1. EMPLOYEE STATE INSURANCE ACT, 1948
S.
No
.
Name of
the Act
Applicability/
Required
Compliance
Relevant Provision Section/
Rule
1. Employee
State
Insurance
Act, 1948
ESI is applicable to
factories employing
10 or more persons or
other establishments
employing 20 or
more persons. The
existing wage limit
for the coverage
under the Act is Rs.
15000/- per month
and for disabled
persons it is Rs.
25000/- per month.
Factory means any premises including the
precincts thereof whereon ten or more persons are
employed or were employed on any day of the
preceding twelve months, and in any part of
which a manufacturing process is being carried on
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 railway running shed.
Section
2(12)
2. Employee
State
Insurance
Act, 1948
Contribution to be
paid by the employer
(1) The contribution payable under this Act in
respect of an employee shall comprise
contribution payable by the employer (hereinafter
referred to as the employer's contribution) and
contribution payable by the employee (hereinafter
referred to as the employee's contribution) and
shall be paid to the Corporation.
Section
39(1)
3. Employee
State
Insurance
Act, 1948
Obligation to pay the
employees’
contribution in the
first instance
(1) The principal employer shall pay in respect of
every employee, whether directly employed by
him or by or through an immediate employer,
both the employer's contribution and the
employee's contribution
Section
40(1)
4. Employee
State
Insurance
Act, 1948
The obligation to
maintain registers and
furnish returns
(1) Every principal and immediate employer shall
submit to the Corporation or to such officer of the
Corporation as it may direct such returns in such
form and containing such particulars relating to
persons employed by him or to any factory or
Section
44(1) &
44(3).
2. establishment in respect of which he is the
principal or immediate employer as may be
specified in regulations made in this behalf.
(3) Every principal and immediate employer shall
maintain such registers or records in respect of his
factory or establishment as may be required by
regulations made in this behalf.
5. Employee
State
Insurance
Act, 1948
Obligation on
employer not to
reduce the wages
No employer by reason only of his liability for
any contributions payable under this Act shall,
directly or indirectly reduce the wages of any
employee, or except as provided by the
regulations, discontinue or reduce benefits
payable to him under the conditions of his service
which are similar to the benefits conferred by this
Act.
Section 72
6. Employee
State
Insurance
Act, 1948
Employer not to
dismiss or punish
employee during
period of sickness
1) Noemployer shall dismiss, discharge or reduce
or otherwise punish an employee during the
period the employee is in receipt of sickness
benefit or maternity benefit, nor shall he, except
as provided under the regulations, dismiss,
discharge or reduce or otherwise punish an
employee during the period he is in receipt of
disablement benefit for temporary disablement or
is under medical treatment for sickness or is
absent from work as a result of illness duly
certified in accordance with the regulations to
arise out of the pregnancy or confinement
rendering the employee unfit for work.
Section
73(1)
7. The
Employees’
State
Insurance
(General)
Regulations,
1950
Registration 10-B. Registration of Factories or Establishments.
(a) The employer in respect of a factory or an
establishment to which the Act applies for the first
time and to which an Employer’s Code Number
is not yet allotted, and the employer in respect of
a factory or an establishment to which the Act
previously applied but has ceased to apply for the
time being, shall furnish to the appropriate
Regulation
10B
3. Regional Office not later than 15 days after the
Act becomes applicable, as the case may be, to the
factory or establishment, a declaration of
registration in writing in Form-01 and Form-01-
A (Sic.) (hereinafter referred to as Employer’s
Registration Form).
(b) The employer shall be responsible for the
correctness of all the particulars and information
required for and furnished on the Employer’s
Registration Form.
(cc) The employer in respect of a factory or
establishment to which a code number has been
issued by the Corporation based on information
collected or decision taken regarding applicability
of the Act to such factory or establishment, shall,
within fifteen days of receipt of information of
allotment of code number, furnish a declaration in
Form-01.
(e) The employer shall enter the Employer’s Code
Number on all documents prepared or completed
by him in connection with the Act, the rules and
these regulations and in all correspondence with
the appropriate office.
