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Labour Laws

Various ActsThe Factories ActThe Contract Labour (R&A) ActThe Payment of Wages ActThe Minimum Wages ActThe Payment of Bonus ActThe Employment Exchanges ActThe Provident Fund ActThe Profession Tax ActThe Workmens Compensation ActThe Maternity Benefit ActThe Industrial Employment (Standing Orders) ActThe Bombay Labour Welfare Fund ActThe Payment of Gratuity ActThe Bombay Shops and Establishment ActThe Industrial Disputes ActThe Water (Prevention & Control of Pollution) ActThe Maharashtra Recognition of Trade Union (MRTU) andPrevention of Unfair Labour Practices (PULP) Act18.The Employees State Insurance Act

Applicability of ActsThe Factories Act

Applicability :Any premises including precincts thereof where ten or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power,

where twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power.

Scope : An Act to consolidate and amend the law regulating labour in factories

Comments :This Act covers basic rules and regulations for starting of a new factory and maintaining it consistently under the conditions prescribed in the Act for safety and health and welfare of the employees.

Applicability of Acts The Payment of Wages ActApplicability :Every FactoryScope :An Act to regulate the payment of wages to certain classes of employed persons.Comments : This Act covers various rules regarding payment of wages like date of payment, place of payment, mode of payment, verification by principle employer and records thereof. It also describes eligible deduction from wages and related procedures.

Object of the ActTo regulate the payment of wages of certain classes of employed persons.

Applicability of ActFactory industrial EstablishmentTramway service or motor transport service engaged in carrying passengers or good or both by road for hire or reward. Air transport service Dock, Wharf or Jetty Inland vessel, mechanically propelled Mine, quarry or oil-field PlantationWorkshop or other establishment etc.Coverage of Employees

Drawing average wage upto Rs.10,000/- pm

Time of payment of wagesThe wages of every person employed be paid.When less than 1000 persons are employed shall be paid before the expiry of the 7th day of the following month.When more than 1000 workers, before the expiry of the 10th day of the following month.

Wages to be paid in current coins or currency notesAll wages shall be paid in current coins or currency notes or in both.After obtaining the authorization, either by cheque or by crediting the wages in employees bank Account.

Deduction for absence from duties for unauthorised absenceAbsence for whole or any part of the day If ten or more persons absent without reasonable cause, deduction of wages upto 8 days.

Deduction made from wagesDeductions such as, fine, deduction for amenities and services supplied by the employer, advances paid, over payment of wages, loan, granted for house-building or other purposes, income tax payable, in pursuance of the order of the Court, PF contributions, cooperative societies, premium for Life Insurance, contribution to any fund constituted by employer or a trade union, recovery of losses, ESI contributions Deduction for damage or lossFor default or negligence of an employee resulting into loss. Show cause notice has to be given to the employee.Deductions for service renderedWhen accommodation amenity or service has been accepted by the employee.

The Minimum Wages ActApplicability :Every Factory

Scope :An Act to provide for fixing minimum rates of wages in certain employments.

Comments : This Act covers rules & regulations regarding minimum wages applicable to nature of industry which is decided based on process carried out. It also covers the index for Dearness Allowance and HRA rules.Applicability of Acts

Object of the Act To provide for fixing minimum rates of wages in certain employmentsWhat is Minimum Rates of Wages ? Such as Basic rates of wages etc. Variable DA and Value of other concessions etc. Payment of Minimum Rates of Wages Employer to pay to every employee engaged in schedule employment at a rate not less than minimum rates of wages as fixed by Notification by not making deduction other than prescribedWages must be paid in cashFixing Hours for Normal Working Number of hours of work in a day should not exceed nine hours in a day for an Adult & 4-1/2, hours for a child Shall constitute a normal working day inclusive of one or more specified intervals. To provide for a day of rest in every period of seven days with remuneration. To provide for payment for work on a day of rest at a rate not less than double the Normal rate

