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Various Returns Under Factories Act 1948

Please find the soft copy of various returns under factories act.

 

FACTORIES ACT, 1948

Form 34 (Revised)

[Prescribed under Rule 12(a)]

ANNUAL RETURN

For the year ending 31st December __________

1.         Registration number of Factory :

2.         Name of Factory                                  :           M/s

3.         Name of Occupier                                :           Mr.

4.         Name of the Manager                           :           Mr.

5.         District                                                 :

6.         Full Postage Address of Factory           :

7.         Nature of Industry                                :

NUMBER OF WORKER AND PARTICULARS OF EMPLOYMENT

8.         No. of days worked in the year :

9.         No. of Man Days worked during the

                        a)         Men                             :

                        b)         Women                        :

                        c)         Children                       :

  1.       Average number of workers employed :

(See explanatory note)

                        a)         Adults              (i)         Men

                                                            (ii)        Women

                        b)         Adolescent       (i)         Male

                                                            (ii)        Female

                        c)         Children           (i)         Male

                                                            (ii)        Female

  1. Total No. of Man hours worked including over time :

a)   Men                             :

b)   Women                        :

c)   Children                       :

  1. Average number of hours worked per week :

(See explanatory note)

a)                  Men                             :

b)                  Women                        :

  1. (a) Does the factory carry out process or operations

            Declared as dangerous under section 87 (see rule 116)

       (b) if so, give the following information

Name of the dangerous process of operations   Average No. of persons employed daily in each of

Carried on                                                                    the processes or operations given in col 1

1                                                                                  2

(i)

(ii)

(iii)

LEAVE WITH WAGES

  1. Total number of workers employed during the year:

a)                  Men

b)                  Women

c)                  Children

  1. Number of workers who were entitled to annual

Leave with wages during the year

a)                  Men

b)                  Women

c)                  Children

  1. Number of workers who were granted leave during the year

a)                  Men

b)                  Women

c)                  Children

  1. a) Number of workers who were discharged, or

Dismissed from the services, or quit employment,

Or were superannuated, or who died while

Service during the year.

b) Number of such workers in respect of whom

wages in lieu of leave were paid.

SAFETY OFFICERS

18. a) Number of Safety Officers required to be

            Appointed as per notification under

            Section 40-B

      b) Number of Safety Officers appointed

AMBYLANCE ROOM

  1. Is there an ambulance room provided in the

Factory as required under Section 45?

CANTEEN

  1. a) Is there a canteen provided in the factory

required under section 46?

b) Is the canteen provided managed?

   i) Departmentally, or

   ii) Through a Contractor?

SHELTERS OR REST ROOMS AND LUNCH ROOMS

  1.  a) Are there adequate & suitable shelters or rest

Rooms provided in the factory as required under

Section 47?

b) Are there adequate and suitable much rooms

Provided in the factory as required under

Section 47?

CRECHES

  1. Is there a crèche provided in the factory as

Required under section 48?

WELFARE OFFICER

23. a)   Number of Welfare Officers required to be

            Appointed under section 49?

b)      Number of Welfare Officers appointed

ACCIDENTS

24. a)   Total Number of accidents (see explanatory note)

            i)          Fetal

            ii)         Non-Fetal

b) Accident in which workers returned to work

During the year to which this returns relate.

i)  Accidents (workers injured) occurring during

The previous year in which injured works

Returned to work during the year to which this

Return relates.

aa) Number of Accidents

bb) Man Days lost due to Accidents

c) Accidents (workers injured) occurring during the

Previous year in which injured workers did not

Return to work during the year to which this return relate to

            aa) Number of Accidents

            bb) Man Days lost due to Accidents

SUGGESTION SCHEME

25.  a) Is a suggestion scheme in operation in the factory?

       b) If so, the number of suggestions

i)     Received during the year

ii)       Accepted during the year

d)        Amount awarded in cash prizes during the year

i)     Total amount awarded

ii)                   Value of maximum cash prizes awarded

iii)                 Value of minimum cash prizes awarded

Certified that the information furnished above is to the best of my knowledge and belief, correct.

                                                                                                                        Signature of the Manager

                                                                                                                        Date……………………….

 

Explanatory Note: –

  1. The average number of workers employed daily should be calculated by dividing the aggregate number of attendance on working days (that is, man days worked) by the number of working days in the year. In reckoning attendance, attendance by temporary as well as permanent employed should be counted and all employees should be included, whether they are employed directly or under contractors. Attendance on separate shifts (e.g. night and day shifts) should be counted separately. Days on which the factory was closed for whatever cause and days on which the manufacturing processes were not carried on should not be treated as working days. Partial attendance for less than half a shift on a working day should be ignored, while attendance for half a shift or more or such day should be treated as full attendance.
  1. For seasonal factories, the average number of workers employed during the working season and off-season should be given separately. Similarly the number of days worked and average number of man-hours worked per week during the working and off-season should be given separately.
  1. The average number of hours worked per week means the total actual hours worked by all workers during the year excluding the rest intervals but including overtime work, divided by the product of total number of workers employed in the factory during the year and 52. In the case the factory has not worked for the whole year, the number of weeks during which the factory worked should be used in place of the figure52.
  1. Every person killed or injured should be treated as one separate accident. If in one occurrence six persons were injured or killed, should be counted six accidents.
  1. In item 24(a), the number of accidents, which took place during the year, should be given. In case non-fatal accidents only those accidents, which prevented workers from working for 48 hours or more, should be indicated.

 FORM NO. III

 

Annual Return for the year 2010

Prescribed under section 18(I) of the Minimum Wages Act, 1948 abd Rule 21 (4-A) of the H.P. Minimum Wages Rules, 1959

Note: Information may be given only for those categories of workers in respect of whom minimum wages have been fixed under the minimum wages act, 1948.

  1. Name of Establishment with full postal address:
  1. No. of days worked during the year:

Adults              Children

  1. No. of Man days worked during the year                      _________      ________

(Total Attendence)

  1. Average No. of persons employed daily during

The year                                                                                   _________      _________

5.         Total Wages Paid                                                                     Rs._____________

6.         Cash Value of Wages Paid in Kind

  1.        Deductions made on account of

Fine                                          Damage or Loss                                   Breach of Contract

No. of Cases

Amount

No. of Cases

Amount

No. of Cases

Amount

 

  1. Balance of the fine fund at the beginning of the year  __________________
  2. Disbursement from the fine fund: –

Purpose                                                                        Amount Spent

                        a) _____________________________                      ______________________________

                        b) _____________________________                      _______________________________

                        c) _____________________________                      _______________________________

                        d) _____________________________                      _______________________________

10.  Balance of fine fund at the end of the year:              _____________________________

                                                                                                            Signature of the Manager

                                                                                                            Date ……………………

FORM IV

ANNUAL RETURNS UNDER THE PAYMENT OF WAGES ACT, 1936

WAGES AND DEDUCTION FROM WAGES]

RETURN FOR THE YEAR ENDING 31ST DECEMBER 2010    

  1. a) Name of the factory or establishment and postal address

b)  Code No.

c)  Industry

  1. Number of days worked during the year:
  2. a) No. of Man days worked during the year:

b) Average daily No. of persons employed during the year:

 

                                    Persons receiving                                              Persons receiving Rs. 1000 and

                                    Less than Rs. 1000                                           more but less than Rs. 10000

Adults

Children

a)      Gross amount paid as remuneration to persons getting less than Rs. 1000 including deductions under section 7 (2) …………………….. of which the amount due to profit sharing bonus is ……………………….. and that due to money value of concession is ………………………………..

b)      Gross amount paid as remuneration to persons getting Rs. 1000 and more but less than 10000 including deductions under section 7 (2) ……………… of which the amount due to profit sharing bonus is …………………. And that due to money value of concession is ………………………..]

  1. Total wages paid including deductions under section 7 (2) on the following account :-

Persons receiving less               Persons receiving Rs. 1000 and

Than Rs. 1000                          more but less than Rs. 10000

a)      Basic wages including over time

Wages and non-profit sharing

Bonus

b)      Dearness and other allowance

In cash

c)      Arrears of pay in respect of previous

Year paid and during the year.

 

  1. 5.                  Number of cases and amount realized as: –

 

Persons receiving less                           Persons receiving Rs. 1000  and

Than Rs. 1000                                      more but less than Rs. 10000

      No. of

Cases AmountNo. of CasesAmount

a)      Fines

b)      Deduction for Damages or Loss

c)      Deduction for Breach of Contract

6.   Disbursement From Fines fund:                         Purpose                        Amount

            a)

            b)

7. Balance of fines fund in hand at the end of the year Rs. ……………………….

                                                                                                                  Signature ………………….

                                                                                                                  Designation ……………….

 

  • This is the aggregate number of attendance during the year. The average daily number persons employed during the year is obtained by dividing the aggregate number of attendance during the year by the number of working days.
  • Money value of concessions should be obtained by taking difference of the cost price paid by the employer and the actual price paid by the employees for supplier of essential commodities given free or at concessional rates.

MATERNITY BENEFIT ACT, 1961

FORM ‘N’

(See rule 16)

(MATERNITY BENEFIT RULES, 1973)

Details of payment made during the year ending 31st December 2008

M/S

Name of person to whom paid              _____________                      Amount paid _____________

1.         Date of payment                                                                                   _______________

2.         Woman Employee                                                                                _______________

3.         Nominee of woman                                                                              _______________

4.         Legal representative of woman                                                  _______________

5.         Amount for the period preceding date of expected delivery                    _______________

6.         Amount of the subsequent period                                                          _______________

7.         Under section 8 of the Act                                                                    _______________

8.         Under section 9 of the Act                                                                    _______________

9.         Under section 10 of the Act                                                                  _______________

10.       Number of the woman workers who absconded after receiving the first installment of                                      maternity benefits                                                                                              _______________

11.       Cases where claims were contested in a court of law                             _______________

12.       Result of such cases                                                                              _______________

13.       Remarks                                                                                               _______________

 

                                                                                                SIGNATURE OF THE EMPLOYER

Date _____________

MATERNITY BENEFIT ACT, 1961

FORM “L”

(See Rule 16)

ANNUAL RETURN FOR THE YEAR ENDING 31ST DECEMBER 2008

1 Name of the Establishment M/S
2 Address of the establishment, P.O. District

3Date of opening the establishment 4Date of closing, if closed 5Postal address of the establishment 6Name of the Employer, postal address of the Employer 7Name of Managing Agent, if any, Postal Address of Managing Agent 8Name of Agent or Representative of employer, Postal address of Representative of Employer

9Name of Manager, Postal address of Manager

10(a) Name of Medical Officer, if any attached to the establishment?

(b) Qualification of medical Officer attached to the establishment

(c) Is he resident at the establishment?

(d) If a part time employee, how often does he pay visit to the establishment? 11(a) Is there any hospital attached to the establishment?

(b) If so, how manyu beds are provided for women employees?

(c) Is there a lady Doctor?

(d) If so, what are her qualifications?

(e) Is there a qualified Midwife?

(f) Has any Crech been Provided?

DATE: –

                                                                                                            SIGNATURE OF THE EMPLOYER

Form 35

HALF YEARLY RETURN

For the Period ending 30th June ___________

Name of Factory                                                          : M/s

Name of Occupier                                                        : Mr.

Name of the Manager                                                   : Mr.

