a
a u EGULA ATION & ABOLITION)a


 |x 
 
 
  


 O› Every establishment in which 20 or more 
  







workmen are employed or were Principal employer employing
 employment To regulate the
employed on any day of the preceding 20 or more workers through
of contract
 12 months as contract labor. the contractor or the
labor in certain
O› Every contractor who employs or who contractorus) on deposit of
establishments and to
 provide for its abolition in
employed on any day of the preceding required fee in Form 1
twelve months 20 or more workmen. x
"
 certain circumstances and x

for matters connected
 therewith.
 )

 

 |
  



  
  
 


 When obtained by O› Engaging 20 or more than
üisrepresentation or 20 workers and on deposit
 |
suppression of required fee in Form IV.
Only by the appropriate Government
 through issue of notification after Of material facts etc. after O› Valid for specified
consultation with the Board uand not Courts) opportunity to the principal period. x

 can order the prohibition of employment of employer
 contract labour. x
! x
*


)

x , ' 

-
 



  & 
|
 O› Contract labor either one hundred or more employed by a contractor for
 O› When obtained by misrepresentation or one or more canteens shall be provided and maintained.
suppression of material facts. O› First Aid facilities.
 O› Failure of the contractor to comply with O› Number of rest-rooms as required under the Act.
 the conditions or contravention of Act or O› Drinking water, latrines and washing facilities. x

%,"
the ules. x

#

 |. 

&  |  
 
 
O› To ensure provision for canteen, restrooms, sufficient supply of drinking
 & 
 

.



/ water, latrines and urinals, washing facilities.
0
  
 Unless the privileges in the contract O› Principal employer entitled to recover from the contractor for providing such
amenities or to make deductions from amount payable. x

!
 between the parties or more favorable than
the prescribed in the Act, such contract will
 be invalid and the workers will continue to ü
' 
(&

 
& )
 

get more favorable benefits. 



 x

! O› Every contractor shall
O› üaintain üuster oll and a egister of Wages in Form XVI and Form XVII respectively
 when combined.
 O›  
 
 



 
O› egister or wage-cum-üuster oll in Form XVII where the wage period is a fortnight or
less.
 O› To maintain a register of contractor in O› üaintain a egister of Deductions for damage or loss, egister or Fines and egister of
respect of every establishment in Form Advances in Form XX, from XXI and Form XXII respectively.
 XII. O› üaintain a egister of Overtime in Form XXIII.
 O› 


  "# O› To
O› To maintain register of workers for
 each registered establishment in Form
 XIII.
O› To issue an employment card to each
 worker in Form XIV.
 O› To issue service certificate to every
workman on his termination in Form
issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement
of wages.
O› Obtain the signature or thumb impression of the worker concerned against the entries
relating to him on the egister of wages or üuster oll -Cum-Wages egister.
O› When covered by Payment of Wages Act, register and records to be maintained under
the rules
O› üuster oll, egister of wages, egister of Deductions, egister of Overtime, egister of
Fines, egister of Advances, Wage slip. "*
O› To display an abstract of the act and ules in English and Hi ndi and in the language
 XV. "$"%&"" spoken by the üajority of workers in such forms as may be approved by appropriate
authority +!
›
 O› To display notices showing rates of wages, hours of work, wage period, dates of
payment, names and addresses of the inspec tor and to send copy to the inspector and
 0| x any change. +
 ›
x

  
     

 Sec. 22 Obstructions For obstructing the inspector or failing to produce registers etc.
 Sec.23 - 3 monthsƞ imprisonment or fine upto s.500, or both.
Violation For violation of the provisions of Act or the ules, imprisonment of 3
 üonths or fine upto s.1000. On continuing contravention, additional fine
upto s.100 per day
   

a 
a 

a
 |x 
    
 
 

 Any person who is employed for O› Every establishment which is factory engaged in any industry specified in
work of an establishment or Schedule 1 and in which 20 or more persons are employed.
 employed through contractor in O› Any other establishment employing 20 or more persons which Central
 or in connection with the work of Government may, by notification, specify in this behalf. 
an establishment. O› Any establishment employing even less than 20 persons can be covered
 voluntarily u/s 1u
) of the Act.
  