Overtime To be fixed by the hour, by the day or by such a longer wage-period works on any day in excess of the number of hours constituting normal working day. Payment for every hour or for part of an hour so worked in excess at the overtime rate double of the ordinary rate of wagesDistribution of wagesThe employer shall pay wages on a working day within seven days of the end of wage period or within Ten days if more than 1000 employees are employed in establishmentEvery employer shall issue wage slip in prescribed formMaintenance of registers and recordsRegister of Fines Form I Rule 21(4)Annual Returns Form III Rule 21 (4-A)Register for Overtime Form IV Rule 25Register of WagesForm X, Wages slipForm XI, Muster RollForm V Rule 26Representation of register for three year Rule 26-A

Exhibition of Act The employer shall exhibit a notice in respect of the following in English & in local language in a Clean & legible form Minimum Rate of Wages Abstract of the act and rules made there under Name & address of the inspectorPENALITIES Offence Punishment

For paying less than minimum rates of wages

For contravention of any provisions pertaining to fixing hours for normal working day etc.

Imprisonment upto 6 months or with fine upto Rs.500/-

Imprisonment upto 6 months or with fine upto Rs.500/-

Applicability of ActsThe Contract Labour (Regulation & Abolition) ActApplicability :Every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour through contractor for the work to be carried out which is not directly connected to manufacturing activities,to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.Scope :An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.Comments :The principle employer and the contractor should obtain a permission by applying for registration to The Competent Authority.

Object of the ActTo regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

ApplicabilityEvery establishment in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour.Every contractor who employs or who employed on any day of the preceding twelve months 20 or more workmen

Registration of EstablishmentPrincipal employer employing 20 or more workers through the contractor or the contractor(s) on deposit of required fee in Form 1

Prohibition of Employment of Contract LabourOnly by the appropriate Government through issue of notification after consultation with the Board (and not Courts) can order the prohibition of employment of contract labour.

Welfare measures to be taken by the ContractorContract labour either one hundred or more employed by a contractor for one or more canteens shall be provided and maintained.First Aid facilities.Number of rest-rooms as required under the Act.Drinking water, latrines and washing facilities.

Liability of Principal EmployerTo ensure provision for canteen, restrooms, sufficient supply of drinking water, latrines and urinals, washing facilities.Principal employer entitled to recover from the contractor for providing such amenities or to make deductions from amount payable.

Registers of ContractorsPrincipal employerTo maintain a register of contractor in respect of every establishment in Form XII.ContractorTo maintain register of workers for each registered establishment in Form XIII.To issue an employment card to each worker in Form XIV.To issue service certificate to every workman on his termination in Form XV.Register or wage-cum-Muster Roll in Form XVII where the wage period is a fortnight or less.Maintain a Register of Overtime in Form XXIII.Obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of wages or Muster Roll-Cum-Wages Register.

The Payment of Bonus ActApplicability :

Every factory & every other establishment in which twenty or more persons are employed on any day during an accounting year.

Scope :

An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith.

Comments :

Every factory or establishment completed 5 years or the year in which it earns profits whichever is earlier, this Act is applicable then onwards. Registers to be maintained and Returns to be submitted on applicability of this Act.Applicability of Acts

Applicability of Act Every factory where in 10 or more persons are employed with the aid of power or An establishment in which 20 or more persons are employed without the aid of power on any day during an accounting yearEligibility of Bonus An employee will be entitled only when he has worked for 30 working days in that yearEmployees drawing wages up to Rs.10000 per month or less.For calculation purposes Rs.3500 per month maximum will be taken even if an employee is drawing upto Rs.10000 per month.Sec.12Note: The proposal to enhance the existing ceiling of Rs.3500 is under active consideration by the Govt.

Payment of Minimum Bonus 8.33% of the salary or Rs.100 (on completion of 5 years after 1st Accounting year even if there is no profit)Components of Bonus Salary or wages includes dearness allowance but no other allowances e.g. over-time, house rent, incentive or commission.Time Limit for Payment of Bonus Within 8 months from the close of accounting year. Maintenance of Registers and Records etc.A register showing the computation of the allocable surplus referred to in clause (4) of section 2, in form A.A register showing the set-on and set-off of the allocable surplus, under section 15, in form BA register showing the details of the amount of bonus due to each of the employees, the deductions under section 17 and 18 and the amount actually disbursed, in form C.Submission of ReturnIn form D to the inspector within 30 Days of the expiry of Eight months from closing of the accounting year

Disqualification & Deduction of Bonus On dismissal of an employee for Fraud; or riotous or violent behaviour while on the premises of the establishment; or theft, misappropriation or sabotage of any property of the establishment or Misconduct of causing financial loss to the Employer to the extent that bonus can be deducted for that year

Applicability of Acts The Employment Exchanges (Compulsory Notification of Vacancies) ActApplicability :Every establishment employing twenty five or more persons.