  1. District                                                 :
  2. Full Postage Address of Factory           :
  3. Nature of Industry                                :
  4. Average No. of Employees worked      :

Men                             :

Women                        :

            Adults

                                                Men __________________

                                                Women _______________

            Childern

                                                Men __________________

                                                Women _______________

 

  1. Total Number of Hours worked at the end of  91104 hrs

31st Dec 2008 during the Half Year _______ Days

Signature of Occupier                                                                           Signature of Manager

  • The average number of workers employed daily should be calculated by dividing the aggregate number of attendance on working days (that is man days worked) by the number of working days in the last six months. In reckoning attendance, attendance by temporary as well as permanent employed should be counted and all employees should be included, whether they are employed directly or under contractors. Attendance on separate shifts (e.g. night and day shifts) should be counted separately. Days on which the factory was closed for whatever cause and days on which the manufacturing processes were not carried on should not be treated as working days.
  • Partial attendance for less than half a shift on a working day should be ignored, while attendance for half a shift or more such day should be treated as full attendance

Certified that the information furnished above is to the best of my knowledge and belief, correct.

Date …………………………..                                                                                  Signature of the Manager

WORKMEN’S COMPENSATION

Return relating to period from Jan-2008 to 31st Dec-2008

State                                                                       :

District                                                                   :

Town or Village                                                    :

Post Office                                                            :

Name of Establishment                                       :

Name of Work                                                      :

Average Numbers Employed Per day               : ____________________________________

                                Adults    (Men)                     :

                                Minors   (Women)               :

Accidents

Occupational Diseases

Number of cases of injuries in respect of which final compensation has been paid during the year Amount of compensation paid Number of cases of diseases in respect of which final compensation has been paid during the year Amount of compensation paid
Death Permanent Disablement Temporary Disablement Death Permanent Disablement Temporary Disablement Death Permanent Disablement Temporary Disablement Death Permanent Disablement Temporary Disablement
Adult

Minors

Date:………………………                                                                                   Signature………………………………

                                                                                                                                                                                                                                                                                                                                                                                                Designation……………………………

Note4s: –

  1. In case where more establishment than one are owned by the same employer, a separate return should be furnished for each establishment. When in any establishment the workmen employed fall in two or more of the district categories to which the return relates, e.g. in the case of a tea estate categories A and B (v) a separate sheet should be used for the statistics of each category.
  2. Enter the class of establishment according to the process or product, e.g. cotton weaving and spinning factory, coal mine.
  3. Include all employees whether permanent or temporary who would, in the case of accidents be eligible for compensation under the act and for whom a return is required to be furnished. Numbers employed should be shown even if there are no payments of compensation to report.
  4. Include only those cases in which the final payment of compensation was made during the year. A deposit with commissioner should be treated as a payment of the employer.
  5. Include all compensation paid in respect of the cases mentioned in footnote (4), whether such compensation was paid during the year or previous to its commencement. Exclude all payments in cases in which the final payment had not been made by the end of the year to which the return relates.
  6. Only such disablement as last for more than seven days should be shown [Section (4) (I)(d) of the Act]
  7. Where the benefit actually allowed (e.g. hospital leave on full pay) is in excess of the compensation admissible under the act, only the amount of compensation so admissible should be entered in the return.
  8. Viz, anthrax, lead poisoning, phosphorus poisoning, mercury poisoning, benzene poisoning, chrome ulceration and compressed air illness only.

MATERNITY BENEFIR ACT, 1961

 

FORM ‘O’

(See rule 16)

(HIMACHAL PRADESH MATERNITY BENEFIT RULES, 1973)

Prosecution during the year ending 31st December 2008

M/S

Place of employment of the women employee Number of cases instigated

Number of cases which resulted in convictionRemarks

 

 

 

 

 

                                                                                                SIGNATURE OF EMPLOYER

Dated: _______________________

MATERNITY BENEFIT ACT, 1961

FORM “M”

(See Rule 16)

EMPLOYMENT, DISMISSAL, PAYMENT OF BONUS, ETC., OF WOMEN FOR THE YEAR ENDING ON 31ST DECEMBER 2008

1 Name of [the Mine or Circus]
2 Aggregate number of women permanently or temporarily employed during the year
3 Number of women who worked for a period of not less than [eighty days] in the twelve months immediately preceding the date of delivery
4 Number of women who gave notice under section 6
5 Number of women who were granted permission to remain absent on receipt of notice of confinement
6 Number of claims for maternity benefit paid
7 Number of claims for maternity benefit rejected
8 Number of cases where pre-natal, confinement and post-natal care was provided by the management free of charge (section 8)
9 Number of claims for medical bonus paid (section 8)
10 Number of medical claims for medical bonus rejected.
11 Number of cases in which leave for miscarriage [MTP] was granted.
12 Number of cases in which leave for miscarriage [MTP] was applied for but was rejected.

a)      Number of cases in which leave for tubectomy operation under section 9A was granted.

b)      Number of cases in which leave for tubectomy operation was applied for but was rejected. 13Number of cases in which additional leave for illness under section 10 was granted 14Number of cases in which additional leave for illness under section 10 was applied for but was rejected. 15Number of women who died

a)      Before delivery.

b)      After delivery. 16Number of cases in which payment was made to persons other than the woman concerned 17Number of women discharged or dismissed while working 18Number of women deprived of maternity benefit and / or medical bonus under provision to sub section (2) of section 12 19Number of cases in which payment was made on the order of the Competent Authority or Inspector 20Remarks

N.B. – Full particulars of each case and reasons for the action taken under serials 7, 10, 12, 14, 17 and 18 should be given in Appendix below:-

DATE: –

                                                                                                            SIGNATURE OF THE EMPLOYER

 

FORM “XXV”

[See Rule 82(2)]

ANNUAL RETURNS OF PRINCIPAL EMPLOYER TO BE SENT TO THE REGISTERING OFFICER ENDING YEAR ON 31ST DECEMBER 2008

1 Full name and address of the Principal Employer

2Name of Establishment

(a) District

(b) Postal Address

(‘c) Nature of operations / industry / work carried on 3Full name of the Manager or person responsible for supervision and control of the establishment 4No. of contractors who worked in the establishment during the year (Give details in Annexure) 5Nature of work / operation on which contract labour was employed 6Total number of days during the year on which contract labour was employed 7Total number of days maydays worked by contract labour during the year 8Maximum No. of workmen employed directly on any day during the year 9Total no. of days during the year on which direct labour was employed 10Total No. of maydays worked by directly employed workmen 11Change, if any, in the management of the establishment, its location or any other particulars furnished to the Registering Officer in the application for Registration indicating also the date

Place:  Kumarhatti

DATE: –

                                                                                                                                    PRINCIPAL EMPLOYER

 

ANNEXURE TO FORM

Name and address                    Period of Contract        Nature of          Maximum                     No. of              No. of

Of the Contractor                     From  —  to o–            Work               No. of workers days                 Mondays

                                                                                                            Employed  by each       worked                        worked

                                                                                                            Contractor

            1                                              2                      3                                  4                      5                      6

 

FORM “XXIV”

[See Rule 82(1)]

RETURN TO BE SENT BY THE CONTRACTOR TO THE LICENSING OFFICER

HALF YEAR ENDING ON_______________________

1 Name and address of Contractor
2 Name and address of Establishment
3 Name and Address of Principal Employer

4Duration of ContractFrom                        to

 

5No. of days during the half year on which –

a)      the establishment of the principal employer had worked

b)      the contractors establishment had worked 6Maximum number of contract labour employed on any day during the half year:

Men

Women

Childern 7i)                    Daily hours of work and spread over—

ii)                   (a) Whether weekly holidays observed and on what day

(b) If so, whether it was paid for—

iii)        Number of man hours of overtime worked—

8Number of mandays worked by-

Men

Women

Childern 9Amount of wages paid

Men

Women

Childern 10Amount of deductions from wages, if any-

Men

Women

Childern 11Whether the following have been provided

i)                    Canteen

ii)                   Rest Rooms

iii)                 Drinking water

iv)                 Creches

v)                  First Aid

(if the answer is ‘yes’ state briefly standards provided)

Place:  Kumarhatti

DATE: –

                                                                                                                                    Signature of Contractor

[FORM D]

[See Rule 5]

Annual return – bonus paid to employees for the accounting year ending on 31.03.2008

                        1. Name of Establishment and its complete postal          M/s  

                                                                                                             

 

                        2. Name of Industry                                                      M/s  

                        3. Name of Employer                                                  

                        4. Total Number of Employee                          

                        5. Number of employees benefited by bonus payments

1

2

3

4

5

6

7

Total amount payable as bonus under section 10 or 1 of the Payment of Bonus Act, 1965 as the cas may be Settlement if any, reached under section 18(1) or 12(3) of the Industrial Dispute Act, 1947 with date Percentage of Bonus declared to be paid Total amount of bonus actually paid Date on which payment made Whether bonus has been paid to all the employees if not, reason for non payment Remaarks

Rs.

 

NIL

8.33%

Rs.  

 

Paid to all eligible employee

NIL

                                                                                                                                                 For  

Authorised Signatory

Ref.                                                                                                                              Date:

To

                        The Labour Commissioner – Cum-

                        Chief Inspector of Factories,

                        Shimla – Himachal Pradesh

Sub.                 Submission of Annual Return 2008

R/Sir,

                        Please find enclosed herewith the following documents:

  1. Application in prescribed form-34 (Revised)
  2. Workmen’s Compensation
  3. Application form No. III
  4. Application form No. IV
  5. Maternity Benefit Act, 1961 Form –“L”
  6. Maternity Benefit Act, 1961 Form – “N”
  7. Maternity Benefit Act, 1961 Form – “O”
  8. Maternity Benefit Act, 1961 Form – “M”
  9. Payment of Bonus Act, 1965 Form – “D”
  10. Half yearly Return Form – 35
  11. Principal Employer Return Form – 25

Kindly do the needful and oblige.

Thanking you.

Yours Truly,

For  

Authorised Signatory

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Abstract of Factories Act 1948

I have attached abstract of factories act 1948. Get copy of this and affix in the Notice Board.

 

FORM – 28
 

Prescribed under Rule 124
ABSTRACT OF THE FACTORIES ACT, 1948 AND THE …………………….
FACTORIES RULES,………………..
 
(To  be  affixed in a conspicuous and convenient place at or  near  the main entrance to
the factory )
 
Interpretation

1.      “Factory” means any premises including the precincts thereof  –

(i) wherein ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or whereon  twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on but  does not include a mine subject to the operation of  the  Mines   Act,  1952  (35 of 1952), or a mobile unit belonging  to  the  armed  forces  of the Union, a railway running shed or a hotel, restaurant or eating place.

Explanation  :-  For  computing the number  of  workers  for  the  purposes of this clause all the workers in different relays in a day  shall be taken into account.

2       .“Worker”  means  a person employed, directly or through  any  agency (including a  contractor)  with  or without the  knowledge of  the principal employer,  whether for remuneration or not, in any manufacturing  process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of  the manufacturing process; but does not include any member of the armed  forces of the Union.

3.          “Manufacturing process” means any process for  –

(i)           making,  altering, repairing, ornamenting,  finishing,  packing,  oiling,  washing,  cleaning,  breaking  up,   demolishing, or otherwise  treating or adapting any article or substance with  a  view to its use, sale, transport, delivery or disposal, or

(ii)                  pumping oil, water, sewage or any other substances; or

(iii)                generating, transforming or transmitting power; or

(iv)                composing   types  of  printing,  printing  by   letter   press,   lithography, photogravure  or other similar  process  or  book   binding; or

(v)                  constructing, reconstructing, repairing, refitting, finishing or  breaking up ships or vessels ; or

(vi)                preserving or storing any article in cold storage.

4.            Hours  of  work for adults (Sections 51 and 54).-  No  adult  worker  shall  be required or allowed to work in a factory for more than  48 hours in any week and for more than 9 hours in any day.

