permanent disablement benefit

Regulation 107

34

Form 27

Declaration & Certificate for Dependant's Benefit

Regulation 107-A

35

Form 28

Abstention Verification

Regulation 52-A

36

Form 28-A

Abstention Verification

Regulation 52-A

To be submitted by the claimant entitled, to the local appropriate office and in case of a minor, by his guardian and the form ought to be submitted with all supporting documents To be submitted by every person whose claim for permanent disablement has been admitted at six monthly intervals, a certificate attested by such authority as may be specified by the director general To be submitted by every person whose claim for dependant's benefit has been admitted at six monthly intervals , duly attested by such authority as may be specified by the director general To be furnished by every employer to the appropriate office, such particulars & information in respect of abstention of an insured person from work for which sickness benefit or disablement benefit for temporary disablement have been claimed or paid To be furnished by every employer to the appropriate office, such particulars & information in respect of abstention of an insured woman from work for which maternity benefit hass been claimed or paid

PAYMENT OF BONUS ACT, 1965 & PAYMENT OF BONUS RULES, 1975

Type & S.N Nature Of o Document 1 2 Form A Form B

Description Of the Form

Relevant Clause

Schedule Of Submission/ Maintenance To be maintained by the employer To be maintained by the employer To be maintained by the employer

Submitting Authority -----

Remarks

Form C

Register showing the computation of allocable Rule 4(a) surplus Register showing the set on & Rule 4(b) set off of the allocable surplus Register showing the details of amount of bonus due to each of the employees, the Rule 4( c ) deductions under section 17 & 18 and the amount actually disbursed Annual Return stating the amount of bonus paid to employees for the accounting year ending on 31st March

---

Form D

Rule 5

Within 30 days after the expiry of time limit Inspector specified for payment of bonus

Time limit for the said purpose is within a period of eight months from the close of accounting year

PAYMENT OF WAGES ACT, 1936 & PAYMENT OF WAGES RULES, 1937 Type & S.N Nature Of o Document 1 2 Form A Form B Description Of the Form Form Of Individual Application Form Of Group application Relevant Clause Section 15(2) Section 15(2) Schedule Of Submission/ Maintenance Within 12 months from the the date on which deductions were made or the date on which payment was due, as the case may be. Within 12 months from the the date on which deductions were made or the Submitting Authority Inspector Of Factories Inspector Of Factories Remark s

date on which payment was due, as the case may be. 3 Form C Form of application by an inspector or person Section 15(2) & permitted by the authority Section 16 or authorised to act Certificate Of Authorisation Section 15(2) Within 12 months from the the date on which deductions were made or the date on which payment was due, as the case may be. Within 12 months from the the date on which deductions were made or the date on which payment was due, as the case may be. When an application is entertained under section 15(2), the authority shall hear the applicant & the employer and direct the employer for refund of deductions made or payment of delayed wages or make no directions if the application is found to be malafide. Record of order of direction to be made by the authority under the act Within 30 days of the date on which order or direction was made, an appeal could be made by the employer/ employee or his legal practitioner and the judge of the district court to issue the notice to the respondent of the day fixed for hearing of appeal. Inspector Of Factories Inspector Of Factories

Form D

Form E

Notice for disposal of application

Section 15(3)

Form F

Record of order or direction Notice to respondent of the day fixed for the hearing of appeal under section 17 of the act

Section 15(3)

Form G

Section 17

FACTORIES ACT, 1948 & BIHAR FACTORIES RULES, 1950

Type & S.N Nature Of o Document 1 Form 1

Description Of the Form Application for permission to construct, extend or take into use any building as a factory Application for registration and grant or renewal of licence Notice of Change of Manager Licence to work a factory Certificate Of Fitness Humidity Regsiter Record of Lime Washings, Paintings etc. Report of examination of pressure vessel Register Of Compensatory Holidays Overtime Muster Roll for exempted workers Overtime Slip Notice Of Periods Of Work for Adult Workers

Relevant Clause

Schedule Of Submission/ Maintenance

Submitting Authority

Remarks

To be submitted to the Chief Inspector Of Factories, duly signed by the Occupier Of the factory before commencing the manufacturing process To be submitted by the Occupier/Manager to the Inspector Of Factories of the area concerned not later than the date on which the license expires Rule 12-A Rule 5 Rule 14-2(a) Rule 24 Rule 15 to be made by the occupier and submitted to the Chief Inspector Of Factories with the signature of the new manager and occupier appended To be granted by the Inspector Of Factories after verifying the correctness of the application. This licence shall remain valid upto 31st december of the year for which it is granted To be granted by the certifying surgeon to the young persons employed in a factory Temperatures recorded in a Hygrometer to be entered in this register. To be maintained with the dates on which white washing, colour washing, varnishing etc. are carried out. To be maintained by the manager in respect of compensatory holidays To be maintained by the manager of every factory in which workers are exempted under Sections 64 or 65 To be exhibited by the Manager of every factory