Scope :An Act to provide for compulsory notification of vacancies to Employment Exchanges.

Comments :Needs to comply by notifying vacancies every quarter and to submit the returns quarterly as well as biannually.

The Provident Fund ActApplicability :Every establishment which is a factory specified in Schedule I and where twenty or more persons are employed.

Scope :An Act to provide for the institution of Provident Funds for employees in factories and other establishments

Comments :Registration under the Act is mandatory for all. Principle employer is responsible for deductions and remittance of PF contributions under this Act even for contract employees also. Monthly, yearly returns are required to be submitted in the prescribed format.Applicability of Acts

Applicability Every establishment which is factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed. Any other establishment employing 20 or more persons which Central Government may, by notification, specify in this behalf. Any establishment employing even less than 20 persons can be covered voluntarily u/s 1(4) of the Act.Eligibility Any person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment. Excluded employee Excluded Employee: "Exclude Employee" as defined under pare 2(f) of the Employees' Provident Fund Scheme means an employee who having been a member of the fund has withdraw the full amount of accumulation in the fund on retirement from service after attaining the age of 55 years; Or An employee, whose pay exceeds Rs. Six Thousand five hundred per month at the time, otherwise entitled to become a member of the fund.

Benefits Employees covered enjoy a benefit of Social Security in the form of an un attachable and un withdrawable (except in severely restricted circumstances like buying house, marriage/education, etc.) financial nest egg to which employees and employers contribute equally throughout the covered persons employment. This sum is payable normally on retirement or death. Other Benefits include Employees Pension Scheme and Employees Deposit Linked Insurance Scheme.Payment of Contribution The employer shall pay the contribution payable to the EPF, DLI and Employees Pension Fund in respect of the member of the Employees Pension Fund employed by him directly by or through a contractor. It shall be the responsibility of the principal employer to pay the contributions payable to the EPF, DLI and Employees Pension Fund by himself in respect of the employees directly employed by him and also in respect of the employees directly employed by him and also in respect of the employees employed by or through a contractor.

Rates of Contribution

Clarification about Contribution

After revision in wage ceiling from Rs.5000 to Rs.6500 w.e.f. 1.6.2001 per month, the government will continue to contribute 1.16% upto the actual wage of maximum Rs.6500 per month towards Employees Pension Scheme. The employers share in the Pension Scheme will be Rs.541 w.e.f. 1.6.2001.Under Employees Deposit-Linked Insurance Scheme the contribution @ 0.50% is required to be paid upto a maximum limit of Rs.6500.

SCHEMEEMPLOYEESEMPLOYERSCENTRAL GOVTSProvident Fund Scheme12%Amount > 8.33% (in case where contribution is 12% of 10%)NILInsurance SchemeNIL0.5NILPension SchemeNIL8.33% (Diverted out of Provident Fund1.16%

The employer also will pay administrative charges @ 0.01% on maximum limit of Rs.6500 whereas an exempted establishment will pay inspection charges @ 0.005% on the total wages paid.Since an excluded employee i.e. drawing wages more than Rs.6500 can also become member of the Fund and the Schemes on joint request and if, for instance, such an employee is getting Rs.10,000 per month, his share towards provident fund contribution will be Rs.1200 e.g. 12% and employers share towards provident fund contributioin will be Rs.659 and Rs.541 towards Employees Pension Fund.Last date of submitting the contribution contribution shall be submitted in prescribed form within 15 days of wage periodDamages if contribution not submitted in time Less than 2 months .@ 17% per annum Two months and above but less than upto four months .@ 22% per annum Four months and above but less than upto six months .@ 27% per annum Six months and above ..@ 37% per annum

Penal ProvisionLiable to be arrested without warrant being a cognisable offence.Defaults by employer in paying contributions or inspection/administrative charges attract imprisonment upto 3 years and fines upto Rs.10,000 (S.14). For any retrospective application, all dues have to be paid by employer with damages upto 100% of arrears.