8. The
Employees’
State
Insurance
(General)
Regulations,
1950
Furnishing
information of the
employees for the
purpose of Form-1
and Declaration
Form.
11. Declaration by persons in employment on
appointed day. — The employer in respect of a
factory or an establishment shall require every
employee in such factory or establishment to
furnish and such employee shall on demand
furnish to him either before or on the appointed
day correct particulars along with his/her
photograph and that of his/her family] required
for the purpose of Form-1 (hereinafter referred to
as the Declaration Form). Such employer shall
enter the particulars in the Declaration Form
including the Temporary Identification
Certificate, and obtain the signature or the thumb
Regulation
11 and 12.
4. impression of such employee and also complete
the form as indicated thereon.
12. Declaration by persons engaged after the
appointed day. — (1) The employer in respect of
a factory or an establishment shall, before taking
any person into employment in such factory or
establishment after the appointed day, require
such person (unless he can produce an Identity
Card or other document in lieu thereof issued to
him under these regulations) to furnish and such
person shall on demand furnish to him correct
particulars 1 [along with his/her photograph and
that of his/her family] required for the Declaration
Form including the Temporary Identification
Certificate. Such employer shall enter the
particulars in the Declaration Form including the
Temporary Identification Certificate and obtain
the signature or the thumb impression of such
person and also complete the form as indicated
thereon.. (2) Where an Identity Card is produced
under sub-regulation (1), the employer shall make
relevant entries thereon.
9. The
Employees’
State
Insurance
(General)
Regulations,
1950
Declaration Forms to
be sent to appropriate
Office
The employer shall send to the appropriate Office
by registered post or messenger, all Declaration
Forms without detaching the Temporary
Identification Certificate prepared under these
regulations together with a return in duplicate in
Form 3 within ten days of the date on which the
particulars for the Declaration Forms were
furnished.
Regulation
14
10. The
Employees’
State
Insurance
(General)
Regulations,
1950
Registration of
families for the
medical benefit under
the Act.
Every insured person who has not furnished the
particulars of his family at the time of his
registration under the Act, shall furnish to the
employer correct particulars along with their
photograph in respect of his family in Form 1-A.
Regulation
15A
5. The employer shall enter the particulars in the
Form and obtain the signature or the thumb
impression of such person and complete the Form
as indicated thereon and send it to the appropriate
office within ten days of the date on which the
particulars were furnished.
11. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation to intimate
the changes in the
membership of the
family.
An insured person shall intimate all changes in the
membership of the family as defined under the
Act, to the employer within 15 days of such
change having occurred and the employer shall
enter such particulars in Form 2 and shall forward
it to the appropriate Office within ten days of the
date on which the particulars of the changes were
furnished.
Regulation
15B
12. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation in
pursuance of issuance
of identity card.
The appropriate Office shall arrange to have an
identity Card prepared in Form 4 for each person
along with the photograph in respect of whom an
insurance number is allotted and shall include in
such card the particulars and photograph of the
family entitled to medical benefit under
Regulation 95A and send all such identity cards
to the employer.
Such employer shall if and when the employee
has been in service for 3 months, obtain the
signature or thumb impression of the employee on
the Identity Card and shall after making relevant
entries thereon, deliver the Identity Card to him.
The employer shall obtain a receipt from the
employee for the Identity Card. The Identity Card
in respect of an employee who has left
employment before 3 months shall not be given
to him, but shall be returned to the appropriate
Office as soon as possible. The Identity Card shall
not be transferable.
Regulation
17
6. 13. The
Employees’
State
Insurance
(General)
Regulations,
1950
Return of
contributions to be
sent to appropriate
office.
(1) Every employer shall send a return of
contributions in quadruplicate in Form 5 along
with receipted copies of challans for the amounts
deposited in the Bank, to the appropriate office by
registered post or messenger, in respect of all
employees for whom contributions are payable in
a contribution period, so as to reach that office —
(a) within 42 days of the termination of
contribution period to which it relates ;
(b) within 21 days of the date of permanent
closure of the factory or establishment, as the case
may be ;
(c) within 7 days of the date of receipt of
requisition in that behalf from the appropriate
office.