2 3 4 5 6 7 8 9 10 11 12

Form 2 Form 3 Form 4 Form 5 Form 6 Form 7 Form 8 Form 9 Form 10 Form 10-A Form 11

Rule 77(4) Rule 78

Rule 79

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Form 12 Form 12-A Form 13 Form 14 Form 15 Form 16 Form 17-A Form 18 Form 19 Form 20 Form 21 Form 22 Form 23 Form 24 Form 25

Register Of Adult Workers Identity Card Of Workers Notice of Periods of work for child workers Register Of Child Workers Register Of Leave with wages Health Register Notice Of Accident or dangerous occurrence Notice Of Poisoning or disease Abstract of the Act Annual Return Half Yearly Return Muster Roll Register Of Accidents Special Certificate Of Fitness Certificate Of Fitness for dangerous operations

Rule 80 Rule 80-A Rule 85 Rule 86 Rule 87 Section 87 Rule 96 Rule 97 Rule 99 Rule 100(1)

To be maintained in every factory To be issued to every worker with the signature of occupier/manager of the factory To be exhibited by the Manager of every factory To be maintained in respect of child workers employed To be maintained by the manager of every factory To be maintained by the manager in respect of dangerous operations Factory Inspector; SDO;Officer-InWithin 12 hours of occurrence Charge of the nearest police of an accident station To be sent by the manager of the factory as soons as any worker contacts any disease specified in the schedule to the Chief Inspector/ Inspector/Medical Inspector/Certifying Surgeon To be displayed in every factory

To be furnished by the Manager to the Chief Inspector before 15th January of the year subsequent to which it relates To be furnished by the Manager to the Chief Inspector before 15th Rule 100(2) July of each year To be maintained by the manager of every factory in respect of Rule 103 workers employed in the factory To be maintained in every factory furnishing complete details in Rule 104 respect of every accident which may occur To be granted by the certifying surgeon in respect of persons employed in operations involving use of lead compounds To be granted by the certifying surgeon in respect of persons Rule 96 employed in dangerous operations

28 29 30 31 32 33

Form 26 Form 27 Form 28 Form 29 Form 30 Form 31

Register Of Surgeon's fees for the issue of duplicate Rule 14 certificate Certifying Surgeon's visit Note Diary Of Inspector Of Factories Closure Report Of a Factory Register of Water Sealed Gas Holder Report of examination of water sealed gas holders Register of trained adult male workers employed to carry out mounting or shifting or belts, lubrications etc. Certificate to young persons considered fit to work at machine, plant or process of dangerous character Form Of Certificate Of Stability Record Of Eye Examination Rule 57-A Rule 57-A Rule 14 (9)

To be maintained by the certifying surgeon or examining surgeon in respect of fees paid for issue of a duplicate certificate To be handed over by the certifying surgeon or examining surgeon to the Manager detailing the result of each visit to the factory

To be maintained by the manager in respect of examination reports of the gas holders carried out by the person qualified to carry out the test To be submitted by the person carrying out the examination in the form of a report to the manager or the occupier. To be maintained in every factory carrying therein the name of every worker who may be employed in performing work specified in section 21

34

Form 32

Rule 59-A

35

Form 33

Rule 59-B(2)

To be maintained by the manager, containing therein the certifcates issued to young persons. To be sent by the manager or occupier of the factory to the chief Inspector in respect of the manufacturing process carried out. To be sent by the manager/ occupier within 15 days from the date of examination.

36 37

Form 34 Form 35

Rule 3-A Rule 59-C(4)

EMPLOYMENT EXCHANGES( COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

Type & S.N Nature Of o Document 1 Form ER- 1

Description Of the Form Quarterly return to be submited to the local employment exchange Occupational Return to be submitted to the local employment exchange Requisition form to be used when calling for applicants from Employment Exchanges

Relevant Clause Rule 6

Schedule Of Submission/ Maintenance Within 30 days of the due dates i.e. 31st March, 30th June, 30th September & 31st December Biennial ( within 30 days of due date)

Submitting Authority Local Employment Exchange Local Employment Exchange Central /local Employment Exchange depending on the nature of vacancies