Returns submitted under ActMonthly Return P.F Challan, Form 5( New Joining), Form 10,(Left employees), Form -02(Nomination & declaration of new joiner),SSN form.Annual returnFrom 03A(Monthly contribution details employee wise)Form 06A(Summary of form 03A)Maintenance of registers and records Inspection register in prescribed format Contribution card of employees(Form 03A)

Applicability of Acts The Profession Tax ActApplicability :Every Factory / Establishment

Comments :Registration under the Act is mandatory for all. Principle employer is responsible for deductions and remittance of Profession Tax under this Act even for contract employees also. Monthly, yearly returns are required to be submitted in the prescribed format.

The Workmens Compensation Act

Applicability :Every Factory

Scope :An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident.

Comments :The Act speaks about the compensation payable in case of disablement due to occupational hazards. ESI can be substituted by having insurance policy under the Act to take care of compensation payable, if any.Applicability of Acts

Applicability of ActsThe Maternity Benefit ActApplicability :Every shop & establishment in which ten or more persons are employed on any day of the preceding twelve months or where Employees State Insurance Act is applicable for the time being. Scope :An Act to regulate employment of women in certain establishments for certain period before and after child-birth and to provide for maternity benefits and certain other benefits.Comments :This act describes maternity benefits to the working women in certain establishments.

Object of the ActTo protect the dignity of motherhood and the dignity of a new persons birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working.Coverage of the Act Upon all women employees either employed directly or through contractor except domestic women employees employed in mines, factories, plantations and also in other establishments if the State Government so decides. Therefore, if the State Government decides to apply this Act to women employees in shops and commercial establishments, they also will get the benefit of this Act. Bihar, Punjab Haryana, West Bengal, U.P., Orissa and Andhra have done so.

BenefitsCash BenefitsLeave with average pay for six weeks before the delivery.Leave with average pay for six weeks after the delivery.A medical bonus of Rs.25 if the employer does not provide free medical care to the woman.An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage, or premature birth.In case of miscarriage, six weeks leave with average pay from the date of miscarriage.Non Cash Benefits/PrivilegeLight work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it.Two nursing breaks in the course of her daily work until the child is 15 months old.No discharge or dismissal while she is on maternity leave.No change to her disadvantage in any of the conditions of her employment while on maternity leave.Pregnant women discharged or dismissed may still claim maternity benefit from the employer.

Leave for Miscarriage& Tubectomy OperationLeave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or her medical termination of pregnancy.Entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.Leave for illness arising out of pregnancy etc. A woman suffering from illness arising our of pregnancy, delivery, premature birth of child (Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a maximum period of one monthProhibition of dismissal during absence of pregnancyDischarge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a day that the notice will expire during such absence or to very her disadvantage.Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus, etc.Not barred in case of dismissal for cross misconduct.

Conditions for eligibility of benefits Women indulging temporary of unmarried are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery Conditions for Claiming benefits Ten weeks before the date of her expected delivery, she may ask the employer to give her light work for a month. At that time she should produce a certificate that she is pregnant. She should give written notice to the employer about seven weeks before the date of her delivery that she will be absent for six weeks before and after her delivery. She should also name the person to whom payment will be made in case she can not take it herself.

She should take the payment for the first six weeks before she goes on leave. She will get payment for the six weeks after child-birth within 48 hours of giving proof that she has had a child. She will be entitled to two nursing breaks of fifteen minutes each in the course of her daily work till her child is fifteen months old. Her employer cannot discharge her or change her conditions of service while she is on maternity leave.

Forfeiture of maternity benefitIf permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, she shall forfeit her claim to the maternity benefit for such period.For discharging or dismissing such a woman during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than 3 months, but it will extend to one year and will find, but not exceeding Rs.5,000.

The Industrial Employment (Standing Orders) Act

Applicability :

Every industrial establishment wherein fifty or more workmen are employed on any day of preceding twelve months.

Scope :An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishments.