5.            Relaxation  of hours of work for adult (Section 64) .- The ordinary limits on working hours of adults may be relaxed in certain  special  cases,  e.g.,  workers engaged on urgent repairs;  in  work in the  nature  or preparatory or complementary work which must  necessarily  be  carried on outside the limits laid down for the general working of the factory; in work which is necessarily so intermittent  that the intervals for rest; in any work which for technical reasons must  be carried on continuously; in making or supplying articles of prime  necessity   which  must  be  made  or supplied  every  day; in a manufacturing process which cannot be carried on except
during fixed   seasons,  or at times dependent on the irregular action  of  natural forces;  in engine rooms or boiler houses or in attending  to  power plant or transmission machinery; in the printing of news papers, who are held up on account of the breakdown of machinery; in the loading or unloading of railway wagons or lorries or trucks; and in any work  which is notified by the State Government in the Official gazette as  a work of national importance.
Except  in  the  case of urgent repairs, the  relaxation  shall  not  exceed the
following limits of work inclusive of overtime :-

(i)  the  total number of hours of work in any day shall  not  exceed  ten;
(ii) the spread over inclusive of intervals for rest, shall not exceed  12 hours in any one day;
(iii) the total number of hours of work in a work, including overtime,  shall not
exceed sixty;
(iv) the  total  number of hours of overtime work  shall  not  exceed  fifty for any one quarter.

6.  Payment for overtime (Section 59).- Where a worker works in a factory for more than 9 hours in any day or for more than 48  hours  in  any week, he shall, in respect of overtime work, entitled to wages at the rate of twice his ordinary rate of wages.

7. Exemption of supervisory staff (Section 64).- Chapter VI, other than   the
provisions of clause (b) of sub-section (1) of section 66 and of  the proviso to that sub-section, of the Act-Working hours of  adults –  does  not apply to persons holding positions  of  supervision  or   management or are employed in a confidential position in a  factory, provided  that where the ordinary rate of wages of such person  does  not  exceed  rupees  seven hundred and fifty  per  month, they  are  entitled  to extra wages in respect of overtime work  under  Section 59.

8. Weekly  holiday  (Adults) (Section 52).- No adult  worker  shall  be  required  or allowed to work in a factory on the first day  of  the week, unless –

(a)  he  has, or will have, a holiday for a whole day on one  of  the  three days immediately before or after the said day, and

(b)  the  manager  of  the factory has, before the said  day  or  the  substituted day under clause (a) whichever is earlier, –

(i) delivered  a  notice at the office of the Inspector  of  his  intention to require the worker to work on the said day  and of the day which is to be substituted; and

(ii) displayed a notice to that effect in the factory:

Provided that no substitution shall be made which will result in any  worker
working  for more than ten days consecutively without a holiday for a  whole day.

9. Compensatory holidays (Section 53)- Where a worker in a factory, as  a result of exemption from the ordinary provision relating to weekly holidays,  is  deprived of any of the weekly holidays, he  shall  be allowed,  within the month in which the holidays were due to him  or within   the   two  months  immediately   following  that   month, compensatory holidays of equal number of the holidays so lost.
10. Intervals  for rest for adults (Section 55 and 56).- The periods  of work  of adult workers in a factory each day shall be fixed that  no  period  shall exceed 5 hours and that no worker shall work for  more   than 5 hours before he has had an interval for rest of at least half an  hour  and  that inclusive of his intervals for  rest  shall not  spread  over more than ten and a half hours in any day or, with  the permission of the Chief Inspector in writing, 12 hours.
11. Prohibition of double employment (Section 60,71 & 99).- No child or, except in certain circumstances, an adult worker, shall be  required or allowed to work in any factory on any day on which he has already been working in  any other factory. If  a  child works in a factory on any day on which he  has  already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine,  which may extend to Rs. 50 unless it appears to the court that the child so worked without the consent or connivance of such parent, guardian or   person.

12. Prohibition  of  employment of children under 14 (Section  67).-  No  child who has not completed his fourteenth year shall be required or allowed to work in any factory.

13. ours of work for children (Section 71).- No child shall be employed  or  permitted to work in any factory for more than four and  a  half hours  in  any  day  and during  the  period  of  at  least  twelve   consecutive  hours which shall include the interval between 10  P.M. and  6. A.M.  The  periods of work of all  children employed  in  a   factory shall be limited to two shifts which shall not  overlap or spread over more than 5 hours each and each child shall be  employed in only one of the relays.

The provision relating to weekly holidays shall also apply to  child  workers  and no  exemption form this provision may  be  granted in respect  of any child.

14. Pohibition of employment of women (Section 66).- No women shall  be  required or allowed to work in any factory except between the  hours of 6 A.M. and 7 P.M.The State Government may vary those limits  or  exempt  this restriction in case of women working in fish-curing  or fish-canning factories.

15.       Leave  with wages (Section 79, 80 and 83 and Rules).-  Every  worker  who has worked for a period of 240 days or more in a factory  during a calendar year shall be allowed during the subsequent calendar year  leave with wages for a number of days calculated at the rate of –

(i)   if an adult, one day for every twenty days of work performed  by    him during the previous calendar year; and

(ii)  if  a child, one day for every 15 days of work performed by  him  during the previous calendar year.

Explanation. 1. For the purpose of this sub-section –
(a)     any days of lay off, by agreement or contract or as  permissible  under the standing orders;

(b)     in the case of female worker, maternity leave for any number  of  days not exceeding twelve weeks; and

(c)      the leave earned in the year prior to that in which the leave is   enjoyed; shall  be  deemed  to be days on which the worker has  worked  in  a   factory for the purpose of computation of the period of 240 days  or  more, but he shall not earn leave for these days.

Explanation 2.- The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
For the leave allowed to him, a worker shall be paid at a rate equal to  the  daily average of his total full-time earning, for the  days  on  which he actually worked during  the month immediately preceding the leave exclusive of any overtime and bonus, but inclusive of dearness   allowance and the cash equivalent of the advantage accruing  through   the  concessional  sale to  the worker of  food grains  and  other  articles.

A worker whose service commences otherwise than on the first day  of  January shall be entitled to leave with wages at the rate  indicated   above,  if he has worked for two-thirds of the total number of  days  in the remainder of the calendar year.

If  a  worker is discharged or dismissed from service or  quits  his  employment or is supperanuated or dies while in service, during  the  course  of the calendar year,he or his heir or nominee as the  case may  be, shall be entitled to wages in lieu of the quantum of  leave  to  which   he  was  entitled  immediately  before  his  discharge, dismissal,  quitting  of  employment,  superannuation  or death,calculated  at the rates specified above, even if he had not  worked   for the entire period specified above.  Such payment shall be made –

(i)   whether   the  worker  is  discharged  or  dismissed  or  quits  employment, before the expiry of the second working day from the day of such discharge, dismissal or quitting; and

(ii)  where  the  worker is superannuated  or dies while in service, before the expiry of two months from  the  date  of   such superannuation or death.
If the employment of a worker who is entitled to leave with wages is  terminated  by the occupier before he has taken the entire leave  to  which  he is entitled, or if having applied for and having not  been  granted  such leave, the worker quits his employment before  he  has   taken  the  leave,  the occupier of the factory shall pay  him  the  amount  payable in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after  the  day  on which his employment is terminated and a worker  who  quits his employment, on or before the next pay day.

The  manager  shall maintain a register of leave with wages  in  the   prescribed Form 20 and shall provide each worker with a book  called  the “Leave Book” in the prescribed Form 21.  The leave book shall be   the  property of the worker and the manager or his agent  shall  not  demand  it  except  to  make entries of the  dates of  holidays  or   interruptions in service, and shall not keep it for more than a week at  a  time.  If a worker loses his leave book,  the  manager  shall   provide  him with  another  copy  on  payment of  paise …………..and shall complete it from his record.

Health
16. Cleanliness  (Section 11).- Except in cases specially exempted,  all    inside  walls and partitions, all ceilings or  tops of rooms and  all   walls, sides and tops of passages and stair-cases in a factory shall  be  kept white washed or colour washed.  The   whitewashing   or   colour washing shall be carried out at least once in every period  of   fourteen  months.  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.

17.       Disposal  of  wastes  and  effluents  (Section 12).-   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.

18.       Ventilation  and temperature (Section 13).- Effective  and  suitable    provision shall  be  made  in  every  factory  for  securing   and  maintaining   in   every workroom  adequate  ventilation   by   the    circulation  of fresh air and such a temperature as will  secure  to  workers therein reasonable conditions of comfort and prevent  injury to health.

19.       Overcrowding (Section 16).- Unless exemption has been granted, there shall be in every workroom of a factory in existence on the date  of commencement  of this Act at least 350 cubic feet and of  a  factory  built after the commencement of this Act at least 500 cubic feet  of  space  for  every worker employed therein, and for this  purpose  no account shall be taken of any space which is more than 14 feet above  the level of the floor of the room.

20.       Lighting (Section 17).- In every part of a factory where workers are  working   or  passing,  there  shall  be  provided  and   maintained  sufficient and suitable lighting, natural  artificial, or both.

21. Drinking  water (Section 18 and Rules).- 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. In  every  factory  wherein more than  250  workers  are  ordinarily  employed  the drinking water shall, during hot weather be cooled  by  ice or other effective methods.  The cooled drinking water shall  be   supplied  in  every  canteen,lunchroom and  restroom  and  also  at   conveniently accessible points throughout the factory.

22. Latrines and  urinals  (Section 19 and Rules).-  In  every  factory  sufficient  latrine and urinal accommodation of the prescribed  types   (separate  enclosed accommodation for male and female workers)  shall  be  provided conveniently situated and accessible to workers at  all times  while they are at the factory. Every latrine shall be  under  cover  and so partitioned off as to secure privacy and shall have  a   proper  door  and  fastenings.  Sweepers  shall  be  employed whose   primary  duty  it  would be to keep  clean  latrines,  urinals  and washing places.

23. Spittoons (Section 20).- In every factory, there shall be provided a  sufficient number of spittoons of the type prescribed in convenient places and they shall be maintained in clean and hygienic condition.   No  person shall spit within the premises of factory except  in  the  spittoons  provided for purpose.  Whoever spits in contravention  of   this  provision  shall be punishable with fine  not  exceeding  five rupees.

Safety
24. Fencing of machinery (Section 21).- In every factory dangerous parts  of
machinery  e.g., every moving part of a prime mover and every flywheel
connected to prime mover, etc. etc. shall be securely fenced  by safeguards of substantial construction which shall be  constantly  maintained  and kept in position while the parts of  machinery  they are fencing in motion or in use.

25. Work on or near machinery in motion (Section 22).- No woman or young    person shall be allowed in any factory to clean, lubricate or adjust   any  part  of  a prime mover or any  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.

26. Employment of young persons on dangerous machines (Section 23).-  No  young person  shall work at any machine declared  to  be  dangerous unless  he  has been fully instructed as to the dangers  arising  in  connection  with the machine and precautions to be observed and  has received  sufficient  training in work at the machine or is  under adequate  supervision by a person who has a thorough knowledge  and  experience of the machine.