Remarks

Form ER- 2

Rule 6

Requisition form

Rule 4

As & when vacancies arise

TRADE UNIONS ACT, 1926 AND CENTRAL TRADE UNION REGULATIONS, 1938 Type & S.No Nature Of Document Submitti ng Authorit y Registrar of Trade Unions

Description Of the Form Application for registration of trade union Register of trade unions Certificate of Registration of Trade Union Annual Return For the year ending 31st March

Relevant Clause

Schedule Of Submission/ Maintenance

Remarks The application to be accompanied by a copy of the rules of trade union and other particulars

Form A

Section 5 & Regulation 3 Section 8 & Regulation 4 Section 9 & Regulation 5 Section 28 & Regulation 12

As & when a trade union comes into existence

2 3 4

Form B Form C Form D

To be maintained by the Registrar of trade unions, up to date To be issued by the Registrar Of Trade Unions on registering a trade union Registrar By 31st July each year of Trade Unions

WORKMEN'S COMPENSATION ACT, 1923 & WORKMEN'S COMPENSATION RULES, 1924 S.N o Type & Nature Of Document Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remark s

Form A

Deposit of compensation for fatal accident Deposit of compensation for non fatal accident to a woman or person under legal disability Receipt for compensation Statement of disbursements Deposit of compensation for non-fatal accidents, other than to a woman or person under legal disability Receipt for compensation Report of fatal accidents Application for compensation by workman Application for order to deposit compensation Application for commutation Notice Notice Memorandum Of Agreement concerning injury resulting in temporary disablement

Rule 6(1)

To be submitted by the employer as & when an injury resulting in death occurs.

2 3 4 5 6 7 8 9 10 11 12 13

Form AA Form B Form C Form D Form E Form EE Form F Form G Form H Form J Form JJ Form K

Rule 6(1) Rule 6 Rule 6(3) Rule 9 Rule 9 Rule 11 Rule 20 Rule 20 Rule 20 Rule 39 Rule 39(3) Rule 48

The Workmen's Compensation Commissioner The Workmen's to be submitted by the employer Compensation as & when an injury occurs. Commissioner To be given by the Commissioner to the employer on receipt of form A or B To be furnished by the Commissioner to the employer on receipt of application The Workmen's Compensation Commissioner To be given by the Commissioner to the employer on receipt of form D The Workmen's Within 7 days of death or serious Compensation bodily injury Commissioner to be made by the applicant and sent to the commissioner to be made by the applicant and sent to the commissioner to be made by the applicant and sent to the commissioner To be issued by the commissioner to the applicant for compensation To be issued by the commissioner to the applicant for compensation to be submitted by the employer as & when an injury occurs. To be sent by the employer to the commissioner

14 15 16

Form L Form M Form N

Memorandum Of Agreement concerning injury resulting in permanent disablement Memorandum Of Agreement concerning injury resulting in temporary disablement Notice to record memorandum of agreement Notice to not record memorandum of agreement

Rule 48 Rule 48 Rule 49 Rule 49 & 50

To be sent by the employer to the commissioner To be sent by the employer to the commissioner To be issued by the commissioner to the parties concerned on receiving a memorandum of agreement To be issued by the commissioner to the parties concerned on receiving a memorandum of agreement , stating reasons for failure to record the memorandum of agreement To be issued by the commissioner to the parties stating a date for hearing the parties and giving them an opportunity to show cause why the said agreement ought to be registered. To be issued by the commissioner to the parties stating a date for hearing the parties and giving them an opportunity to show cause why the said agreement ought to be registered and directing them to make all representations on the scheduled date To be maintained by the commissioner up to date

17

Form O

18

Form P

Notice of show cause

Rule 50

19

Form Q

Notice of show cause

Rule 50

20

Form R

Register Of Agreements

Rule 52

INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT & CONDITIONS OF SERVICE ) ACT, 1979

S.N o

Type & Nature Of Document

Description Of the Form

Relevant Clause

Schedule Of Submission/ Maintenance

Submitting Authority

Remarks

Form I

Application for registration of establishments employing migrant workmen

Rule 3(1)

2 3 4 5 6

Form II Form III Form IV Form V Form VI

Certificate Of Registration Register Of Establishment Application for license for recruitment Application for license for employment Form of Certificate by Principal Employer Application for adjustment of security deposit Form of license Application for renewal of license Form furnishing particulars in respect of recruitment and employment of migrant workmen

Rule 4(1) Rule 4(2) Rule 7(1) Rule 7(2) Rule 7(3)