Comments :

This Act regulates basic terms and conditions of employment. The employer can get its rules and regulations certified from the competent authority or The Model Standing Orders described in the Act gets applied to the establishment.Applicability of Acts

Applicability of ActsThe Bombay Labour Welfare Fund ActApplicability :Applies to every factory within the meaning of Factories Act, 1948, every establishment within the meaning of Shop & Establishment Act, 1948, branches / Depts. situated in the same premises or different places thereof.

Scope :An Act to provide Constitution of a fund for the financing of activities to promote welfare of labour in the state of Maharashtra

Comments :The employer has to deduct the amount specified every six month from the eligible employees salary / wages and remit the same to the Welfare Fund. The amount collected is used for the welfare of labours by various means.

The Payment of Gratuity ActApplicability :Every factory,every shop & establishment in which ten or more persons are employed, or were employed on any day of the preceding twelve months.Scope :An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops and other establishments and for matters connected therewith or incidental thereto.Comments :Every employee who has completed his 4 years and 240 days uninterrupted continuous service is eligible to get benefits under this Act. While calculating the refund to the employee the basic pay is to be divided by 26 days and the employee gets 15 days of basic pay for every completed year.Applicability of Acts

Applicability Every factory, mine, oil field, plantation, port, railways, company, shop, establishment or educational institutions employing 10 or more employeesEmployeeAll employees irrespective of status or salaryEntitlement On completion of five years service except in case of death or disablementQualifying period On rendering of 5 years service, either termination, resignation or retirement.Wages for Calculation@ 15 days wages for every completed year as if the month comprises of 26 days at the last drawn wages

Display of NoticeOn conspicuous place at the main entrance in English language or the language understood by majority of employees of the factory, etc.Forfeiture of GratuityOn termination of an employee for moral turpitude or riotous or disorderly behavior.Wholly or partially for willfully causing loss, destruction of property etc. Nomination To be obtained by employer after expiry of one years service, in Form FMaximum CeilingRs.3,50,000Penalties Imprisonment for 6 months or fine upto Rs.10,000 for avoiding to make payment by making false state-ment or representa -tion. Imprisonment not less than 3 months and upto one year with fine on default in comply-ing with the provisions of Act or Rules.

Applicability of ActsThe Bombay Shops and Establishment ActApplicability :Every Shop and Establishment which is not a Factory under The Factories Act.Scope :An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other places, public amusement or entertainment and other establishments.Comments :This Act covers every shop and establishments which is not a factory and regulates the conditions of employment. The employer has to obtain a license from the authority under the Act and renew it regularly before the expiry.

Applicability of ActsThe Industrial Disputes Act

Applicability :

Every factory

Scope :An Act to make provisions for the investigation and settlement of industrial disputes and for certain other purpose

Comments :

The act describes the meaning, legality and rules regarding Strike, Lock-out, Lay-off and Retrenchment. It also describes the procedure of making complaints to the competent authority and the settlement thereof.

Applicability of ActsThe Water (Prevention & Control of Pollution) Act

Applicability :Every factory

Scope :An Act to provide for prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out of the purposes aforesaid, of Boards for the prevention and Control of Water Pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

Comments :This act covers all rules and regulations related to prevention of Water and Air pollution and control thereto. Every employer has to obtain a license to establish / operate from the MPCM Board.

Applicability of ActsThe Employees State Insurance Act

Applicability :Every factory & establishment(for employees drawing wages less than Rs. 7,500/-)

Scope :An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto.

Comments :This act covers all rules and regulations related to employee safety & health issues.

Applicability of the Act & Scheme

Is extended in area-wise to factories using power and employing 10 or more persons and to non-power using manufacturing units and establish-ments employing 20 or more person upto Rs.10,000/- per month. It has also been extended upon shops, hotels, restaurants, roads motor transport undertakings, equipment maintenance staff in the hospitals.

Coverage of employees Drawing wages upto Rs.10000/- per month engaged either directly or thru contractor

Benefits Medical, sickness, extended sickness for certain diseases, enhanced sickness, dependents maternity, besides funeral expenses, rehabilitation allowance, medical benefit to insured person and his or her spouseRate of Contribution of the wages Employers 4.75% Employees 1.75% Contribution period1st April to 30th September.1st October to 31st MarchBenefit period If the person joined insurance employment for the first time, say on 5th January, his first contribution period will be from 5th January to 31st March and his corresponding first benefit will be from 5th October to 31st December.