 
 

O› The employer shall pay the
contribution payable to the EPF, 3

 DLI and Employeesƞ Pension Fund Employees covered enjoy a benefit of Social Security in the form of an
 inEmployeesƞ
respect of the member of the
Pension Fund
unattachable and unwithdrawable uexcept in severely restricted circumstances
like buying house, marriage/education, etc.) financial nest egg to which
 employed by him directly by or employees and employers contribute equally throughout the covered personsƞ
through a contractor. employment.
O› It shall be the responsibility of the This sum is payable normally on retirement or death. Other Benefits include
 principal employer to pay the Employeesƞ Pension Scheme and Employeesƞ Deposit Linked Insurance Scheme.
contributions payable to the EPF,
 DLI and Employeesƞ Pension Fund
 by himself in respect of the 
 
 

employees directly employed by
 him and also in respect of the
x ü ü|45x ü|45x 0 |67 5x
 employees directly employed by
him and also in respect of the Amount > 8.33%
uin case where
 employees employed by or through contribution is 12%
 a contractor. Provident Fund
of 10%)
12% 10% uin case of 0|
  


 
 
 Scheme
certain
After revision in wage ceiling from Establishments as
s.5000 to 
%$!! w.e.f. 1.6.2001 per per details given
month, the government will continue to earlier)
contribute 
%1 upto the actual wage Insurance
NIL 0.5 0|
of maximum s.6500 per month Scheme
towards Employeesƞ Pension Scheme. 8.33% uDiverted
The employerƞs share in the Pension
Scheme will be s.5
1 w.e.f. 1.6.2001.
Pension Scheme NIL out of Provident 1.16%
Fund
Under Employeesƞ Deposit-Linked
Insurance Scheme the contribution @
!
$!1 is required to be paid upto a
( 
maximum limit of s.6500.
The employer also will pay
administrative charges @ !
!1 on O› Less than 2 months Ʀ.@ 17% per annum

maximum limit of s.6500 whereas an O› Two months and above but less than upto four months Ʀ.@22% per annum
exempted establishment will pay
inspection charges @ ! !!$1 on the
O› Four months and above but less than upto six months Ʀ.@ 27% per annum
total wages paid.
0
2
The above clarification is given by O› Six months and above

taking wages upto a maximum of

s.6500 towards wage ubasic+DA).
Since an excluded employee i.e. )  
drawing wages more than s.6500 can
also become member of the Fund and
Liable to be arrested without warrant being a cognisable offence.
the Schemes on joint request and if, for Defaults by employer in paying contributions or inspection/administrative
instance, such an employee is getting
 s.10,000 per month, his share towards
charges attract imprisonment upto 3 years and fines upto s.10,000 uS.1
). For
provident fund contribution will be
s.1200 e.g. 12% and employerƞs share
towards provident fund contribution will any retrospective application, all dues have to be paid by employer with

be s.659 and s.5
1 towards damages upto 100% of arrears.

Employeesƞ Pension Fund.
  

a
ACT, 19
8 & the SCHEüE
 |x

) 


 

of employees 
 




,x
  xx ü (4 

.
Is extended in area- No. of implemented Centres 677
wise to factories using Drawing wages No. of Employers covered 2.38 lacs
power and employing 
 !!!!8 / Employersƞ # "$1 No. of Insured Persons 85 lacs
10 or more persons per month Employeesƞ  "$1 No. of Beneficiaries 330 lacs
and to non-power engaged either No. of egional Offices/S Oƞs 26
using manufacturing directly or thruƞ No. of ESI Hospitals/Annexes 183
units and establish- contractor No. of ESI Dispensaries 1
53
ments employing 20 No. of Panel Clinics 2950
or more person upto
s.7500/- per month ü& |

w.e.f. 1.
.200
. It  -  


 

3

has also been extend- To the employees under the Act
ed upon shops, The total amount of contribution uemployeeƞs
hotels, restaurants, share and employerƞs share) is to be deposited
with the authorized bank through a Chillan in üedical, sickness, extended sickness
roads motor transport for certain diseases, enhanced
undertakings, equip- the prescribed form in quadruplicate on ore
before 21st of month following the calendar sickness, dependents maternity,
ment maintenance besides funeral expenses, rehabilitation
staff in the hospitals. month in which the wages fall due.
allowance, medical benefit to insured
person and his or her spouse.

