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 :
- 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
- Total No. of Man hours worked including over time :
a) Men :
b) Women :
c) Children :
- Average number of hours worked per week :
(See explanatory note)
a) Men :
b) Women :
- (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
- Total number of workers employed during the year:
a) Men
b) Women
c) Children
- Number of workers who were entitled to annual
Leave with wages during the year
a) Men
b) Women
c) Children
- Number of workers who were granted leave during the year
a) Men
b) Women
c) Children
- 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
- Is there an ambulance room provided in the
Factory as required under Section 45?
CANTEEN
- 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
- 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
- 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: –
- 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.
- 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.
- 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.
- 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.
- 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.
- Name of Establishment with full postal address:
- No. of days worked during the year:
Adults Children
- No. of Man days worked during the year _________ ________
(Total Attendence)
- Average No. of persons employed daily during
The year _________ _________
5. Total Wages Paid Rs._____________
6. Cash Value of Wages Paid in Kind
- Deductions made on account of
Fine Damage or Loss Breach of Contract
No. of Cases
Amount
No. of Cases
Amount
No. of Cases
Amount
- Balance of the fine fund at the beginning of the year __________________
- 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
- a) Name of the factory or establishment and postal address
b) Code No.
c) Industry
- Number of days worked during the year:
- 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 ………………………..]
- 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.
- 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.
- District :
- Full Postage Address of Factory :
- Nature of Industry :
- Average No. of Employees worked :
Men :
Women :
Adults
Men __________________
Women _______________
Childern
Men __________________
Women _______________
- 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: –
- 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.
- Enter the class of establishment according to the process or product, e.g. cotton weaving and spinning factory, coal mine.
- 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.
- 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.
- 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.
- Only such disablement as last for more than seven days should be shown [Section (4) (I)(d) of the Act]
- 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.
- 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:
- Application in prescribed form-34 (Revised)
- Workmen’s Compensation
- Application form No. III
- Application form No. IV
- Maternity Benefit Act, 1961 Form –“L”
- Maternity Benefit Act, 1961 Form – “N”
- Maternity Benefit Act, 1961 Form – “O”
- Maternity Benefit Act, 1961 Form – “M”
- Payment of Bonus Act, 1965 Form – “D”
- Half yearly Return Form – 35
- Principal Employer Return Form – 25
Kindly do the needful and oblige.
Thanking you.
Yours Truly,
For
Authorised Signatory
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.
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.
***
Categories: HR Tags: 1976, Act, Equal, Remuneration
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.
***
Categories: HR Tags: 1986, Act, Environment, Protection
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.
***
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.
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 | ||||||
| Mobile | |||||||||
| 5 | Contact details of manager | Telephone | Fax | ||||||
| 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
Forms Under Apprentices Act,1961
I have Attached Forms Under Apprentices Act,1961
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 | ||||||
| Mobile | |||||||||
| 5 | Contact details of manager | Telephone | Fax | ||||||
| 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
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 | ||||||||||||
|
Mobile |
|||||||||||||||
|
5 |
Contact details of manager | Telephone | Fax | ||||||||||||
|
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.