WAGES FOR ESI CONTRIBUTIONSTo be deemed as wages Basic pay, Dearness allowance , House rent allowance ,City compensatory allowance, Overtime wages, Payment for day of rest, Production incentive Bonus other than statutory bonus, Night shift allowance Heat, Gas & Dust allowance, Payment for un substituted holidays Meal/food allowance Suspension allowance, Lay off compensation Children education allowance NOT to be deemed as wagesContribution paid by the employer to any pension/provident fund or under ESI Act. Sum paid to defray special expenses entailed by the nature of employment Daily allowance paid for the period spent on tour. Gratuity payable on discharge . Pay in lieu of notice of retrenchment compensation , Benefits paid under the ESI Scheme , Encashment of leave , Payment of Inam which does not form part of the terms of employment, washing allowance for livery , Conveyance Amount towards reimbursement for duty related journey

Manner and Time Limit for making Payment of contribution The total amount of contribution (employees share and employers share) is to be deposited with the authorised bank through a challan in the prescribed form in quadruplicate on ore before 21st of month following the calendar month in which the wages fall due.Maintenance of registers and records Regulation 32 ( Register of employees covered under scheme & their contribution details)Penalties Different punishment have been prescribed for different types of offences in terms of Section 85: (I) (six months imprisonment and fine Rs.5000), (ii) (one year imprisonment and fine), and 85-A: (five years imprisonment and not less to 2 years) and 85-C(2) of the ESI Act, which are self explanatory. Besides these provisions, action also can be taken under section 406 of the IPC in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust.

The Factories Act

Returns / RegistersForm No.When to complyApproval of PlansIBefore situationg a factory or construction or extension of itCertificate of Stability1-AOnce every 5 yearsApplication for Registration2After commencement of FactoryGrant and renewal of License3Starting and renewal on or before 31st Oct., every yearNotice of Change of Manager5As and when Factory Manager changesRecord of white washing, varnishing, painting, etc. & repainting, re-varnishing8To be maintained alwaysRegister of workers attending to machinery10To be maintained alwaysReport of examination of lifting machinery / ropes / tackles by competent person12Certificate to be obtained annuallyExamination of pressure plant by competent person Externally Internally Hydraulic Test13Every Six MonthsOnce in Twelve monthsOnce in four yearsRegister of Compensatory Holidays14To be maintained always

The Factories Act ( contd.. )

Returns / RegistersForm No.When to complyNotice of period of work for adults16To display and maintainRegister of adult workers17To be maintained alwaysLeave with wages register20To be maintained alwaysLeave Book21To be maintained alwaysReport of accident by the Manager24To be submitted to Factory Inspection office as and when accident takes placeNotice of Dangerous Occurrence24AWithin 12 hours of taking place of such accidentAbstract under the Act26To be displayed alwaysAnnual Return27To be submitted to Factory Inspection office on or before 1st Feb. every yearMuster Roll29To be maintained if Form 17 & 19 are not maintainedRegister of accidents & dangerous occurrences30To be maintained alwaysInspection Book31To be maintained alwaysNotification of Paid HolidaysTo display and to submit to Factory Inspection Office every year in January

The Contract Labour (Regulation & Abolition) Act

Returns / RegistersForm No.When to complyApplication for registration of establishmentsIEvery year before 31st DecemberCertificate of RegistrationIITo preserveApplication for license IVTo be made by contractorCertificate from Principle EmployerVRequired for submission of application for licenseRenewal of LicenseVITo be made by contractor every year before 31st OctoberRegister of contractorVIITo be maintained by Principle EmployerRegister of persons employedIXTo be maintained by the contractorMuster RollXIITo be maintained by the contractorRegister of WagesXIIITo be maintained by the contractorAnnual ReturnXXIBy 15th February every year

The Payment of Wages Act

Returns / RegistersForm No.When to complyAbstract under the ActTo display alwaysRegister of WagesIITo maintain alwaysRegister of deductions for damage or lossIIITo maintain alwaysNotice of dates of paymentTo display alwaysRegister of advancesIVTo maintain alwaysAnnual ReturnVTo submit before 15th February every yearDisplay of rates of WagesTo display alwaysInspection BookTo maintain alwaysAll registers and records to be preserved for a period of THREE years.