'6x9x 0 3: 0x 

 
 
 

egisters/files to be maintained by the employers  &  &

& &. 0 

& & If the person joined
. 1st April to 30th insurance employment for
O› Basic pay › September. the first time, say on 5 th
O› Contribution paid by the January, his first
O› Dearness allowance
employer to any contribution period will be
O› House rent allowance 1st October to 31st from 5th January to 31st
pension/provident fund or
O› City compensatory under ESI Act. üarch üarch and his
allowance corresponding first benefit
O› Sum paid to defray special will be from 5th October to
O› Overtime wages ubut not expenses entailed by the
to be taken into account 31st December.
nature of employment ƛ
for determining the Daily allowance paid for
coverage of an employee) the period spent on tour.
O› Payment for day of rest 

O› Gratuity payable on
›
O› Production incentive discharge.
Different punishment have been prescribed for different
O› Bonus other than O› Pay in lieu of notice of
statutory bonus retrenchment types of offences in terms of Section 85: uI) usix
O› Night shift allowance compensation months imprisonment and fine s.5000), uii) uone year
O› Heat, Gas & Dust O› Benefits paid under the
imprisonment and fine), and 85-A: ufive years
allowance ESI Scheme.
O› Encashment of leave imprisonment and not less to 2 years) and 85-Cu2) of
O› Payment for unsubstituted
holidays O› Payment of Inam which the ESI Act, which are self explanatory. Besides these
O› üeal/food allowance does not form part of the
provisions, action also can be taken under section
06
terms of employment.
O› Suspension allowance of the IPC in cases where an employer deducts
O› Washing allowance for
O› Lay off compensation livery contributions from the wages of his employees but
O› Children education O› Conveyance Amount
allowance unot being does not pay the same to the corporation which
towards reimbursement
reimbursement for actual for duty related journey amounts to criminal breach of trust.
tuition fee)
 9 x *#+
 |x
 

  

,.
.-
  
 9

 

 



Any premises whereon 10 or

O› Cleanliness Disposal of wastes and 
effluents To be granted by Chief
more persons with the aid of
power or 20 or more workers
O› Ventilation and temperature dust and Inspector of Factories on
are/were without aid of power fume submission of prescribed
working on any dyad preceding
O› Overcrowding Artificial humidification form, fee and plan.
12 months, wherein Lighting x
 %
üanufacturing process is being O› Drinking water Spittoons.
carried on. x
 
!
x
; <

x
ü O› Self-acting machines. 'ü
O› Casing of new machinery.
O› Facing of machinery O› Prohibition of employment of O› Washing facilities
O› Work on near machinery in motion. women and children near O› Facilities for storing and drying
O› Employment prohibition of young persons cotton-openers. clothing
on dangerous machines. O› Hoists and lifts. O› Facilities for sitting
O› Striking gear and devices for cutting off O› First-aid appliances ƛ one first aid
power. box not less than one for every
150 workers.
'- x&),)
&
 O› Canteens when there are 250 or
Weekly hours not more than
8. more workers.
Daily hours, not more than 9 hours. O› Shelters, rest rooms and lunch
Intervals for rest at least ½ hour on working for 5 hours. rooms when there are 150 or more
Spread over not more than 10½ hours. workers.
Overlapping shifts prohibited. O› Crèches when there are 30 or more
Extra wages for overtime double than normal rate of wages. women workers.
estrictions on employment of women before 6Aü and beyond 7 Pü. O› Welfare office when there are 500
x
 $$#
$%$*,%! or more workers.