27.       Casing  of new machinery (Section 26).- In all machinery  driven  by  power  and installed in any factory after the commencement  of  this  Act,  every set screw,bolt or key on any revolving shaft,  spindle, wheel  or pinion shall be so sunk,encased or otherwise  effectively  guarded  as to prevent danger; all spur, worm and other toothed or friction gearing which does not require frequent adjustment while  in  motion shall be completely encased, unless it is so situated  as  to as safe as it would be if it were completely encased.
Whoever  sells  or lets on hire or, as agent of a seller  or  hirer,  causes  or
procures to be sold or let on hire, for use in a  factory  any  machinery  driven  by power which does not  comply  with  these  provisions or any rules made under this section, shall be punishable  with  imprisonment  for a term which may extend to three  months  or with fine which may extend to five hundred rupees or with both.
28. Prohibition  of employment of women and children near cotton  openers  (Section
27).- No woman or child shall be employed in any part of  a  factory for pressing cotton in which a cotton opener is at work.

29.       Excessive weights (Section 34 and Rules).- No woman or young  person  shall, unaided by another person, lift, carry or move by hand or  on  head, any material,article, tool or appliance exceeding the maximum  limit in weight set out in the following schedule :-

SCHEDULE

Persons                                           Maximum weight of material,
article, tool or appliance

(a) Adult male                                              55 Kilograms
(b) Adult female                                           30 Kilograms
(c) Adolescent male                                    30 Kilograms
(d) Adolescent female                                20 Kilograms
(e) Male child                                               16 Kilograms
(f) Female child                                           14 Kilograms

30. Protection of eyes (Section 35 and Rules).- Effective  screens  or suitable
goggles  shall be provided for the protection of persons  employed in or in the immediate vicinity of processes which  involve  risk of injury to eyes from particles or fragments thrown off in the  processes  or  which  involve risk of injury to eyes by  reason  of   exposure to excessive light or infra-red or ultra-violet radiations.

31. Precautions  in case of fire (Section 38 and Rules).- Every  factory  shall be provided with adequate means of escape in case of fire  for the  persons
employed therein.The doors affording exit  from  any  room shall, unless they are of sliding type, be constructed to  open  outwards.   Every  window, door or other exit affording a  means  of  escape  in  case of fire, other than the means of exit  in  ordinary  use,  shall be distinctively marked.  Effective and clearly audible   means of giving warning in case of fire to every person employed  in  the factory shall be provided.  Effective measures shall be taken to  ensure  that  wherein  more  than  twenty  workers  are  ordinarily  employed  in any place above the ground floor, or wherein  explosive  or highly inflammable materials are used or stored, 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 case.

Welfare
32.       Washing  facilities  (Section  42  and  Rules).-  In  every  factory   adequate  and suitable facilities for washing shall be provided  and maintained  for  the use of the workers  therein.   Such  facilities   shall  include  soap  and nail brushes or other  suitable  means  of  cleaning  and  the facilities shall be conveniently  accessible  and  shall be kept in a clean and orderly condition.

If female workers are employed separate washing facilities shall  be  provided and  so enclosed or screened that the  interiors  are  not  visible from any place where persons of the other sex work or pass.

33.       Facilities for storing and drying clothing (Section 43 and  Rules).-  In  the case of certain dangerous operations e.g.,  lead  processes, liming  and tanning of raw hides and skins etc. suitable places  for keeping clothing not worn during working hours and for the drying of  wet clothing shall be provided and maintained.

34.       Facilities  for  sitting (Section 44).- In  every  factory  suitable arrangements  for sitting shall be provided and maintained  for  all  workers  obliged to work in a standing position in order  that  they may take advantage of any opportunities for rest which may occur  in   the course of their work.

35.       First-aid and ambulance room (Section 45).- There shall in every  factory  be provided and maintained sops to be readily  accessible  during all working hours first-aid boxes or cupboards equipped  with the  prescribed contents.  Each firstaid 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 who shall always be available during the working hours of  the factory.

In  every  factory  wherein  more than 500  workers  are  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  and  those  facilities shall always be made readily available during  the   working hours of the factory.

36. Canteens  (Section  46 and Rules).- In specified  factories  wherein  more than 250 workers are ordinarily employed, a canteen or canteens  shall be provided and maintained by the occupier for the use of  the  workers.  Food, drink and other items served in the canteen shall be  sold  on a non-profit basis and the prices charged shall be  subject  to  the approval  of a Canteen Managing Committee which shall be appointed  by  the manager and shall consist of an equal  number of  persons  nominated by the occupier and elected by the workers. The  number of elected workers shall be in the proportion of 1 for  every  1,000  workers employed in the factory, provided that  in  no  case shall there be more 5 or less than 2 workers on the Committee.   The Committee shall be consulted from time to time as to the quality and   quantity of food stuffs to be served in the canteen, the arrangement  of  the  menus,  etc. etc.  Where the canteen is managed  by a
co-operative  society, it  is  not necessary  to  appoint  a  Canteen  Managing
Committee and the prices to be charged  may  include a margin  of  profit  up to  a maximum of 5 per cent  of  its  working  capital.

37.       Shelters, restrooms and lunchrooms (Section 47).- In every  factory  wherein more than 150 workers are ordinarily employed, adequate  and  a  suitable lunchroom,  with provision for  drinking  water,  where  workers  can  eat  meals brought by them,  shall  be  provided  and  maintained for the use of the workers.

38.       Creches (Section 48 and Rules).- In every factory wherein more  than  30 womenworkers are ordinarily employed there shall be provided and maintained  a suitable room or rooms for the use of  children  under  the age of six years of such women.  The creche shall be  adequately  furnished and equipped and in particular there shall be one suitable  cot or a cradle with the seating accommodation for the use of  each  mother  while  she  is  feeding or attending to  her  child,  and  a   sufficient supply of suitable toys for older children.

There  shall be in or adjoining the creche a suitable  washroom  for   the washing of the children and their clothing.  An adequate  supply  of clean clothes, soap and clean towels shall be made available  for each child while it is in the creche at least a quarter litre of clean  pure milk  shall  be  available  for  each  child  on  every day  it  is accommodated  in the creche and the mother of such a child shall  be allowed  in the course of her daily work suitable intervals to  feed the  child.   For children above two years of age,  there  shall  be  provided, in addition, an adequate supply of wholesome  refreshment.   A  suitably  fenced  and shady open air playground  shall  also  be  provided for the older children.

39. Welfare Officers (Section 49).- In every factory wherein 500 or more  workers are  ordinarily employed the occupier shall employ  in  the factory such number of Welfare Officers as may be prescribed.

Special Provisions

40. Dangerous  operations (Section 87 and Rules).- Employment of  women, adolescents  and  children is prohibited or  restricted  in  certain operations declared  to be  dangerous,  e.g., electroplating, manufacture and repair of electric accumulators, glass  manufacture, grinding or glazing of metals, manufacture and treatment of lead and  certain compounds of lead, sand blasting, etc.

41. Notice of accidents (Section 88 and Rules).- When an accident occurs  which results in the death of any person or which results  in  such  bodily injury to any person as is likely to cause his death, or  any dangerous occurrence specified in the schedule annexed hereto takes place in a factory, the manager of the factory shall forthwith send a notice thereof by telephone, special messenger or telegram to  the Inspector  and  the Chief Inspector. When any accident or any dangerous occurrence specified in the schedule annexed hereto, which results  in the death of any person or which results in such  bodily  injury to any person as is likely to cause his death, takes place in a  factory,  forthwith notice shall be sent also  to the  District  Magistrate  or Sub-divisional Officer, to the  officer-in-charge  of the nearest police station; and to the relatives of the  injured  or  deceased person.

SCHEDULE

1.   Bursting  of  a plant used for containing or supplying  steam  under   pressure greater than atmospheric pressure.

2.      Collapse  or  failure  of a crane, derrick, winch,  hoist  or  other  appliances used in raising or lowering persons or goods, or any part  thereof, or the overturning of a crane.

3.      Explosion,  fire,  bursting  out, leakage or escape  of  any  molten  metal,  or hot liquor or gas causing bodily injury to any person  or  damage  to any room or place in which persons are employed, or  fire  in  rooms  of cotton pressing factories when a cotton opener  is  in  use.

4.      Explosion  of  a  receiver or container used for the  storage  at  a  pressure greater  than  atmospheric pressure of any  gas  or  gases (including   air) or any  liquid  or  solid resulting  from   the  compression of gas.

5.      Collapse or subsidence of any floor, gallery, roof, bridge,  tunnel,  chimney, wall, building or any other structure.

42.       Notice of certain diseases (Section 89 and Rules).- Where any worker   in a factory contracts any of the following diseases, the manager of   the  factory shall send notice in Form 27 thereof forthwith both  to  the Chief Inspector and the
Certifying Surgeon :-
 
Lead, phosphorus, mercury, manganese, arsenic, carbon bi-sulphide or benzene poisoning; or poisoning by nitrous fumes or by halogens or halogen derivatives of the hydrocarbons of the aliphatic series;  or of  chrome  ulceration,  anthrax,silicosis,  toxic  anaemia,  toxic jaundice,  primary  opitheliomatous  cancer  of the   skin,   or  pathological  manifestations  due to radium or  other  radio-active  substances or x-rays.

43.  No  charge for facilities and convenience (Section 114).- No fee or charge  shall be realised  from  any  worker  in  respect  of  any arrangements  or  facilities to be provided, or  any  equipments or appliances to be supplied by the occupier under the  provisions  of  this Act.

44. Powers of Inspectors (Sections 9 and 82).- Inspectors have power  to inspect factories  any  time  and may  require  the  production  of registers,  certificates, etc. prescribed under the  Act  and  the  Rules.Any Inspector may institute proceedings on behalf of any workers  to  recover any  sum  required  to be paid by  an  employer  under  the  provisions relating to
leave with wages, which the employer has  not  paid.
45. Obligations of workers (Section 97 and 111).- No worker in a factory :

(i) shall   wilfully  interfere  with or misuse  any  appliance, convenience or other  thing  provided in a factory  for  the  purposes  of  securing the health,safety  or  welfare  of  the  workers therein;

(II) shall  wilfully  and without any reasonable  cause  do  anything likely to
endanger himself or others; and

(iii) shall  wilfully  neglect to make use of any appliance  or  other thing
provided in the factory for the purpose  of  securing  the health or safety of
the workers therein.

If any worker employed in a  factory  contravenes  any  of   these  provisions  or any  rule  or order  made  thereunder  he  shall  be  punishable  with imprisonment for a term which may extend  to  three  months, or with fine which may extend to Rs. 00, or with both.

If  any  worker employed in a factory contravenes any  provision  of    this  Act or any rules or orders made thereunder, imposing any  duty  or liability on workers,he shall be punishable with fine which  may  extend to Rs. 20.

46. Certificates of fitness (Sections 69, 70 and 98).- No child who  has completed his fourteenth year or an adolescent shall be required or allowed  to  work  in any factory unless a  certificate  of  fitness   granted  with reference to him is in the custody of the  manager  of  the  factory  and such child or adolescent carries,while he is  at  work,  a  token  giving a reference to such  certificate.   Any  fee payable  for  such a certificate shall be paid by the occupier  and shall  not  be recoverable from the young person,  his  parents  or  guardian.

An adolescent who has been granted a certificate of fitness to  work  in a factory as an adult and who while at work in a factory  carries a token giving reference to the certificate shall be deemed to be an adult for all the purposes of the provisions of the  Act relating to the working hours of adults and the employment of young persons.  An  adolescent who has not been granted a certificate of fitness to work in  a factory as an adult shall, notwithstanding his age, be  deemed  to be a child for all the purposes of this Act.

Whoever knowingly  uses or attempts to use, as  a  certificate  of  fitness  granted to  himself,  a  certificate granted  to  another adolescent to work in a factory as an adult, or who having  procured  such a certificate knowingly allows it to be used, or an attempt  to use  it  to  be made, by another person, shall  be  punishable  with imprisonment  for a term which may extend to two months or with  fine  which may extend to Rs. 100 or with both.