1 (A) Every employer shall be required to submit
details in Form 5 (Return of Contribution) with
regard to employees engaged through Principal
and Immediate Employers and their coverage,
submission of Declaration Forms, distribution of
Temporary Identification Certificates/Permanent
Identity Cards and wages considered for payment
of contribution and wages excluded for such
purpose.
Regulation
26(1) &
26(1A)
14. The
Employees’
State
Insurance
(General)
Regulations,
1950
Issue of a Certificate
of Contributions.
An employer shall, on demand from the
appropriate office, issue certificate of
contributions paid or payable in respect of an
insured person in such form as may be specified
by the Director-General.
Regulation
27
15. The
Employees’
State
Insurance
(General)
Obligation to make
time bound payment
of contributions
An employer who is liable to pay contributions in
respect of any employee shall pay those
contributions within 21 days of the last day of the
calendar month in which the contributions fall
due.
Regulation
31
7. Regulations,
1950
16. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation to
maintain the register
containing the
information of the
employees
(1) Every employer shall maintain a register in 4
[Form 6] in respect of every employee of his
factory or establishment.
(1) (a) Register of employees engaged by
immediate employer. - Every immediate
employer shall maintain a register in Form 6 in
respect of every employee engaged by him and
submit the same to the principal employer before
the settlement of any amount payable under sub-
section (1) of section 41 of the Act.
(2) Every employer shall preserve every register
maintained under this regulation after it is filled,
for a period of five years from the date of last
entry therein.
(3) The employer shall give a reasonable
opportunity to any of his employees, if he so
desires to see entries in respect of such employee
in this register once a month.
Regulation
32
17. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation to
maintain and furnish
the information
related to abstention
of the injured men
and women.
(1) Every employer shall furnish to the
appropriate office such information and
particulars in respect of the abstention of an
insured person from work for which sickness
benefit or disablement benefit for temporary
disablement, as provided under the Act has been
claimed or paid, in Form 10 and within such time
as the said office may in writing require in the said
form.
(2) Every employer shall furnish to the
appropriate office such information and
particulars in respect of the abstention of an
insured woman from work for which maternity
benefit as provided under the Act has been
Regulation
52A
8. claimed or paid, in Form 10 and within such time
as the said office may in writing require in the said
form.
18. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation to
maintain a book
containing the
information of the
injury to the
employees.
Every employer shall —
(i) keep a book readily accessible (hereinafter
called ‘ the Accident Book ’) in Form 11, in
which the appropriate particulars of any accident
causing personal injury to an employee may be
entered ;
(ii) Preserve every such book when it is
completed for a period of five years from the date
of the last entry thereon.
Regulation
66
19. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation to send
the report of the
accident
Every employer shall send a report in Form 12 to
the appropriate Branch Office and to the
Insurance Medical Officer of the insured person
(i) immediately, if the injury is serious,
i.e., it is likely to cause death or
permanent disablement or loss of a
member, and
(ii) in any other case within 48 hours after
the receipt of the notice under
regulation 65 or of the time when the
accident came to the notice of the
employer or of a foreman or other
official under whose supervision the
employee was employed at the time of
the accident or any other person
designated for the purpose by the
employer
Regulation
68
20. The
Employees’
State
Insurance
Obligation to
maintain a bound
inspection book
(i) Every principal employer shall maintain a
bound inspection book and shall be responsible
for its production, on demand by a Social Security
Officer or any other officer of the Corporation
Regulation
102A
9. (General)
Regulations,
1950
duly authorised to exercise the powers of a Social
Security Officer irrespective of the fact whether
the principal employer is present in the factory or
establishment or not during the inspection.
(ii) A note of all irregularities and illegalities
discovered at the time of inspection indicating
therein the action, if any, proposed to be taken
against the principal employer together with the
orders for their remedy or removal passed by a
Social Security Officer or any other officer of the
Corporation duly authorised to exercise the
powers of a Social Security Officer, shall be sent
to the principal employer who shall enter the note
and orders in the inspection book.
21. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation to arrange
for Medical Aid
Every employer shall arrange for such first-aid
and medical care and transport for obtaining such
aid and care as the circumstances of the accident
may require till the injured person is seen by the
Insurance Medical Officer and such employer
shall be entitled to reimbursement in respect of
expenses thereby incurred by him but not
exceeding such scale of expenses as may be
specified by the Corporation from time to time.
Regulation
69
22. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation to report
the death of an
employee for the
injury caused due to
employment
In case of death of an employee as a result of an
employment injury, —
(a) if the death occurs at the place of employment
the employer shall, and
(b) if the death occurs at any other place, a
dependant intending to claim dependants’ benefit
shall, or
(c) any other person present at the time of death
may, immediately report the death to the nearest
Branch Office and to the nearest dispensary,
Regulation
77
10. hospital, clinic or other institution where medical
benefit under the Act is available.
23. The
Employees’
State
Insurance
(General)
Regulations,
1950
Obligation to report
the death of the
insured person
In case of death of an insured person, —
(a) if the death occurs at the place of employment,
the employer shall, and
(b) if the death occurs at any other place, the
person entitled and intending to claim funeral
expenses shall, or
(c) any other person present at the time of death
(sic.) may, immediately, report the death to the
Branch Office of the deceased insured person
Regulation
95B
THE CONTRACT LABOUR (REGULATION AND ABOLITION ACT, 1970)
S.
No
.
Name of
the Act
Applicability/
Required
Compliance
Relevant Provision Section/
Rule
1. The
Contract
Labour
(Regulation
and
Abolition
Act, 1970)
The act is applicable
only when 20 or more
contract labour are
employed preceding
12 months in any
date.
It applies-
(a) to every establishment in which twenty or
more workmen are employed or were employed
on any day of the preceding twelve months as
contract labour;
(b) to every contractor who employs or who
employed on any day of the preceding twelve
months twenty or more workmen.
Section 1(4)
2. The Uttar
Pradesh
Contract
Labour
(Regulation
Obligation to
maintain register of
contractor.
Every principal employer shall maintain in
respect of each registered establishment a
register of contractor in Form XII
Rule 74
11. And
Abolition)
Rules, 1975
3. The Uttar
Pradesh
Contract
Labour
(Regulation
And
Abolition)
Rules, 1975
Obligation to
maintain the register
of persons employed.
Every contractor shall maintain in respect of each
registered establishment where he employs
contract labour a register in Form XIII
Rule 75
4. The Uttar
Pradesh
Contract
Labour
(Regulation
And
Abolition)
Rules, 1975
Obligation to issue
and maintain the
employment card.
(1) Every contractor shall issue an employment
card in Form XIV to each worker within three
days of the employment of the worker.
(2) The card shall be maintained up to date and
any change in the particulars shall be entered
therein.
Rule 76
5. The Uttar
Pradesh
Contract
Labour
(Regulation
And
Abolition)
Rules, 1975
Obligation to issue
the service certificate
On termination of employment for reason
whatsoever the contractor shall issue to the
workman whose services have been terminated a
service certificate in Form XVI.
Rule 77
6. The Uttar
Pradesh
Contract
Labour
(Regulation
And
Abolition)
Rules, 1975
Obligation to
maintain Master
Rolls, Wage
Registers, Deduction
Registers and
Overtime Register
(1) In respect of establishment which are
governed by the Payment of Wages Act, 1936 (4
of 1936) and the rules made thereunder, or
Minimum Wages Act, 1948 (II of 1948) or the
rules made thereunder, the following registers and
record required to be maintained by the contractor
as employer under these Acts, and the rules made
thereunder shall be deemed to be registers and
records to be maintained by the contractor under
these rules :
Rule 78(1)
& 78(2)
12. (a) Muster Roll;
(b) Register of wages ;
(c) Register of deductions ;
(d) Register of overtime ;
(e) Register of fines ;
(f) Register of advances.
(2) In respect of establishments not recovered
under sub-rule (1), the following provisions shall
apply, namely ;
(a) Every contractor shall maintain a Muster Roll
Register and a Register of Wages in Form XVI
and Form XVII respectively :
Provided that a combined muster roll-cum-wages
register in Form XVIII shall be maintained by the
contractor where the wage period is a fortnight or
less.