  
4 |).
'
› ›
O› Prohibition of employment of young children e.g. 1
years. A worker having worked for 2
0 days @
O› Non-adult workers to carry tokens e.g. certificate of fitness. one day for every 20 days and for a child
O› Working hours for children not more than
½ hrs. and not permitted to one day for working of 15 days.
work during night shift. Accumulation of leave for 30 days.
x
 $$#
$%$*,%! x
 "*

990  0| xx
*

 
O› For contravention of the Provisions of the Act or ules
O› On Continuation of contravention
O› On contravention of Chapter IV pertaining to safety or
dangerous operations.
O› Subsequent contravention of some provisions
O› Obstructing Inspectors
O› Wrongful disclosing result pertaining to results of analysis.
O› For contravention of the provisions of Sec.
1B,
1C and

1H pertaining to compulsory disclosure of information by
occupier, specific responsibility of occupier or right of
workers to work imminent danger.
O› Imprisonment upto 2 years or fine upto s.1,00,000 or both
O› s.1000 per day
O› Not less than s.25000 in case of death.
O› Not less than s.5000 in case of serious injuries.
O› Imprisonment upto 3 years or fine not less than s.10,000
which may extend to s.2,00,000.
O› Imprisonment upto 6 months or fine upto s.10,000 or
both.
O› Imprisonment upto 6 months or fine upto s.10,000 or
both.
O› Imprisonment upto 7 years with fine upto s.2,00,000 and
on continuation fine @ s.5,000 per day.
O› Imprisonment of 10 years when contravention continues
for one year.



 
0(:x |(x: x *#"







Provisions for investigation and settlement of industrial disputes and for certain other purposes.

 

  

s .| 

 )  
'- & &

&
 ƛ has attained wider meaning than defined  
  
&    

except for domestic employment, covers from barber Labour Court/Industrial Tribunal can Employer to pay last drawn wages to
shops to big steel companies. x
;) üodify the punishment of dismissal or reinstated workman when proceedi ngs
'- 

ƛJoint Committee with equal number discharge of workmen and give appropriate challenging the award of his
of employers and employeesƞ representatives for relief including reinstatement. x
 reinstatement are pending in the
discussion of certain common problems. x
= higher Courts. x
"3

 
ƛis an attempt by a third party in helping to
settle the disputes x
# 3&x

 

&&

 ƛ Labour Court, Industrial Tribunal or O› When in the course of conciliation  &

National Tribunal to hear and decide the dispute. x

 
&.&
proceedings etc., all persons working
x
 "","3 or joining subsequently. O› A settlement for a period as
agreed by the parties, or
O› Otherwise than in course of
O› Period of six months on signing
settlement upon the parties to the
of settlement.
|, 
  
> settlement. x
+
O› An award for one year after its
&
|  enforcement. x
*
Failure, refusal or inability of an employer to provide
work due to 0

 
O› Shortage of coal, power or raw material. 21 days by an employer to workmen
O› Accumulation of stocks.
   |
about changing the conditions of service When there are more than 100
O› Breakdown of machinery. as provided in Ivth Schedule. x
* workmen during proceeding 12
O› Natural calamity. x
$/
months. x
25-ü

|  
  
x
 -,|
-

Payment of wages except for
O› Without giving to the employer notice of strike, as O› During the pendency of proceedings before a Labour Court,
intervening weekly holiday hereinafter provided, within six weeks before striking. Tribunal or National
compensation 50% of total or O› Within fourteen days of giving such notice. O› Tribunal and two months, after the conclusion of such
basic wages and DA for a period O› Before the expiry of the date of strike specified in any proceedings.
of lay off upto maximum
5 days such notice as aforesaid. O› During the pendency of arbitration proceedings before an
in a year. x
$/  O› During the pendency of any conciliation proceedings arbitrator and two months after the conclusion of such
before a conciliation officer and seven days after the proceedings, where a notification has been issued under
conclusion of such proceedings. Sub-Sectionu3A) of section 10A
   
 O› During the pendency of conciliation proceedings before O› During any period in which a settlement or award is in
6) 


 
 a Board and seven days after the conclusion of such operation, in respect of any of the matters covered by the
O› When there are more than 100 uin proceedings. settlement or award. x
 ,=
UP 300 or more) workmen during

O›

preceding 12 months.
Three monthsƞ notice or wages &
)



  
&&

 

 

& &

& 

O›

thereto.
Form QA
O› Not to alter to the prejudice of workmen concerned the condition of service.
O› To seek Express permission of the concerned authority by paying one monthƞs wages on dismissal, discharge
O›

Compensation @ 15 daysƞ wages.
x
$/0 or punish a protected workman connected with the dispute.
 O› To seek approval of the authority by paying one monthƞs wages before altering c ondition of service, dismissing
or discharging or punishing a workman.x
==
 