47.       Registers, notices and returns (Sections 61, 62, 63, 72, 73, 74  and 110 and Rules).- A register of adult workers in the prescribed  Form 17  and a register of child workers in the prescribed Form 19  shall  be maintained by the manager of every factory.

A  notice of periods of work for adults and a notice of  periods  of  work  for
children  in  the prescribed forms 16  and  18  shall  be  correctly  maintained  and displayed in every  factory.   No  adult  worker or child shall be required or allowed to work in any  factory otherwise  than  in  accordance with  their  respective notices  of  periods of work displayed in the factory.

The  owners,  occupiers or managers of factories  shall  submit  the  prescribed periodical returns to the Inspector regularly.

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Equal Remuneration Act 1976

I have Attached Equal Remuneration Act 1976

EQUAL REMUNERATION ACT, 1976
[25 OF 1976]

An Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows :—

CHAPTER I
PRELIMINARY

Short title, extent and commencement.
1. (1) This Act may be called the Equal Remuneration Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date, not being later than three years from the passing of this Act, as the Central Government may, by notification, appoint and different dates may be appointed for different establishments or employments.

Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means,—
(i) in relation to any employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a banking company, a mine, oilfield or major port or any corporation established by or under a Central Act, the Central Government, and
(ii) in relation to any other employment, the State Government;
(b) “commencement of this Act” means, in relation to an establishment or employment, the date on which this Act comes into force in respect of that establishment or employment;

(c) “employer” has the meaning assigned to it in clause (f) of section 2 of the Payment of Gratuity Act, 1972 (39 of 1972);
(d) “man” and “woman” mean male and female human beings, respectively, of any age;
(e) “notification” means a notification published in the Official Gazette;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “remuneration” means the basic wage or salary, and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled;
(h) “same work or work of a similar nature” means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of woman are not of practical importance in relation to the terms and conditions of employment:
(i) “worker” means a worker in any establishment or employment in respect of which this Act has come into force;
(j) words and expressions used in this Act and not defined but defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.
Act to have overriding effect.
3. The provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service,whether made before or after the commencement of this Act, or in any instrument having effect under any law for the time being in force.

CHAPTER II

PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND
WOMEN WORKERS AND OTHER MATTERS

Duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature.
4. (1) No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature.
(2) No employer shall, for the purpose of complying with the provisions of sub-section (1), reduce the rate of remuneration of any worker.
(3) Where, in an establishment or employment, the rates of remuneration payable before the commencement of this Act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, then the higher (in cases where there are only two rates), or, as the case may be, the highest (in cases where there are more than two rates), of such rates shall be the rate at which remuneration shall be payable, on and from such commencement, to such men and women workers: Provided that nothing in this sub-section shall be deemed to entitle a worker to the revision of the rate of remuneration payable to him or her with reference to the service rendered by him or her before the commencement of this Act.
No discrimination to be made while recruiting men and women workers.
5. On and from the commencement of this Act, no employer shall, while making recruitment for the same work or work of a similar nature, 1[or in any condition of service subsequent to recruitment such as promotions, training or transfer,] make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force :
Provided that the provisions of this section shall not affect any priority or reservation for Scheduled Castes or Scheduled Tribes, ex-servicemen, retrenched employees or any other class or category of persons in the matter of recruitment to the posts in an establishment or employment.
Advisory Committee.
6. (1) For the purpose of providing increasing employment opportunities for women, the appropriate Government shall constitute one or more Advisory Committees to advise it with regard to the extent to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf.
(2) Every Advisory Committee shall consist of not less than ten persons, to be nominated by the appropriate Government, of which one-half shall be women.
(3) In tendering its advice, the Advisory Committee shall have regard to the number of women employed in the concerned establishment or employment, the nature of work, hours of work, suitability of women for employment, as the case may be,the need for providing increasing employment opportunities for women, including part-time employment and such relevant factors
as the Committee may think fit.
(4) The Advisory Committee shall regulate its own procedure.
(5) The appropriate Government may, after considering the advice tendered to it by the Advisory Committee and after giving to the persons concerned in the establishment or employment an opportunity to make representations, issue such directions in respect of employment of women workers, as the appropriate Government may think fit.

Power of appropriate Government to appoint authorities for hearing and deciding claims and complaints.
7. (1) The appropriate Government may, by notification, appoint such officers, not below the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding—
(a) complaints with regard to the contravention of any provision of this Act;
(b) claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature; and may, by the same or subsequent notification, define the local limits within which each such authority shall exercise its jurisdiction.
(2) Every complaint or claim referred to in sub-section (1) shall be made in such manner as may be prescribed.
(3) If any question arises as to whether two or more works are of the same nature or of a similar nature, it shall be decided by the authority appointed under sub-section (1).
(4) Where a complaint or claim is made to the authority appointed under sub-section (1) it may, after giving the applicant and the employer an opportunity of being heard, and after such inquiry as it may consider necessary, direct,—
(i) in the case of a claim arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature, that payment be made to the worker of the amount by which the wages payable to him exceed the amount actually paid;
(ii) in the case of complaint, that adequate steps be taken by the employer so as to ensure that there is no contravention of any provision of this Act.
(5) Every authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(6) Any employer or worker aggrieved by any order may be an authority appointed under subsection (1), on a complaint or claim may, within thirty days from the date of the order, prefer an appeal to such authority as the appropriate Government may, by notification, specify in this behalf, and that authority may, after hearing the appeal, confirm, modify or reverse the order
appealed against and no further appeal shall lie against the order made by such authority.
(7) The authority referred to in sub-section (6) may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period specified in sub-section
(6), allow the appeal to be preferred within a further period of thirty days but not thereafter.
(8) The provisions of sub-section (1) of section 33C of the Industrial Disputes Act, 1947 (14 of 1947), shall apply for the recovery of monies due from an employer arising out of the decision of an authority appointed under this section.

CHAPTER III
MISCELLANEOUS

Duty of employers to maintain registers.
8. On and from the commencement of this Act, every employer shall maintain such registers and other documents in relation to the workers employed by him as may be prescribed. Inspectors.
9. (1) The appropriate Government may,by notification, appoint such persons as it may think fit to be Inspectors for the purpose of making an investigation as to whether the provisions of this Act, or the rules made thereunder, are being complied with by employers, and may define the local limits within which an Inspector may make such investigation.
(2) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(3) An Inspector may, at any place within the local limits of his jurisdiction,—
(a) enter, at any reasonable time, with such assistance as he thinks fit, any building, factory, premises or vessel;
(b) require any employer to produce any register, muster-roll or other documents relating to the employment of workers, and examine such documents;

(c) take on the spot or otherwise, the evidence of any person for the purpose of ascertaining whether the provisions of this Act are being, or have been, complied with;

(d) examine the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the Inspector has reasonable cause to believe to be, or to have been a worker in the establishment;
(e) make copies, or take extracts from, any register or other document maintained in relation to the establishment under this Act.
(4) Any person required by an Inspector to produce any register or other document or to give any information shall comply with such requisition.
Penalties.
10. (1) If after the commencement of this Act, any employer, being required by or under the Act, so to do—
(a) omits or fails to maintain any register or other document in relation to workers employed by him, or
(b) omits or fails to produce any register, muster-roll or other document relating to the employment of workers, or

(c) omits or refuses to give any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or
(d) omits or refuses to give any information, he shall be punishable 2[with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both].
(2) If, after the commencement of this Act, any employer—
(a) makes any recruitment in contravention of the provisions of this Act, or
(b) makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or
(c) makes any discrimination between men and women workers in contravention of the provisions of this Act, or
(d) omits or fails to carry out any direction made by the appropriate Government under subsection
(5) of section 6,
he shall be punishable 3[with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but which may extend to one year or with both for the first offence,and with
imprisonment which may extend to two years for the second and subsequent offences].
(3) If any person being required so to do, omits or refuses to produce to an Inspector any register or other document or to give any information, he shall be punishable with fine which may extend to five hundred rupees.
Offences by companies.
11. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed, to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary
or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
4[Cognizance and trial of offences.
12. (1) No court inferior to that of a metropolitan magistrate or judicial Magistrate of the first class shall try any offence punishable under this Act.
(2) No court shall take cognizance of an offence punishable under this Act except upon—

(a) its own knowledge or upon a complaint made by the appropriate Government or an officer authorised by it in this behalf, or
(b) a complaint made by the person aggrieved by the offence or by any recognised welfare institution or organisation.
Explanation: For the purposes of this sub-section “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government].
Power to make rules.
13. (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
(a) the manner in which complaint or claim referred to in sub-section (1) of section 7 shall be made;
(b) registers and other documents which an employer is required under section 8 to maintain in relation to the workers employed by him;
(c) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
Power of Central Government to give directions.
14. The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.
5[Act not to apply in certain special cases.
15. Nothing in this Act shall apply—
(a) to cases affecting the terms and conditions of a woman’s employment in complying with the requirements of any law giving special treatment to women, or (b) to any special treatment accorded to women in connection with—
(i) the birth or expected birth of a child, or
(ii) the terms and conditions relating to retirement, marriage or death or to any provision made in connection with the retirement, marriage or death.]
Power to make declaration.
16. Where the appropriate Government is, on a consideration of all the circumstances of the case, satisfied that the differences in regard to the remuneration, or a particular species of remuneration, of men and women workers in any establishment or employment is based on a factor other than sex, it may, by notification, make a declaration to that effect, and any act of the employer attributable to such a difference shall not be deemed to be contravention of any provision of this Act.
Power to remove difficulties.
17. If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by notification, make any order, not inconsistent with the provisions of this Act, which appears to it to be necessary for the purpose of removing the difficulty : Provided that every such order shall, as soon as may be after it is made, be laid before each House of Parliament.
Repeal and saving.
18. (1) The Equal Remuneration Ordinance, 1975 (12 of 1975), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed (including any notification, nomination, appointment, order or direction made thereunder) shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force when such thing was done or action was taken.
***

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Environment Protection Act 1986

I have Attached Environment Protection Act 1986

ENVIRONMENT PROTECTION ACT, 1986
[29 OF 1986]

An Act to provide for the protection and improvement of environment and for matters connected therewith.
Whereas decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; And whereas it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property;

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:—

CHAPTER I
PRELIMINARY

Short title, extent and commencement.
1. (1) This Act may be called the Environment (Protection) Act, 1986.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas. Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “environment” includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property;

(b) “environmental pollutant” means any solid, liquid or gaseous substances present in such concentration as may be, or tend to be, injurious to environment;

(c) “environmental pollution” means the presence in the environment of any environmental pollutant;
(d) “handing”, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer of the like of such substance;
(e) “hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other-living creatures, plants, microorganism, property or the environment;
(f) “occupier”, in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation to any substance, the person in possession of the substance;
(g) “prescribed” means prescribed by rules made under this Act.

CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT

Power of Central Government to take measures to protect and improve Environment,
3. (1) Subject to the provision of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely :—
(i) co-ordination of actions by the State Governments, officers and other authorities—
(a) under this Act, or the rules made thereunder; or
(b) under any other law for the time being in force which is relatable to the objects of this Act;
(ii) planning and execution of a nation-wide programme for the prevention,. control and abatement of environmental pollution;
(iii) laying down standards for the quality of environment in its various aspects;
(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:

Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;
(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;
(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;
(vii) laying down procedures and safeguards for the handling of hazardous substances;
(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;
(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes,materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of
environmental pollution;
(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;
(xii) collection and dissemination of information in respect of matters relating to environmental pollution;
(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.
(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under
section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.
Appointment of officers.
4. (1) Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designations as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit.
(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub-section (3) of section 3 or of any other authority, or officer.
Powers to give directions.
5. Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

Explanation :—For the avoidance of doubts, it is hereby declared that the power to issue directions under this section, includes the power to direct—
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.
Rules to regulate environmental pollution.
6. (1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the standards of quality of air, water or soil for various areas and purposes;
(b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;
(c) the procedures and safeguards for the handling of hazardous substances;
(d) the prohibition and restrictions on the handling of hazardous substances in different areas;
(e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas;
(f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.