(b) Where the wage period is one week or more
the contractor shall issue wage slips in Form XIX
to the workmen at least a day prior to the
disbursement of wages.
(c) Signature or thumb-impression of every
worker on the register of wages or wage-cum-
muster roll, as the case may be, shall be obtained
and entries therein shall be authenticated by the
initials of the contractor or his representative and
duly certified by the authorised representative of
the principal employer as required by rule 73.
(d) Register of deductions, fines and advances,
registers of deductions for damage or loss,
register of fines and register of advances shall be
maintained by every contractor in Forms XX,
XXI and XXII respectively.
(e) A register of overtime shall be maintained by
every contractor in Form XXIII to record therein
number of hours and wages paid for overtime
work, if any.
7. The Uttar
Pradesh
Contract
Obligation to display
abstract of the act and
rules.
Every contractor shall display an abstract of the
Act and rules in English and Hindi and in the
language spoken by the majority of workers in
Rule 79
13. Labour
(Regulation
And
Abolition)
Rules, 1975
such forms as may be approved by the Labour
Commissioner, U. P.
8. The Uttar
Pradesh
Contract
Labour
(Regulation
And
Abolition)
Rules, 1975
Obligation to display
notices.
(1)(i) Notices showing the rates of wages, hours
of work, wage periods, date of payment of wages,
names and addresses of the Inspector having
jurisdiction, and date of payment of unpaid wages
shall be displayed in English and Hindi and in the
local language understood by the majority of the
workers in conspicuous places at the
establishment and (sic) work site by the principal
employer or the contractor, as the case may be.
(ii) The notices shall be correctly maintained in a
clean and legible condition.
(2) A copy of the notice shall be sent to the
Inspector and whenever any changes occur the
same shall be communicated to him forthwith
Rule 81(1)
9. The Uttar
Pradesh
Contract
Labour
(Regulation
And
Abolition)
Rules, 1975
Obligation to send
half yearly and
annual return
(1) Every contractor shall send half yearly return
in Form XXIV in duplicate so as to reach the
Licensing Officer concerned not later than twenty
days from the close of the half year.
(2) Every principal employer of a registered
establishment shall send annually a return in
Form XXV (in duplicate) so as to reach the
Registering Officer concerned not later than the
15th February following the end of the year to
which it relates.
Rule 82(1)
& 82(2)
The Uttar
Pradesh
Contract
Labour
(Regulation
Obligation to notify
the change in the
workmen and the
change in the
conditions of work.
The licensee shall notify any change in the
number of workmen or the conditions of work to
the licensing officer.
Rule
25(2)(vii)
14. And
Abolition)
Rules, 1975
EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS
ACT, 1952 & EPF SCHEME 1952
FUCKED UP NUMBERING
S.
No
.
Name of
the Act
Applicability/
Required
Compliance
Relevant Provision Section/
Rule
1. Employees’
Provident
Funds and
Miscellaneo
us
Provisions
Act, 1952
The act is applicable
to all the
establishments falling
within the ambit of
industries/class of
establishments,
wherein 20 persons
are employed
Subject to the provisions contained in section 16,
it applies,
(a) to every establishment which is a factory
engaged in any industry specified in Schedule I
and in which twenty or more persons are
employed and
(b) to any other establishment employing twenty
or more persons or class of such establishments
which the Central Government may, by
notification in the Official Gazette, specify, in this
behalf
Section 1(3)
2. Employees’
Provident
Fund
Scheme,
1952 (EPF
Scheme)
The scheme applies
to all the
establishments to
which the
Employees’
Provident Funds and
Miscellaneous
Provisions Act, 1952
is applicable.
Subject to provisions of sections 16 and 17 of the
Act, this Scheme shall apply to all factories [and
other establishments] to which the Act applies or
is applied under sub-section (3) [or sub-section
4(1) of section 1 or section 3 thereto
Para 1(3)(a)
1. EPF
Scheme
Declaration by
persons already
employed at the time
of
institution of the
Fund
Every person who is required or entitled to
become a member of the Fund shall be asked
forthwith by his employer to furnish and shall, on
such demand, furnish to him, for communication
to the Commissioner, particulars concerning
himself and his nominee required for the
Para 33
15. declaration form in Form 2. Such employer shall
enter the particulars in the declaration form and
obtain the signature or thumb impression of the
person concerned.