 




 
.- 
& 


&  

& 


 
'-   
, &
 
O› Workman must have worked for 2
0 days.
be punished. x
$/ 
Both the employer and the Union can
O› etrenchment compensation @ 15 daysƞ wages for every completed year to be calculated at last drawn wages
O› One monthƞs notice or wages in lieu thereof.
 O› easons for retrenchment
O› Complying with principle of Ɲlast come first goƞ.
 :&
-  O› Sending Form P to Labour Authorities.
60 daysƞ notice to the labour authorities for

intended closure in Form QA. x
$99
Prior permission atleast 90 days before in
Form O by the Government when there are
&
)



  
&&

 

 

& &

& 
O› Not to alter to the prejudice of workmen concerned the condition of service.
100 ore more workmen during preceding 12
months uin UP 300 or more workmen)
O› To seek Express permission of the concerned authority by paying one monthƞs wages on dismissal, discharge or punish a
protected workman connected with the dispute.
x
$/
 O› To seek approval of the authority by paying one monthƞs wages before altering condition of service, dismissing or discharging
or punishing a workman.x
==

0|
›  x  
  ?  

Committing unfair labour practices Imprisonment of upto 6 months or with fine upto s.3 ,000.

26

Sec.25-U
Illegal strike and lock-ourts Imprisonment upto one month or with fine upto s.50u s.1000 for lock -out) or
with both.
27  Instigation etc. for illegal strike or lock -outs.
Giving financial aid to illegal strikes and lock-outs. Imprisonment upto 6 months or with fine upto s.1,000
28 Imprisonment for 6 months or with fine upto s.1,000
29 Breach of settlement or award
Disclosing confidential information pertaining to Sec.21 Imprisonment upto 6 months or with fine.On continuity of offence fine
30 upto s.200 per day
31A Closure without 60 daysƞ notice under Sec.25 FFA
Contravention of Sec.33 pertaining to change of conditions of Imprisonment upto 6 months or with fine upto s.1,000
Service during pendency of dispute etc. Imprisonment upto 6 months or with fine upto s.5,000
 
ü 0 4
309  *%
 |x 
 )


 &
   







 To protect the dignity of Upon all women employees either employed 

directly or through contractor except domestic Women indulging temporary of
 motherhood and the women employees employed in mines, factories, unmarried are eligible for
dignity of a new personƞs plantations and also in other establishments if the
 birth by providing for the State Government so decides. Therefore, if the
maternity benefit when she is
expecting a child and has
 full and healthy State Government decides to apply this Act to worked for her employer for at
maintenance of the women employees in shops and commercial
 woman and her child at establishments, they also will get the benefit of
least 80 days in the 12 months
immediately proceeding the
 thisshe
important time when
is not working.
this Act. Bihar, Punjab Haryana, West Bengal, date of her expected delivery
U.P., Orissa and Andhra have done so.
 x
$ 

 3
 &
   



O› Leave with average pay for six weeks before the delivery.
O› Leave with average pay for six weeks after the delivery.

O› A medical bonus of s.25 if the employer does not provide free medical care to the woman.
O› Ten weeks before the date of her
expected delivery, she may ask
O› An additional leave with pay up to one month if the woman shows proof of illness due to the the employer to give her light
pregnancy, delivery, miscarriage, or premature birth. work for a month. At that time
 of miscarriage, six weeks leave with average pay from the date of miscarriage.
O› In case she should produce a certificate
that she is pregnant.
 0 3
8 ) 
O› She should give written notice to
O› Light work for ten weeks usix weeks plus one month) before the date of her expected delivery, if
sheasks for it.
the employer about seven weeks
before the date of her delivery
O› Two nursing breaks in the course of her daily work until the child is 15 months old. that she will be absent for six
O› No discharge or dismissal while she is on maternity leave. weeks before and after her
O› No change to her disadvantage in any of the conditions of her employment while on maternity delivery. She should also name
leave. the person to whom payment will

O› Pregnant women discharged or dismissed may still claim maternity benefit from the employer. be made in case she can not
@

  : Women dismissed for gross misconduct lose their right under the Act for üaternity take it herself.
Benefit O› She should take the payment for
 the first six weeks before she
goes on leave.
 O› She will get payment for the six
 ,|)ü 
 


 

|)   







weeks after child-birth within
8
hours of giving proof that she
O› Leave with wages at the rate of A woman suffering from illness arising has had a child.
maternity benefit, for a period of six our of pregnancy, delivery, premature O› She will be entitled to two

weeks immediately following the day of birth of child uüiscarriage, medical
nursing breaks of fifteen minutes
each in the course of her daily
her miscarriage or her medical termination of pregnancy or tubectomy work till her child is fifteen
termination of pregnancy. operation) be entitled, in addition to months old.