CHAPTER III
PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION

Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards.
7. No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standards as may be prescribed.

Persons handling hazardous substances to comply with procedural safeguards.
8. No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

Furnishing of information to authorities and agencies in certain cases.
9. (1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith—
(a) intimate the fact of such occurrence or apprehension of such occurrence;and
(b) be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or apprehension of any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as are necessary to prevent or mitigate the
environmental pollution.
(3) The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land
revenue or of public demand.

Powers of entry and inspection.
10. (1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place—
(a) for the purpose of performing any of the functions of the Central Government entrusted to him;
(b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with;
(c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder or that suchseizure is necessary to prevent or mitigate environmental pollution.
(2) Every person carrying on any industry operation or process or handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government under sub-section (l) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act.
(3) If any person wilfully delays or obstructs any person empowered by the Central Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act.
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of Jammu and Kashmir, or any area in which that Code is not in force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a
warrant issued under section 94 of the said Code or, as the case may be, under the corresponding provisions of the said law.
Power to take sample and procedure to be followed in connection therewith.
11. (1) The Central Government or any officer empowered by it is this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed.
(2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.
(3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section
(1) shall—
(a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed;
(b) in the presence of the occupier or his agent or person, collect a sample for analysis;
(c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person;
(d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12.
(4) When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then—
(a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the
person taking the sample for analysis to the laboratory established or recognised under section 12 and such person shall inform the Government Analyst appointed or recognised under section 13 in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers.
Environmental laboratories.
12. (1) The Central Government may, by notification in the Official Gazette,—
(a) establish one or more environmental laboratories;
(b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act.
(2) The Central Government may, by notification in the Official Gazette, make rules specifying—
(a) the functions of the environmental laboratory;
(b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report;
(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.
Government Analysts.
13. The Central Government may, by notification in the Official Gazette, appoint or recognise such persons as it thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognised under sub-section (1) of section 12.
Reports of Government Analysts.
14. Any document purporting to be a report signed by a Government Analyst may be used as evidence of the facts stated therein in any proceeding under this Act.
Penalty for contravention of the provisions of the Act and the rules, orders and directions.
15. (1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in case the failure or
contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.
Offences by companies.
16. (1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation: For the purpose of this section,—
(a) “company” means any body corporate, and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Offences by Government Departments.
17. (1) Where an offence under this Act has been committed by any Department of Government, the head of the Department 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 section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government 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 officer, other than the Head of the Department, such officer shall also be deemed to guilty of that
offence and shall be liable to be proceeded against and punished accordingly.

CHAPTER IV
MISCELLANEOUS

Protection of action taken in good faith.
18. No suit, prosecution or other legal proceeding shall lie against the Government or any other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in
good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.
Cognizance of offences.
19. No court shall take cognizance of any offence under this Act except on a complaint made by—
(a) the Central Government or any authority or officer authorised in this behalf by that Government; or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.

Information, reports or returns.
20. The Central Government may, in relation to its functions under this Act, from time to time, require any person, officer. State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so.

Members, officers and employees of the authority constituted under section 3 to be public servants.
21. All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rule made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Bar of jurisdiction.
22. No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act.
Power to delegate.
23. Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act [except the
power to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer. State Government or other authority.
Effect of other laws.
24. (1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or Orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act.
(2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act.
Power to make rules.
25. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7;
(b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8;
(c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9;
(d) the manner in which sample of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11;
(e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11;

(f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories
to carry out their functions under sub-section (2) of section 12;
(g) the qualifications of Government Analyst appointed or recognised for the purposes of analysis of samples of air, water, soil or other substances under section 13;
(h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19;
(i) the authority or officer to whom any reports, returns, statistics, accounts and other information shall be furnished under section 20;
(j) any other matter which is required to be, or may be, prescribed.
Rules made under this Act to be laid before Parliament.
26. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously under that rule.
***

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Posted by Hrformats - August 24, 2012 at 5:46 AM

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Employment Exchanges CNV Act 1959

I have Attached Employment Exchanges CNV Act 1959

EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF
VACANCIES) ACT, 1959
[31 OF 1959]

An Act to provide for the compulsory notification of vacancies to employment exchanges.BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:—
Short title, extent and commencement.
1. (1) This Act may be called the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date as the Central Government may, by notification
in the Official Gazette, appoint in this behalf for such State and different dates may be appointed for different States or for different areas of a State.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means—
(1) in relation to—
(a) any establishment of any railway, major port, mine or oilfield or
(b) any establishment owned, controlled or managed by—
(i) the Central Government or a department of the Central Government,
(ii) a company in which not less than fifty-one per cent of the share capital is held by the Central Government or partly by the Central Government and partly by one or more State Governments,
(iii) a corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government, the Central Government;

(2) in relation to any other establishment, the Government of the State in which that other establishment is situate;
(b) “employee” means any person who is employed in an establishment to do any work for remuneration;
(c) “employer” means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment;
(d) “employment exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by the keeping of registers or otherwise, respecting—
(i) persons who seek to engage employees,
(ii) persons who seek employment, and
(iii) vacancies to which persons seeking employment may be appointed;
(e) “establishment” means—
(a) any office, or
(b) any place where any industry, trade, business or occupation is carried on;
(f) “establishment in public sector” means an establishment owned, controlled or managed by—
(1) the Government or a department of the Government;
(2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(3) a corporation (including a co-operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government;
(4) a local authority:
(g) “establishment in private sector” means an establishment which is not an establishment in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “unskilled office work” means work done in an establishment by any of the following categories of employees, namely:—
(1) daftri;
(2) Jemadar, orderly and peon;
(3) dusting man orfarash;
(4) bundle or record lifter;
(5) process server;
(6) watchman;
(7) sweeper;
(8) any other employee doing any routine or unskilled work which the Central Government may, by notification in the Official Gazette, declare to be unskilled office work.
Act not to apply in relation to certain vacancies.
3. (1) This Act shall not apply in relation to vacancies,—
(a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment as agricultural or farm machinery operatives;
(b) in any employment in domestic service;
(c) in any employment the total duration of which is less than three months;
(d) in any employment to do unskilled office work;
(e) in any employment connected with the staff of Parliament.
(2) Unless the Central Government otherwise directs by notification in the Official Gazette in this behalf, this Act shall not also apply in relation to—
(a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or on the result of any examination conducted or interview held by, or on the recommendation of, any independent agency, such as
the Union or a State Public Service Commission and the like;
(b) vacancies in an employment which carries a remuneration of less than sixty rupees in a month.
Notification of vacancies to employment exchanges.
4. (1) After the commencement of this Act in any State or area thereof, the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed.

(2) The appropriate Government may by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector
shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition.

(3) The manner in which the vacancies referred to in sub-section

(1) or sub-section

(2) shall be notified to the employment exchanges and the particulars of employments in which such vacancies have occurred or are about to occur shall be such as may be prescribed.
(4) Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those sub-sections.
Employers to furnish information and return in prescribed form.
5. (1) After the commencement of this Act in any State or area thereof, the employer in every establishment in public sector in that State or area shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment, to such employment exchanges as may be prescribed.
(2) The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition.
(3) The form in which, and the intervals of time at which, such information or return shall be furnished and the particulars which they shall contain shall be such as may be prescribed.
Right of access to records or documents.
6. Such officer of Government as may be prescribed in this behalf, or any person authorised by him in writing, shall have access to any relevant record or document in the possession of any employer required to furnish any information or returns under section 5 and may enter at any reasonable time any premises where he believes such record or document to be and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information required under that section.
Penalties.
7. (1) If any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy in contravention of sub-section (1) or sub-section (2) of section 4, he shall be punishable for the first offence with fine which may extend to five hundred rupees and for every subsequent
offence with fine which may extend to one thousand rupees.
(2) If any person—
(a) required to furnish any information or return—
(i) refuses or neglects to furnish such information or return, or
(ii) furnishes or causes to be furnished any information or return which he knows to be false,or
(iii) refuses to answer, or gives a false answer to, any question necessary for obtaining any information required to be furnished under section 5; or
(b) impedes the right of access to relevant records or documents or the right of entry conferred by section 6, he shall be punishable for the first offence with fine which may extend to two hundred and fifty rupees and for every subsequent offence with fine which may extend to five hundred rupees.
Cognizance of offence.
8. No prosecution for an offence under this Act shall be instituted except by, or with the sanction of, such officer of Government as may be prescribed in this behalf or any person authorised by that officer in writing.
Protection of action taken in good faith.
9. No suit,prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Power to make rules.
10. (1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, makes rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
(a) the employment exchange or exchanges to which, the form and manner in which, and the time within which, vacancies shall be notified, and the particulars of employments in which such vacancies have occurred or are about to occur;
(b) the form and manner in which, and the intervals at which information and returns required under section 5 shall be furnished, and the particulars which they shall contain;

(c) the officers by whom and the manner in which the right of access to documents and the right of entry conferred by section 6 may be exercised;

(d) any other matter which is to be, or may be, prescribed under this Act.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
***

Click Here To Download Employment Exchanges CNV Act 1959

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Posted by Hrformats - August 24, 2012 at 5:13 AM

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Form A Under THE BOMBAY SHOPS & ESTABLISHMENTS ACT, 1948

I have attached Form A Under THE BOMBAY SHOPS & ESTABLISHMENTS ACT, 1948.

UNDERTAKING

 

From:


Name:


Address:






Date:

To,

The Municipal Commissioner,

Municipal Corporation of Greater Mumbai,

Mumbai-…………..

 

Sir,

I am enclosing herewith Form ‘A’ under the Bombay Shops and Establishment

Act, 1948 for registration of my establishment situated at above address.

 

I say that the information submitted by me in Form ‘A’ is true and correct and I Myself /my heirs /successors and assigns /partners /directors/ management shall be solely responsible for any action, claims, damages, demand of any nature of whatsoever kind which may be initiated and /or instituted and /or made against the  Municipal Corporation of Greater Mumbai or its officers due to issue of the Registration of my establishment under the Bombay Shops and Establishment Act, 1948.

 

I agree that the Registration Certificate issued to me will not entitle me to claim any alternate commercial site in case of shifting or demolition by Municipal Corporation of Greater Mumbai.

 

 

 

Signature of Employer:


 

Name:


 

 

 

 

 

 

 

 

BRIHANMUMBAI MAHANAGARPALIKA

 

The Bombay Shops and Establishment Act. 1948

 

Form ‘A’                         

                                                                                                               Ward …………..

[See Rule 5]

Application under Section 7(1)

1. Name of the establishment if any


2. Postal Address & situation of the establishment





 

3 .Whether establishment falls under public sector

or private sector (see note 4&5below)


4. Situation of office, store room, godown,

Warehouse of work place, if any attached to

Shop but situated in premises different from

Those of the shop.

 

5. Name of the employer


 

6. Residential address of employer                  ____________________________________

 

7. Name of manager if any, his residential address________________________________

 

8. Category of the establishment residential    ____________________________________

Hotel, restaurant, eating house, theatre of

Other place of public amusement of

Entertainment.