The Minimum Wages Act

Returns / RegistersForm No.When to complyMuster Roll cum Wage register

(Unless registers in Form 17 & 19 appended to Maharashtra Factories Rules, 1963 & a register in Form II appended to the Maharashtra Payment of wages Rules, 1963 are maintained.)IITo maintain alwaysInspection BookTo maintain alwaysAbstractITo display alwaysAnnual Return3To submit every year before 15th FebruaryAttendance cum Wage slip or Wage CardTo maintain alwaysAll registers and records to be preserved for a period of THREE years.

The Payment of Bonus Act

Returns / RegistersForm No.When to complyAllocable Surplus registerATo maintainSet on and Set Off RegisterBTo maintainPayment of Bonus registerCTo maintainAnnual ReturnDTo submit every year before 30 days from the date of payment of bonusInspection BookTo maintainUnclaimed Bonus registerTo maintain

The Employment Exchanges (Compulsory Notification of Vacancies)Act

Returns / RegistersForm No.When to complyNotification of Vacancies Local Employment Exchange Central Employment Exchange15 days before interview / test60 days before interview / testQuarterly ReturnER-IWithin 30 days from the completion of quarter.Biannual Return (Occupational Return)ER-IIOnce in a two years on a date to be specified in the official Gazette

The Provident Fund Act

Returns / RegistersForm No.When to complyDeclaration and Nomination2On becoming the member of EPF schemeContribution Card3-AYearly submission before 30th AprilReturn of employee qualifying to become member of the fund for the first time5To submit before 15th of every monthReturn of Ownership to be sent to the Regional State Commissioner5-AOnceConsolidated annual contribution statement6-AYearly submission before 30th AprilCancellation / Change of Nomination8As and when there is change in the nomination of the employeeReturn of members leaving service10To submit before 15th of every monthStatement of contribution for the month12-ATo submit before 25th of every monthTransfer of EPF account13As and when employee joins other companyApplication of withdrawal of EPF19On leaving of service of a memberChallan (No.s 1, 2, 10, 21, 22)To submit before 15th of every monthInspection BookTo maintain always

The Workmens Compensation Act

Returns / RegistersForm No.When to complyStatement of depositing compensationAAt the time of depositing the compensation in respect to deathApplication by dependants for deposit of compensationGTo be made by dependentsRepot of fatal accidentsEEAt the time of occurrence of fatal accident

The Maternity Benefit Act

Returns / RegistersForm No.When to complyAbstractTo display alwaysAnnual Return11To submit before 15th January every year

The Industrial Employment (Standing Orders) Act

Returns / RegistersForm No.When to complyRegister of Standing Orders or Model Standing OrdersETo maintain alwaysSubmission of draft amendmentsAAs and when requiredNotice of discontinuance / restart of a shiftIV-AAs and when required

The Bombay Labour Welfare Fund Act

Returns / RegistersForm No.When to complyRegister of Wages

(Unless registers in Form 17 & 19 appended to Maharashtra Factories Rules, 1963 & a register in Form II appended to the Maharashtra Payment of wages Rules, 1963 are maintained.)BTo maintain alwaysConsolidated register of unclaimed Wages & FinesCTo maintain alwaysStatement of Employees and Employers contributionA-1Half yearly by 15th July and 15th JanuaryAbstract under the ActTo display always

The Payment of Gratuity Act

Returns / RegistersForm No.When to complyNotice of opening of the EstablishmentAWithin 30 days of rules becoming applicableNotice of change in Name, Address, Employer, Nature of BusinessBWithin 30 days of any such changeNotice of closureCAtleast 60 days before the intended closureDisplay of Notice specifying the name and designation of authorised officer to receive the noticesTo display alwaysNotification of family in relation to an employeeDAs and when requiredNominationsFWithin 30 days of completion of 1 year of serviceNotice of payment of gratuityLWithin 15 days of the receipt of the applicationAbstract under the ActTo display alwaysCompulsory InsuranceTo obtain an insurance for the liability for payment towards the gratuity