O› Entitled to leave with wages at the rate the period of absence allowed to her O› Her employer cannot discharge
of maternity benefit for a period of two leave with wages at the rate of her or change her conditions of
weeks immediately following the day of maternity benefit for a maximum service while she is on maternity
her tubectomy operation. period of one month. leave.
x
$ 
 x
!


 
&  & 


 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
O› Discharge

will expire during such absence or to very her disadvantage.
O› Discharge or dismissal during or on account of such absence or to give notice of disch arge or dismissal on such a day that the notice will expire during such
 or to vary to her disadvantage any of the conditions of her service.
absence,
O› At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitle d to maternity benefit or medical bonus, etc.
O› Not barred in case of dismissal for cross misconduct. x


9 
(  9
 




@




 If permitted by her employer to absent herself under the provisions of section 6 for any period
Imprisonment may during such authorized absence, she shall forfeit her claim to the maternity benefit for such
extend  to one year or period.
fine. 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 l ess than 3 months, but
it will extend to one year and will find, but not exceeding s.5,000. x
+



ü0ü:ü'6x *#+

 |x 

 




 9 @
ü   
'
 To provide for fixing O› The appropriate government to fix minimum rates of wages. The employees
minimum rates of wages employed in para 1 or B of Schedule either at 2 or either part of notification u/s 27.
 in certain employments O› To make review at such intervals not exceeding five years the minimum rates or so
 fixed and revised the minimum rates.
6) 

 @ü   '
 ü   
 O› Time work O Piece work at piece rate O Piece work for the purpose of securing to
' such employees on a time work basis O Overtime work done by employees for piece

Such as Basic rates of work or time rate workers. x
=

wages etc. Variable DA
and Value of other

concessions etc. x
# 
& @ &  
  

)  ü   
 

 ü   

 ' epresentation of '
9 @ 
 0 '- 
Appointing Committee issue of employer and employee Employer to pay to every
Notification etc. x
$ in schedule employer in employee engated in
  equal number and schedule employment at
O› Shall a rate not less than
 normal constitute
working day
a
)

independent persons not
rd minimum rates of wages
exceeding 1/3 or its
 inclusive of one or more To be fixed by the hour, by the total number one such
as fixed by Notification by
not making deduction
specified intervals. day or by such a longer wage-
O› To provide for a day of period works on any day in
person to be appointed other than prescribed.
by the Chairman. x

 rest in every period of excess of the number of hours x
*
seven days with constituting normal working day.
 remuneration. Payment for every hour or for
O› To provide for payment part of an hour so worked in '.-..-
 
excess at the overtime rate .- &
for work on a day of
 rest at a rate not less double of the ordinary rate of Save as otherwise hereinafter provided, be entitled to
u1½ times or for agriculture receive wages in respect of work done by him on that day
 than the overtime rate..
x
= labour) x
$
as if he had worked for a full normal working day.
 x
$


 '
.
.-
Where an employee does two or more
ü 

 
&
&
O› egister of 9  ƛ Form I ule 21u
)

classes of work to each of which a different O› Annual 
 ƛ Form III ule 21 u
-A)
minimum rate of wages is applicable, O› egister for )
 ƛ Form IV ule 25
 at not less than the minimum rate in
wages O› egister of 'ƛForm X, ' ƛForm XI, ü
ƛForm V ule 26

respect of each such class. x
% O› epresentation of register ƛ for three year ule 26-A x
+


ü   

. 
.-
Not less than minimum rates wages as
  
O› To be filed by before authority constituted under the Act within % months.
 .
fixed x
" O› Compensation upto  times on under or non-payment of wages x
%


0| x 
   


For paying less than minimum rates of Imprisonment upto 6 months or

wages with fine upto s.500/-

x
! For contravention of any provisions Imprisonment upto 6 months or

pertaining to fixing hours for normal with fine upto s.500/-
working day etc.