 

9.   Name of the Business.                               _____________________________________

 

10. Date of commencement of Business.         ____________________________________

 

11. Name of the members of employer’s family

Employed in the establishment.


Adults                 Young Persons     Total

Male          ………………………………………………..

Female      ………………………………………………..

Total          ………………………………………………

 

Name of the other persons occupying position of

Management or employee engaged in confidential

Capacity (indicates sex and age in case of young person)


 

11. Total number of employees

 

Adults              Young Persons           Total

Male               ………………………………………………….

Female            ………………………………………………….

Total               ………………………………………………….

 

Date:-  ……….


Signature of Employer

 

Note:-

(1)    This statement shall be sent to the inspector of the local area concerned with such

fees as prescribe in schedule I

(2)    Item 4 should be filled only when the office, store-room etc is not separately

registered under the act in respect of such offices store-room ect., particulars

required under items 11, 12, and 13 should be given separately in this statement.

(3)    If  employer is more than one individual name and address of all individual concerned should be given in item 5& 6 separately.

(4)    Establishment in public sector means an establishment owned, controlled or managed by

(i) The Government Or a Department of the Government.

(ii) A Government Company as defined in section 617 of the companies Act.1995

(1of 1996)

(iii) A Corporation (including Co-Operative Society ) establishment by or under a

Central – Provincial or State act, which is owned controlled Managed by the

Government.

(iv) A Local Authority.

(5)    Establishment in private sector means a establishment which is not an establishment in public Sector.

 

Click Here To Download Shop & Establishment Act 1948

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Posted by Hrformats - June 26, 2012 at 5:53 AM

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New Monthly Return Under Factories Act in Maharashtra

I am attaching format of monthly return (Form 27A) introduced for the first time under Maharashtra Factories (Amendment) Rules 2012 notified on 3.1.2012 to be filed by all factories electronically by 10th of each month. It will be noticed that wages sheet giving employee-wise details of wages has also to be filed with the return. In case of factories having less than 10 employees and covered under Section 85 shall file monthly return in respect of 3 months at the end of the quarter.

 

Please visit website of Directorate of Industrial Safety & Health:

Government of Maharashtra Directorate Industrial Safety and Health Department

 

Form 27 A
Monthly Return
[ See rule 119 (2) ]
Salary statement for the month ended………………………………
This return is to be submitted by all factories electronically
General information
1 Name and address of factory, street,
city, district
2 Name and designation of owner /employer
3 Name and designation of manager
4 Contact details of employer Telephone Fax
e-mail Mobile
5 Contact details of manager Telephone Fax
e-mail Mobile
6 Unique Factory Number
7 Registration number and its expiry date under Registration Number Expiry Date
Factoris Act
8 Legal Status of establishment a.Proprietorship
b.Partnership
c.Private Limited Company
d.Public Limited Company
e.Cooperative Firm
f.Family Business
g.Other
9 Ownership a. National
b.Foreign
c.Joint National and Foreign
10 Type of employment as per the Schedule write down approriate type among the
in the Minimum Wages Act, 1948 Schedule
(Examplaes : Engineering, Loundry, Plastics etc.)
11 Date of commencement of factory
Workforce
Workers over 18 years Workers over 15 years but < 18 years Workers below15 years Total
M F M F M F M F
12 Managers and supervisors (whose wage < 10,000)
13 Number of permanent employees
14 Contract workers
15 Temporary workers
Casual workers
Badli workers
16 Apprentices
Trainees
17 Family members
Paid
Unpaid

 

Click Here To Download New Monthly Return Under Factories Act

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Posted by Hrformats - June 7, 2012 at 5:16 AM

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Forms Under Apprentices Act,1961

I have Attached Forms Under Apprentices Act,1961

APP- 4
( Half Yearly )
Name and Address of the Establishment:- Lemon Tree Hotels Privet Limited
The apprentice whose names and particulars are noted beiow have been engaged for undergoing apprenticeship training under the Apprentices Act,1961 at this Establishment during  August 2011They are qualified to be engaged as apprentices and satisfy the minimum requirements as laid down under the Rules.
Si No. Name of apprentice Educational Qualification If ex-I.T.I. boy the particulars of the trade and I.T.I. Name of corresponding designated
Trade joined
Date of Joining Remarks
Name of I.T.I. Trade Period of training trade joined
Form To
1 2 3 4 5 6 7 8 9 10
1 Jeetu Moni s.s.c. NA NA NA NA HK 15.08.2010
2 Moni Lal s.s.c. NA NA NA NA Steward 15.03.2010
3 Chirag Patel s.s.c. NA NA NA NA Cleark 25.03.2010
4 Chandan Berman s.s.c. NA NA NA NA AFP Journel 15.09.2011
5 Janet Gomes s.s.c. NA NA NA NA HK 15.09.2011
N.B. :- The contracts of apprenticeship in respect of the above mentioned apprentices are in the
process of execution and will be forwarded within one month.
Signature of Employer / Training Officer
(Name and Designation)
To,
1. The State Apprenticeship Adviser Or The Regional Director
2. The Principal,Industrial Training Institute where Basic Training / Related Instruction is proposed to be imparted to the
apprentices. The apprentices will be be released on Day / Block release basis for Related  instructions at your Institution.

 

Click Here To Download Forms Under Apprentices Act,1961

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Posted by Hrformats - May 28, 2012 at 4:47 AM

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New monthly return under Factories Act

I have Attached New monthly return under Factories Act

Form 27 A
Monthly Return
[ See rule 119 (2) ]
Salary statement for the month ended………………………………
This return is to be submitted by all factories electronically
General information
1 Name and address of factory, street,
city, district
2 Name and designation of owner /employer
3 Name and designation of manager
4 Contact details of employer Telephone Fax
e-mail Mobile
5 Contact details of manager Telephone Fax
e-mail Mobile
6 Unique Factory Number
7 Registration number and its expiry date under Registration Number Expiry Date
Factoris Act
8 Legal Status of establishment a.Proprietorship
b.Partnership
c.Private Limited Company
d.Public Limited Company
e.Cooperative Firm
f.Family Business
g.Other
9 Ownership a. National
b.Foreign
c.Joint National and Foreign
10 Type of employment as per the Schedule write down approriate type among the
in the Minimum Wages Act, 1948 Schedule
(Examplaes : Engineering, Loundry, Plastics etc.)
11 Date of commencement of factory
Workforce
Workers over 18 years Workers over 15 years but < 18 years Workers below15 years Total
M F M F M F M F
12 Managers and supervisors (whose wage < 10,000)
13 Number of permanent employees
14 Contract workers
15 Temporary workers
Casual workers
Badli workers
16 Apprentices
Trainees
17 Family members
Paid
Unpaid

 

Click Here To Download New monthly return under Factories Act

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Annual Return Under Factories Act

 I have Attached Annual Return Under Factories Act

FORM 27 (Annual Return) [see rule 119 (1)]

 

For the year ending________________________________________

 

General information

 

1

Name  and  address  of  factory  –                
  street, city, Taluka, district                  

2

Name and

designation

of

               
  occupier                        

3

Name and

designation

of

               
  manager                        

4

Contact details of occupier   Telephone           Fax  
              e-mail          

Mobile

5

Contact details of manager   Telephone           Fax  
              e-mail          

Mobile

6

Registration number of factory                

7

License under Factories Act   License Number        

Renewed

              upto              

8

Installed HP                      

9

Legal organization     (a)   sole   proprietor (b) partnership

(c)   private

              company (d) public company      
              (e)  cooperative  (f)  family  business  (g)  govt./semi
              government(h) other          

10

Ownership         (a)  national (b) foreign (c) joint national

and

              foreign              

11

Manufacturing process as

per

3   digit   code   as   per   attached   Classification

of

  NIC 2008         Manufacturing Processes        

12

Plan approval number and date  ( Number           Date  
  in chronological order)                    

13

Does the factory have

a

Yes/No     If  yes,  what  is  the  date  of  issue  of

the

  Certificate of Stability?     certificate?              

14

Permanent

serial No. of factory

               
Workforce                          

15

Mention  maximum  number  of  workers  employed  for  any          
  day of the year                 Male   Female
  Permanent employees                      
  i) Managers and supervisors                    
  ii) Workers                          
  a)   Workers over 18 years                    
  b)   Workers over 14 years but < 18 years                
  Total-                            

16

Contract workers                      

17

Daily wage workers                      
  i) Temporary workers                      
  ii) Casual workers                      

18

i) Apprentices                        
              – 3 –              

 

ii) Trainees

 

Total of Sr.No.15 to 18

 

19          Family members of the owner of the factory

 

a)     Paid

 

b)     Unpaid

 

20          a) Security/watchmen

 

b)Name of Security Agency/ Security Guard Board

 

c)  Mathadi workers

21

For   permanent   workers,   how   many   years   of service?
  Less than 1 year  
  1 year to <5years  
  5 years to <10 years  
  More than 10 years  

 

Yes

No

(If so,number)

 

 

22          Does the factory employ its own security guards as direct employees?

 

23          Does the factory employ its own Mathadi workers as direct employees?

 

24          Does the factory employ its own cleaning staff as direct employees?

 

25          Are any contract workers inter-State migrant workers?

 

Inspections

 

26

What  was  the  date  of  the  last Date
  inspection by   a

factory

 
  inspector?            

27

What  was  the  date  of  the  last Date
  spot  safety  audit  by  a  factory  
  inspector?            

28

What  was  the  date  of  the  last Date
  occupational, health and

safety

 
  audit  conducted  by  an  internal  
  auditor?            

29

What  was  the  date  of  the  last Date
  occupational, health and

safety

 
  audit  conducted  by  an  external  
  auditor?            

30

What  was  the  date  of  the  last Date
  examination by a

competent

 
  person?           Equipment/machinery examined ______________
  What   was   examined   on   that  
  date? (Indicate)          

31

Does    the    factory    hold    any Yes/No
  OSHA   18001,ISO 14001

or

If YES, which certification(s) and what was the last
  other similar certification?   date of certificate renewal?

32

Does the factory have a Code of Yes/No
  Conduct  as  required  by  buyers If  YES,  what  was  the  last  date  of  inspection  by  a
  of the factories’ products?   buyer or buyer’s representative?

 

 

– 4 –

 

Dangerous operations and hazardous processes

 

33

Which  of  the  operations  among Indicate all operations that are conducted
  Dangerous  Operations  Schedule  
  are conducted in the factory? If none of the operations listed in the schedule are
    conducted, write NIL.
     

34

Is   your   factory   in   the   list   of  
  Industries   involving   hazardous  
  processes     as     defined     under  
  section  2  (cb)  of  the  factories If none, write NIL.
  Act 1948?  
     
  If  yes,  which  are  the  hazardous  
  processes  that  are  carried  out  in  
  the factory  

 

Storages of Hazardous Substances

35. Do you store any

hazardous

   
(i) chemicals as listed in Schedule 1    
annexed to CIMAH Rules 2003,    
     
  in  your  factory?  If  so,  give  the If none write NIL  
  list.              
(ii) Do you store quantities

of

   
hazardous  chemicals  equal  to  or    
     
  above  threshold  limits  as  listed If none write NIL  
  in   column   3   of   Schedule   2    
  annexed to CIMAH Rules 2003,    
  in  your  factory?  If  so,  give  the    
  list along with inventory.      
  Does   your   factory   fall   under Yes/No  
  MAH category?          
(iii) If your factory falls under MAH    
category,            
             
  (a)   Have   you   submitted   site Give date of submission  
  notification report?        
  (b)    Have    you    prepared    and Give date of preparation  
  submitted ON site

emergency

   
  plan?            
  (c)Have   you   updated   ON   site Give Date when last updated and submitted.  
  emergency plan?          
  (d)Dates   of   Mock   drill   along Give   Dates  of  Mock  drill  along  with  scenario,  
  with  scenario,  carried  out  in  the carried out in the year.  
  year.              
(iv) Do you store quantities

of

   
hazardous  chemicals  equal  to  or    
     
  above  threshold  limits  as  listed    
  in   column   4   of   Schedule   2    
  annexed to CIMAH Rules 2003,    
  in  your  factory?  If  So,  give  the    
  list along with inventory.      
  (a)    Have    you    prepared    and Give date of submission  
  submitted Safety Report?      
  (b)Have  you  carried

out  safety

Give  date  and  date  of  submission  of  compliance  

 

 

– 5 –

 

audit internally in a year? If not report.
(c)Have  you  carried  out  safety  
audit externally? Give  date  and  date  of  submission  of  compliance
  report.