2. EPF
Scheme
Duties of the
employer
(1) Every employer shall send to the
Commissioner, within fifteen days of the
commencement of this Scheme, a consolidated
return in such form as the Commissioner may
specify of the employees required or entitled to
become members of the Fund showing the [basic
wage, retaining allowance (if any) and dearness
allowance including the cash value of any food
concession] paid to each of such employees:
(2) Every employer shall send to the
Commissioner within fifteen days of the close of
each month a return-
(a) in Form 5, of the employees qualifying to
become members of the Fund for the first time
during the preceding month together with the
declarations in Form 2 furnished by such
qualifying employees, and
(b) [in such form as the Commissioner may
specify], of the employees leaving service of the
employer during the preceding month.
Para 36(1),
36(2), 36(4),
36(5).
Also see
Rule 20 of
the State
Rules.
Employees’
Pension
Scheme,
1995.
3. EPF
Scheme
Employer to furnish
particulars of
ownership
Every employer in relation to a factory or other
establishment to which the Act applies on the date
of coming into force of the Employees’ Provident
Funds (Tenth Amendment) Scheme, 1961, or is
applied after that date, shall furnish [in duplicate]
to the Regional Commissioner in Form No. 5A
annexed hereto, [particulars of all the branches
and departments, owners], occupiers, directors,
partners, manager or any other person or persons
who have the ultimate control over the affairs of
such factory or establishment and also send
intimation of any change in such particulars,
within fifteen days of such change, to the
Para 36A
16. Regional Commissioner by registered post and in
such other manner as may be specified by the
Regional Commissioner.
4. EPF
Scheme
Declaration by
persons taking up
employment after the
Fund has been
established
The employer in relation to a [factory or other
establishment] shall, before taking any person
into employment, ask him to state in writing
whether or not he is a member of the Fund and if
he is, ask for the Account Number and/or the
name and particulars of the last employer. If he is
unable to furnish the Account Number, he shall,
require such person to furnish and such person
shall, on demand, furnish to him for
communication to the Commissioner, particulars
regarding himself and his nominee required for
the Declaration Form. Such employer shall enter
the particulars in the Declaration Form and obtain
the signature or thumb impression of the person
concerned:
Para 34
5. EPF
Scheme
Obligation to prepare
contribution cards
The employer shall prepare a contribution
card [in Form 3] [or Form 3A] as may be
appropriate, in respect of every employee in his
employment at the commencement of the Scheme
or who is taken into employment after that date
and who is required or entitled to become or is a
member of the Fund including those who produce
an Account Number and in respect of whom no
fresh Declaration Form is prepared.
Para 35
7. EPF
Scheme
Obligation to send
annual Contribution
Statement to the
commissioner
he employer shall send to the Commissioner
within one month of the close of the period of
currency, a consolidated annual Contribution
Statement in Form 6-A, showing the total amount
of recoveries made during the period of currency
from the wages of each member and the total
amount contributed by the employer in respect of
each such member for the said period. The
employer shall maintain on his record duplicate
copies of the aforesaid monthly abstract and
consolidated annual contribution statement for
production at the time of inspection by the
Inspector
Para 38(3)
17. EPF
Scheme
Obligations to enter
contributions in the
contribution card
The amount recovered every month from the
wages of an employee as well as the contribution
made by the employer in respect of each such
employee shall be entered by the employer every
month in the contribution card opened in the name
of each member under this Scheme.
Para 40
EPF
Scheme
Obligations to
provide members
with a pass book
With effect from such date as the Commissioner
may specify in this behalf, every employer shall,
on an employee becoming a member of the Fund,
provide a Pass Book to every such member and
maintain the same in such form and manner as the
Commissioner may direct from time to time
Para 40A
EPF
Scheme
Obligation to renew
contribution card
An employer shall, on or before the expiration of
the period of currency of the contribution card,
prepare in respect of each member employed by
him a card [in Form 3] [or Form 3A] as may be
appropriate, for the next period of currency.