 

a 








 To provide for the registration of Trade Union and in certain respects
 to define the law relating to registered Trade Unions



 


&:   


&: 
›  ›
 " or more members of a trade union may, by subscribing
O› Any Prescribed form with following details.
their names to the rules of the trade union and its compliance. O› Names, occupations and address of the
 membersƞ place of work.
O› There should be at least !1 or !! of the work-men,
whichever is less, engaged or employed in the establishment or O› Address of its head office; and

industry with which it is connected.
O› Names, ages, addresses and occupations of its
 has on the date of making application not less than " persons
O› It office bearers.

as its members, who are workmen engaged or employed in the x
$
establishment or industry with which it is connected.


ü   A  
 

  
 
 
&
  
&   

 & 

›  › ›
Not less than !1, or !! of O› If the certificate has been No office bearer or member of a registered
the workmen, whichever is less, obtained by fraud or mistake or trade union shall be liable to punishment
 it has ceased to exist or has
subject to a minimum of ", under sub section u2) of conspiracy u/s 120B

engaged or employed in an
wilfully contravened any of IPC in respect of any agreement made
provision of this Act. between the members for the purpose of

establishments etc.
O› If it ceases to have the furthering any such object of the Trade
x
*
 requisite number of members. Union.
x
! x
"


( A 


 

&:   ›
›
 Annually to the egistrar, on or before such date as may be
 has not attained the age of + years.
If one
prescribed, a general statement, audited in the prescribed
manner, of all receipts and expenditure of every registered

Conviction for an offence involving moral turpitude. 

Trade Union during the year ending on the = (
  

Not applicable when $ years have elapsed.

x
/
x
+



 
 
   

 O› For making false entry in or any O› Fine upto s.500. On continuing
 omission in general statement default, additional fault, s.5 for
required for sending returns. each week unot exceeding s.50).
 :8=
 O› For making false entry in the O› Fine upto s.500.
form.

 O› Supplying false information O› Fine upto s.200.
:8= regarding Trade Union

› 

 Act not applicable to certain employees of LIC, General Insurance, Dock Yards, ed Cross, Universities & Educational
Institutions, Chambers of Commerce, Social Welfare Institutions, Building Contractors, etc. etc. x
= 

 0| 4 For contravention of any provision of the Act or the ule Upto 6 months or with fine upto s.1000. x
+



 a 
 
 |x 
 
 


 




 '
 & 
 O› Factory industrial Establishment To regulate the payment of wages of certain


 


O› Tramway service or motor classes of employed persons 

 transport service engaged in OAll wages shall be paid in
 
.
 carrying passengers or good or
both by road for hire or reward. The wages of every person employed be
current coins or currency
notes or in both.
 O Air transport service Dock, paid. OAfter obtaining the
Wharf or Jetty O Inland vessel, When less than 1000 persons are employed authorization, either by
 mechanically propelled shall be paid before the expiry of the 7 th day cheque or by crediting the
 O› üine, quarry or oil-field of the following month. wages in employeeƞs bank
Plantation When more than 1000 workers, before the Account x
%
 O› Workshop or other establishment th
expiry of the 10 day of the following
month. x
$
 etc.
) 
 Drawing average wage upto
 s.6500 pm as amended w.e.f. (&

 & .
(&



6.9.05. Deductions such as, fine, deduction for
 amenities and services supplied by the
 &


 &

 9 
 & employer, advances paid, over payment of
›
ONot to imposed unless the wages, loan, granted for house-building or
Absence for whole or any
 employer is given an opportunity to other purposes, income tax payable, in
part of the day ƛ
pursuance of the order of the Court, PF
 show cause contributions, cooperative societies,
If ten or more persons
±To record in the register absent without reasonable
 x
+ premium for Life Insurance, contribution to
cause, deduction of wages
any fund constituted by employer or a trade
 union, recovery of losses, ESI contributions
upto 8 days.

 etc.etc. x
"

x
*
(&

)

 && (&

& 
 When accommodation amenity or ›
service has been accepted by the For default or negligence of an employee
 employee. resulting into loss. Show cause notice has to
x

 be given to the employee. x
!