The Bombay Shops & Establishments Act

Returns / RegistersForm No.When to complyApplication for registrationAWithin 30 days from the date of commencementApplication for renewal of registrationB15 days before the expiry of registrationRegistration CertificateDTo display alwaysNotice of change in respect of change on no. of employeesEWithin 15 days after the expiry of the quarterNotice of change in respect of any other changeEWithin 30 days after the change has taken place.Register of recording lime washing, color washingFTo maintain alwaysRegister of employmentH/JTo maintain alwaysRegister of leaveM, NTo maintain alwaysName of board in MarathiTo display alwaysAscertainment of age of employeeOTo get from registered medical practitionerInspectors Visit BookTo maintain alwaysList of Weekly offs and Paid HolidaysTo display

The Industrial Disputes ActThis act covers the provisions related to Change in the service condition of any workman, Strike, Lock-out, Lay-off, Retrenchment

Returns / RegistersForm No.When to complyNotice of change in the conditions of serviceXIIIBefore intending to effect any change in the conditions of service applicable to any workman.

The Water (Prevention & Control of Pollution) Act

Returns / RegistersForm No.When to complyApplication for consent to establishXIIIBefore establishing or taking any steps for establishment of industry / operation / process / or any treatment / disposal system for discharge, continuation of discharge.Renewal of consent to establish / operateBefore ending the period of the existing consentReturn under Cess Rules showing the quantity of water consumed in the previous month1On or before 5th of every month

The Employees State Insurance Act

Returns / RegistersForm No.When to complyRegistration of factories / establishments01Before 15 days of applicability of the ActDeclaration form1To get filled up from all employees on the date of joiningDeclaration form to be sent to appropriate office3Within 10 days from the date of filling up of formRegistration of families1AWithin 10 days from the date of filling up of formChange in family declaration1BTo be filled in by employee and employer to forward it within 10 daysReturn of contributions to be send in triplicate6Within 42 days of the termination of the contribution period to which it relatesChallans of contributionsMonthly to submit in BankRegister of employees7To maintainAccident Book15To maintainAccident Report16Immediately, if accident is serious or within 24 hoursInspection BookTo maintain

List of acts and commissions which amounts to misconductWillful insubordination or disobedience, whether or not in combination with another, of any lawful and reasonable order of a superior.Going on illegal strike or abetting, inciting, instigating or acting in furtherance thereof;Willful slowing down in performance of work, or abetment or instigation thereof;Theft, fraud or dishonesty in connection with the employers business or property or the theft or property of another workman within the premises of the establishment;Taking or giving bribes or any illegal gratification;Habitual absence without leave, or absence without leave for more than ten consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation;Late attendance on not less than four occasions within a month;Habitual breach of any Standing Order or any law applicable to the establishment or ant rules made there under;Collection without the permission of the Manager of any money within the premises of the establishment except as sanctioned by any law for the time being in force;

List of acts and commissions which amounts to misconductEngaging in trade within the premises of the establishment;drunkenness, riotous, disorderly or indecent behaviour on the premises of the establishment;Commission of any act subversive of discipline or good behaviour on the premises of the establishment;Habitual neglect of work, or gross or habitual negligence;Habitual breach of ant rules or instruction for the maintenance and running of any department, or the maintenance of the cleanliness of any portion of the establishment;Habitual commission of any act or commission for which a fine may be imposed under the Payment of Wages Act, 1936.Canvassing for union membership, or the collection of union dues within the premises of the establishment except in accordance with any law or with the permission of the ManagerWilful damage to work in process r to any property of the establishment;holding meeting inside the premises of the establishment without the previous permission of the Manager or except in accordance with the provisions of any la for the time being in force;

List of acts and commissions which amounts to misconductDisclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the workman in the course of his work;Gambling within the premises of the establishment;Smoking or spitting on the premises of the establishment where it is prohibited by the employer;Failure to observe safety instructions notified b the employer or interference with any safety device or equipment installed within the establishment;Distributing or exhibiting within the premises of the establishment hand-bills, pamphlets, posters, and such other things or causing to be displayed by means of signs or writing or other visible representation on any matter without previous sanction of the Manager;Refusal to accept a charge-sheet, order or other communication served I accordance with these Standing Orders;Unauthorised possession of any lethal weapon in the establishment.