Para 42
6. EPF
Scheme
Obligations to submit
the contribution cards
to the commissioner
Every employer shall within one month from the
date of expiration of the period of currency of
the contribution cards in respect of members
employed by him, send the contribution cards to
the Commissioner together with a statement in
Form 6:
Para 43
7. Employees’
Pension
Scheme,
1995 (UP
Rules)
The scheme applies
to all the
establishments to
which the
Employees’
Provident Funds and
Miscellaneous
Provisions Act, 1952
is applicable.
(3) Subject to the provisions of Section 16 of the
Employees’ Provident Funds and Miscellaneous
Provisions Act, 1952, this Scheme shall apply to
the employees of all factories and other
establishments to which the Employees Provident
Funds and Miscellaneous Provisions Act, 1952
applies or is applied under sub-section (3) or sub-
se0ction (4) of Section 1 or Section 3 thereof.
Rule 1(3)
8. Employees’
Pension
Scheme,
1995
Obligation to pay the
contribution
(1) The employer shall pay the contribution
payable to the Employees’ Pension Fund in
respect of [each member] of the Employees ’
Pension Fund employed by him directly or by or
through a contractor.
Rule 4
18. (2) It shall be the responsibility of the principal
employer to pay the contributions payable to the
Employees’ Pension Fund by himself in respect
of the employees directly employed by him and
also in respect of the employees employed by or
through a contractor.
Employees’
Pension
Scheme,
1995
Particulars to be
supplied by the
employees already
employed at the time
of commencement of
the Employees’
Pension Scheme
Every person who is entitled to become a member
of the Employees’ Pension Fund shall be asked
forthwith by his employer to furnish and that
person shall, on such demand, furnish to him for
communication to the Commissioner particulars
concerning himself and. His family in the form
prescribed by the Central Provident Fund
Commissioner.
Employees’
Pension
Scheme,
1995
Obligation to provide
the particulars of
ownership
Every employer in relation to a factory or other
establishment to which the Act applies or is
applied hereafter shall furnish to the
Commissioner particulars of all the branches and
departments, owners, occupiers, directors,
partners, managers or any other person or persons
who have the ultimate control over the affairs of
such factory or establishment and also send
intimation of any change in such particulars,
within fifteen days of such change, to the
Commissioner by registered post
Rule 21
MATERNITY BENEFIT ACT, 1961
S.
No
.
Name of
the Act
Applicability/
Required
Compliance
Relevant Provision Section/
Rule
1. Maternity
Benefit Act,
1961
The act is applicable
to every
establishment
wherein 10 or more
than 10 persons are
employed and to
every other
It applies, in the first instance,
(a) to every establishment being a factory, mine
or plantation including any such establishment
belonging to Government and to every
establishment wherein persons are employed for
the exhibition of equestrian, acrobatic and other
performances;
Section 2(1)
19. establishment
wherein persons are
employed for the
exhibition of
equestrian, acrobatic
and other
performances.
(b) to every shop or establishment within the
meaning of any law for the time being in force in
relation to shops and establishments in a State, in
which ten or more persons are employed, or were
employed, on any day of the preceding twelve
months.
2. Maternity
Benefit Act,
1961
Obligation not to
employ a woman at a
certain time
No employer shall knowingly employ a woman in
any establishment during the six weeks
immediately following the day of her delivery,
[miscarriage or medical termination of
pregnancy]
Section 4(1)
3. Maternity
Benefit Act,
1961
Obligation to pay Subject to the provisions of this Act, every
woman shall be entitled to, and her employer shall
be liable for, the payment of maternity benefit at
the rate of the average daily wage for the period
of her actual absence, that is to say, the period
immediately preceding the day of her delivery,
the actual day of her delivery and any period
immediately following that day.
Section 5(1)
4. Maternity
Benefit Act,
1961
Obligation to not
engage any pregnant
woman in a job of
arduous nature.