On contravention of S.5 uexcept sub-sec.
), S.7, S.8
uexcept Ss.8), S.9, S.10 uexcept Ss.2) and Secs.11 to 13.
Fine not less than s.1000 which may extend to s.5000.
On subsequent conviction fine not less than s.5000, may
 extend to s.10,000. On contravention S.
, S.5u
), S6,
S.8u8), S.10u2) or S.25 fine not less than s.1000. ƛ may
 extend to s.5000. On subsequent On conviction fine not
 less.
O› For failing to maintain registers or records; or
O› Wilfully refusing or without lawful excuse neglecting to O› Fine which shall not be less than s.1000 but may
 furnish information or return; or extend to s.5000 ƛ On record conviction fine not less
O› Wilfully furnishing or causing to be furnished any than s.5000, may extend to s.10,000.
 information or return which he knows to be false or O› For second or subsequent conviction, fine not less than
O› any
efusing to answer or wilfully giving a false answer to
question necessary for obtaining any information
s.5000 but may extend to s.10,000

 required to be furnished under this Act.

O› Wilfully obstructing an Inspector in the discharge of his
duties under this Act; or
O› efusing or wilfully neglecting to afford an Inspector any Fine not less than s.1000 extendable
Upto s.5000 ƛ On subsequent conviction fine
O› reasonable facility for making any entry, inspection etc.
Wilfully refusing to produce on the demand of an not less than s.5000 ƛ may extent to s.10,000
 inspector any register or other document kept in
pursuance of this Act; or preventing any person for
 appearance etc.
O› On conviction for any offence and again guilty of O› Imprisonment not less than one month extendable upto
Contravention of same provision. six months and fine not less than s.2000 extendable
O› Failing or neglecting to pay wages to any employee upto s.15000.
O› Additional fine upto s.100 for each day.
  !
a 


a 
 
 |x 

)'-   5  


 
 
 All workers irrespective of their status or
 

.- 
 All over India salaries either directly or through On death or personal injury resulting into
contractor or a person recruited to work total or partial disablement or occupational
 x
 abroad. x
;=< disease caused to a workman arising out
of and during the course of employment.
 x
=
  

 

 O› Where death of a workman results from the injury 
O› An amount equal to fifty per cent of the monthly wages of the '  
 
 deceased workman multiplied by the relevant factor on an
 

amount of eighty thousand rupees, whichever is more.
 O› Where ›
permanent total disablement results from the injury. O› In respect of any injury which does
 O› An amount equal to sixty per cent of the monthly wages of the result in the total or partial disablement
 injured workman multiplied by the relevant factor or an amount
of ninety thousand rupees, whichever is more
of the workman for a period exceeding
three days.
 
&


 O› In respect of any injury, not resulting in
 O› elevant factor

>|.

 

specified in second column of Schedule IV giving
death or permanent total disablement
caused by an accident which is directly
 slabs depending upon the age of the concerned workman. attributable to-
O› Example : In case of death. O› The workman having been at the time
 O› Wages s.3000 Pü È Age 23 years thereof under the influence of drink or
 O› Factor as schedule IV s.19.95 drugs, or
O› Amount of compensation s.329935 O› Willful disobedience of the workman to
 O› In case of total disablement s.395910. an order expressly given, or to a rule
 x
# expressly framed, for the purpose of
securing the safety of workmen, or
 ' 0

 O› Willful removal or disregard by the
› 

&
 workman of any safety guard or other
When the monthly wages are › device which he knew to have been
 more than s.
000 per month it As soon as provided for the purpose of securing the
safety of workman.
 will be deemed s.
000. Practicable
x
=;<,;<
x
#@  x
!


 


&
 3





9  ›
› Any workman relinquishing his right for
eport of fatal Accident and Serious Injury
 Commissioner unot application when ESI Act applies). within 7 days to the personal injury not permissible.
x
#
 x
!3


 0| 4

 O› In case of default by employer O› 50% of the compensation amount + interest to be paid to the
 O› Deposit of Compensation workman or his dependents as the case may be.
O› Within one month with the Compensation Commissioner
 x
#