7 8 9 10

Form VII Form VIII Form IX Form X

Rule 10(3) Rule 11(1) Rule 14(2) Rule 21

Application to be Registering Officer of accompanied by a the area in which the crossed demand As & when establishment draft and delivered required sought to be either by registered registered is located post or personally delivered To be issued by the registering officer to the principal employer once he registers the establishment To be maintaied by the registering officer showing particulars of establishments in relation to which certificates of registration are issued by him To be made in triplicate by the contractor to the licensing officer having jurisdiction in relation to the area wherein recruitment is made To be made by every contractor to the licensing officer, for employing migrant workmen To be issued by the Principal Employer to the contractor to the effect that he undrtakes to be bound by all rules related to recruitment or employment of migrant workmen, in respect of which the contracto is making the application. To be made by a contractor to the licensing officer claimig therein the refund of security deposit Every license issued by the licensing officer shall be in this form To be made by the contractor to the licensing officer thirty days before the date on which the license expires To be furnished by every contractor to the specified authorities under the act in respect of recruitment and employment of migrant workmen

11 12 13 14 15 16 17 18 19 20 21 22 23 24

Form XI Form XII Form XIII Form XIV Form XV Form XVI Form XVII Form XVIII Form XIX Form XX Form XXI Form XXII Form XXIII Form XXIV

Return to be sent by the contractor to the authorities Register Of Contractors Register Of Workmen employed by contractors Service Certificate Displacement & Outward journey allowances sheet Return Journey allowances Register Muster Roll Register of Wages Register Of Deductions for damage or loss Register Of Fines Register Of Advances Register Of Overtime Half Yearly Return to be sent by the contractor to the Licensing Officer Annual Return to be sent by the Principal Employer to the Registering Officer

Rule 24 Rule 48 Rule 49 Rule 50 Rule 51(1) Rule 51(1) Rule (a) Rule (a) Rule (c ) Rule (c ) Rule (c ) Rule (d) 52(2) 52(2) 52(2) 52(2) 52(2) 52(2)

To be furnished by every contractor to the specified authorities under the act in respect of migrant wormen who have ceased to be employed To be maintained by every principal employer of a registered establishment To be maintained by the principal employer and contractor in respect of migrant workmen employed To be issued by the contractor to the migrant workman/en on termination of his employment for any reason whatsoever To be maintained by every contractor in respect of displacement cum outward journey allowances To be maintained by every contractor in respect of return journey allowances To be maintained by every contractor in respect of migrant workmen To be maintained by every contractor in respect of migrant workmen To be maintained by every contractor To be maintained by every contractor To be maintained by every contractor To be maintained by every contractor To be sent by the contractor in duplicate to the licensing officer not later than thirty days from the close of half year To be sent by the Principal employer of a registered establishment in duplicate to the registering Officer before 15th February following the end of the year to which it relates

Rule 56(1) Rule 56(2)

MINIMUM WAGES ACT, 1948 & BIHAR MINIMUM WAGES RULES S.N o 1 2 3 4 5 6 7 8 9 10 11 12 Type & Nature Of Document Form I Form II Form III Form IV Form V Form VI Form VI- A Form VII Form VIII Form IX Form IX-A Form X Descriptio n Of the Form Rule 21(4) Rule 21(4) Rule 21(4A) Rule 25(2) Rule 26(5) Section 20(2) Section 21(1) Section 20(2) Section 20(2) Section 20(3) Rule 22 Rule 26(1) Schedule Of Submission/ Maintenance Ought to be up to date Ought to be up to date By Ist February each year Submitting Authority

Relevant Clause Register Of Fines Register of deductions for damage or loss caused to the employer, by the neglect or default of the employed persons Annual Return

Remarks

Register Of Overtime Ought to be up to date Muster Roll Ought to be up to date Form Of Application by an employee regarding any claim preferred by the employee/ inspector/official of registered trade union/legal practitioner may apply Form for a single application in respect of any number of employees employed in scheduled employment. Form of application by an Inspector to be presented within 6 months Authority or person acting with the permission from the date of payment of appointed of authority minimum wages under the act. Form in authority in favour of a legal to be presented within 6 months Authority practitioner/official of a registered from the date of payment of appointed trade union minimum wages under the act. Form Of Summons to the opponent When an application under section 20 is entertained , the to appaear before the authority authority shall hear the applicant & the employer. Abstracts of the Minimum Wages To be displayed at the factory Act, 1948 & the Bihar Minimum premises wages Rules, 1951 Ought to be up to date for every Register Of Wages wage period

13

Form XI

Rule 26(2)

Wage Slip

Ought to be issued every wage period

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