 

Safety and health

 

36             Does  the  factory  have  a  written    Yes/No

 

safety and health policy? If YES, how is this communicated to workers?

 

(a)    notice board

(b)     circular

(c)     other

If YES, what language is used?

(a)    Marathi

(b)   Hindi

(c)     English

 

37             Does   the   factory   have   written    Yes/No

safety guidelines for workers. If YES, how is this communicated to workers?

 

(a)    notice board

(b)     circular

(c)     other

    If YES, what language is used?  
    (a) Marathi  
    (b) Hindi  
    (c) English  

38

Does  the  factory  have  an  onsite Yes/No  
  emergency plan? If YES, evacuation plan is displayed throughout the
    factory for all workers to see?  
    If  YES,  is  there  regular  onsite  emergency  mock
    drills involving  evacuation drills?  
    If YES, what was the date of the last mock drill?

39

Does   the   factory   have   safety Yes/No  
  officers? If YES, how many as on reporting date? _______
    If  yes,  Whether  he  is  a  qualified  Safety  Officer  as
    per Rules?  

40

Does  the  factory  have  a  safety Yes/No  
  committee? If YES,  how  many  workers  are member  of  the
    safety committee? ______  
    how     many     management     representatives     are
    members?  
    If YES, how often does it meet?  

41             Does the factory have at least 2 Yes/No exits on each floor in each

building it occupies?

 

42             Are    fire    extinguishers    placed    Yes/No

throughout the factory?     If YES, how many extinguishers  
        Sr.No. Type capacity Quantity
       

1.

Foam type    
       

2.

Dry power    
       

3.

Co2    
       

4.

Any other    
        If YES, how many workers have been trained to use
        extinguishers?    

43

Does  the  factory  have first aid Yes/No      

 

 

 

– 6 –

 

boxes?     If YES, how many throughout the factory? _______
        If   YES,   how   often   are   they   checked   for   their
        contents?__________

44

Do  any  workers  have  a  first  aid If YES, how many?
  certificate?      

45

Does     the     factory     have     a Yes/No
  HIV/AIDS policy?      

46

Does the factory provide workers If YES, which items are provided?
  with personal protective   Head protection
  equipments (PPE’s) ?     Foot protection
          Eye protection
          Ear protection
          Hand protection
          Body protection
          Respiratory protection

Others

 

47             Are  workers  required  to  pay  for    Yes/No

any protective

clothing

or

If YES, which items?
  equipment?            

48

Has the  

factory

reported

any

Yes/No  
  accidents to the factory inspector If YES, how many non-fatal? __________
  during the reporting period?     how many fatal? __________

49

Has the  

factory

reported

any

Yes/No  
  occupational diseases

to

the

If YES, how many non-fatal? __________
  factory

inspector

during

the

  how many fatal? __________
  reporting period?          

50

Has the  

factory

reported

Yes/No  
  dangerous  

occurrence

to

the

If YES, how many __________
  factory

inspector

during

the

   
  reporting period?          

51

Are safety  posters

displayed  in

Yes/No  
  the factory?            

 

 

Welfare facilities

 

Yes No

52          Does the factory provide drinking water for workers?

 

53          Does the factory have a crèche?

 

54          (a)Does the factory have a canteen?

(b) Is the canteen managed by-

(i)  Departmentally  or

(ii)  Through a contractor or (iii)By co-operative society.

55          Is a lunch room provided?

 

56          Does the factory provide a locker for workers?

 

57          Is there a changing room for workers?

 

 

 

– 7 –

 

58          Is there a rest room or shelter  for workers?

 

59          Is there a Occupational Health Centre?

 

60          Is the occupational health centre open to members of the worker’s family?

 

61          Is there an ambulance room?

 

62          Is there a full-time doctor in attendance?

 

63          Is there a part- time doctor?

 

64          Is there a full-time nurse in attendance?

 

65          Is there a part-time nurse?

 

66          Does the factory have separate toilets for men and women?

 

67          How many latrines for men?

 

68          How many urinals for men?

 

69          How many latrines for women?

 

70          Are the above facilities available to contract workers?

 

71          Is there a welfare officer?

If yes, number of welfare officers? ________________________

 

 

Wages and benefits  
72 Are    workers    required    to    work Yes/ No
  overtime? If yes, what is the overtime rate of pay?______
    If   yes,   what   was   the   highest   number   of
    overtime hours worked by a worker last month?
    ________
73      a)How many hours per day (without  
  overtime) Number ____________________
  do workers work?  
  b)How  many  days  are  required  to ______________________
  work for the worker per week?  

 

Industrial Relations

74

Does  the  factory  have  a  written Yes/No  
  Policy   against

sexual

   
  harassment?            

75

Does the factory have

a

Yes/No  
  committee

for

redressal

of

   
  sexual harassment ?        

76

Have any sexual

harassment

Yes/No  
  complaints

been

lodged  within

   
  the  factory  during  the  reporting    
  period?              

77

Does the factory operate

a

Yes/No  
  suggestion box scheme?   If  YES,  how  many  useful  suggestions  received
              during the period? ______  
              how many suggestions were acted upon?  _______
              how many workers rewarded for suggestions?

___

              how much amount was distributed as rewards?—–

 

78 Employment information        
No. of days worked in a year:———        
Workers *Avg.No. Number **Avg. No. Number of Number of

 

 

 

– 8 –

 

of workers

of man-

of hours

man-hours

man hours

 
  employed

days

worked per

worked on

worked

 
  daily

during the

week

overtime in

including

 
   

year

 

a year

overtime in a

 
Adults M      

year

 
         
  F          
Adolescents M          
(15-<18 years) F          
Children M          
(14-15 years) F          
Total            
See the explanatory note given below        

 

79   Leave with wages

 

Workers Numb

Number

Number

Number

Number

Number

Number

No.of

Number

  er

entitled

who

of

of

of

of workers

workers

of

  emplo

to

were

discharg

dismiss

workers

superannu

who

workers to

  yed

annual

granted

ed

ed

who

ated

died

whom

   

leave

leave

workers

workers

quit the

 

while in

wages in

           

employ

 

service

lieu of

           

ment

   

leave were

                 

paid

Adults M                
  F                
Adolesc M                
ents F                
(15-<18                  
years)                  
Children M                
(14-15 F                
years)                  

 

80

Accident details

                       
(a)                                
              Workers employed directly         Total    
              Permanent Temporary     Contract      
                          worker          
No. Of Fatal accident                            
No. Of Non Fatal accidents                          
(b)                                
Dangerous occurrences   Fire Explosion Toxic gas Collapse of  building  /    
                  release   structure      
No.  Of  dangerous occurrences                      
in a year                              
(c)                                    
Number of

Number of injured

Number of workers

   

Number of

   

Number of workers

 
workers  

workers who

injured in previous

   

man-days lost

 

injured this year but

 
injured  

returned to work in

year who joined the

           

have not joined during

 
     

this year

 

work this year

             

this year

 
                             
81 Occupational Disease  details                      
List of

occupational

Occupational diseases reported in

No. of Workers

Mandays lost due

 
diseases which

are

 

the reporting period

   

died due to

 

to occupational

 

 

 

 

– 9 –

 

relevant to your Type No.

occupational

diseases
factory        

diseases

 

 

 

 

82

Medical Checks by Certifying Surgeons

     

Frequency of

Dates of medical

Name of the

Number of

Occupational
 

health

examination of the

certifying surgeon

workers

diseases detected.

checkups in

workers

who carried out the

examined

Type No.

your factory

 

medical

     
     

examination

     

 

 

 

 

 

83       Compensation/Ex-gratia details

 

Name of

Age

Monthly

%

Compensatio

Ex-

Whether

Whether

 

worker

 

wages

Disability

n paid

gratia

legal heirs

covered under

 
         

amoun

of

ESIC or

 
         

t

deceased

insured under

 
         

Paid

employed

WC policy? If

 
             

so give

 
Injured            

details.

 
               
Died                

 

 

84       Closure information of factory as per rule 125(2) of M.F.R., 1963

 

Name of factory and full address  
Date of closure  
Reasons for closure  
Nature of  closure,  whether  entire

Entire/partial

or partial.  
If   partial   the   shift,   section   or  
department closed  
Number of workers  on the muster  
roll at the time of closure  
Number of workers affected by the  
closure    
85

Re-opening information of factory as per rule 125(3) of M.F.R., 1963

Name of factory and full address  
Date of closure  
Number of workers affected at the  
time of closure  
Factory  or  any  shift,  section   or  
department thereof reopened  
Number of workers  on the muster  
roll at the time of reopening  
     

 

 

 

– 10 –

 

Number  of  workers  re-employed Re-employed
and newly employed Newly employed

 

Other

 

86          Is the factory a member of Yes/No the Mutual Aid and Response Group (MARG)

 

87          Has  the  company  engaged    Yes/No

in any other

corporate

If YES,
  social

responsibility

what activities?  ___________________________
  activities during the period? who benefited?_____________________________

88

Does   the

factory   employ

Yes/No
  any disabled workers? If  YES,  what  types  of  disability?  (e.g.  physical,  sight,
          hearing, intellectual? _________
          how many men? ____________
          how many women ___________
          If YES,what special assistance and support, if any, has been
          provided for them? __________

 

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

 

 

Signature of owner/manager-

 

 

Name-

 

 

Designation-                                          Date:

 

Explanatory Notes :

*1 The average number of workers employed daily should be calculated by dividing the aggregate number of attendances on working days (that is, man-days worked) by the number of working days in year. In reckoning attendance, attendance by temporary as well as permanent employees should be counted, and all employees should be included, whether they are employed directly or by or through any agency including contractors. Attendance on separate shifts (e.g. night and day shifts) should be counted separately. Days on which the factory was closed for whatever cause, and days on which manufacturing process were not carried on should not be treated as working days. Partial attendance for less than half a shift on working days should be ignored, while attendance for half a shift or more on such day should be treated as full attendance.

 

 

– 11 –

 

2 For seasonal factories, the average number of workers employed during the working season and the off-season should be given separately. Similarly the number of days worked and average number of manhours worked per week during the working and off-season should be given separately.

 

**3 The average number of hours worked per week mean the total actual hours worked by all workers during the year excluding the rest intervals but including over-time work divided by the product of total number of workers employed in the factory during the year and 52. In case the factory has not worked for the whole year, the number of weeks during which the factory worked should be used in place of the figure 52.

 

4    Every person killed or injured should be treated as one separate accident. If in one occurrence, six persons were injured or killed, it should be counted as six accidents.

 

5          In items 24(a), the number of accidents which took place during the year should given. In case of non-fatal accidents only those accidents which prevented workers form working for 48 hours or more, should be indicated. 

 

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Posted by Hrformats - April 9, 2012 at 9:58 AM

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