Without prejudice to the provisions of section 6,
no pregnant women shall, on a request being
made by her in this behalf, be required by her
employer to do during the period specified in sub-
section (4) any work which is of an arduous
nature or which involves long hours of standing,
or which in any way is likely to interfere with her
pregnancy or the normal development of the
foetus, or is likely to cause her miscarriage or
otherwise to adversely affect her health.
Section 4(3)
5. Maternity
Benefit Act,
1961
Grant of permission
to remain absent for
the reason of
pregnancy
On receipt of the notice, the employer shall permit
such woman to absent herself from the
establishment during the period for which she
receives the maternity benefit.
Section 6(4)
20. 6. Maternity
Benefit Act,
1961
Obligation to pay the
maternity benefit
amount
The amount of maternity benefit for the period
preceding the date of her expected delivery shall
be paid in advance by the employer to the woman
on production of such proof as may be prescribed
that the woman is pregnant, and the amount due
for the subsequent period shall be paid by the
employer to the woman within forty-eight hours
of production of such proof as may be prescribed
that the woman has been delivered of a child.
Section 6(5)
7. Maternity
Benefit Act,
1961
Obligation to
maintain registers
Every employer shall prepare and maintain such
registers, records and muster-rolls and in such
manner as may be prescribed.
Section 20
PUBLIC LIABILITY INSURANCE ACT, 1991
S.
No
.
Name of
the Act
Applicability/
Required
Compliance
Relevant Provision Section/
Rule
1. Public
Liability
Insurance
Act, 1991
The Act applies to all
owners associated
with the production
or handling of any
hazardous chemicals.
An Act to provide for public liability insurance
for the purpose of providing immediate relief to
the persons affected by accident occurring while
handling any hazardous substance and for matters
connected therewith or incidental thereto.
Preamble
2. Public
Liability
Insurance
Act, 1991
Obligation to take out
insurance
(1) Every owner shall take out, before he starts
handling any hazardous substance, one or more
insurance policies providing for contracts of
insurance whereby he is insured against liability
to give relief under sub-section (1) of section 3.
(2) Every owner shall get the insurance policy,
referred to in sub-section (1), renewed from time
to time before the expiry of the period of validity
thereof so that the insurance policies may remain
in force throughout the period during which such
handling is continued
Section 4(1)
& 4(2)
21. 3. Public
Liability
Insurance
Act, 1991
Obligation to further
pay the insurer
Every owner shall also, together with the amount
of premium, pay to the insurer, for being credited
to the Relief Fund established under section 7A,
such further amount, not exceeding the sum
equivalent to the amount of premium, as may be
prescribed.
Section 2(c)
4. The Public
Liability
Insurance
Rules, 1991
Applicable under the
powers of the Central
Government to make
relevant rules
In exercise of the powers conferred by section 23
of the Public Liability Insurance Act, 1991, the
Central Government hereby makes the following
rules, namely
Preamble of
the Rules
and Section
23 of the
Act.
5. The Public
Liability
Insurance
Rules, 1991
Establishment and
Administration of
Fund
(1) An owner of the category specified in section
4(3) of the Act shall, with the prior approval of
the Central Government, create and establish a
fund by depositing with the State Bank of India or
any of its subsidiaries or any nationalised bank, a
public liability Insurance fund of that owner.
(3) The fund shall be operated by an
Administrator to be nominated by the owner. The
owner shall notify the nomination of the
Administrator to the Central Government.
Section 6(1)
& 6(3).
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION
PROHIBITION AND REDRESSAL ACT), 2013
S.
No
.
Name of
the Act
Applicability/
Required
Compliance
Relevant Provision Section/
Rule
22. 1. Sexual
harassment
of women at
Workplace
(Prevention
prohibition
and
Redressal
Act), 2013
The act is applicable
to all the workplaces
to prevent the sexual
harassment of
women.
An Act to provide protection against sexual
harassment of women at workplace and for the
prevention and redressal of complaints of sexual
harassment and for matters connected therewith
or incidental thereto.
(o) "workplace" includes--
(i) any department, organisation, undertaking,
establishment, enterprise, institution, office,
branch or unit which is established, owned,
controlled or wholly or substantially financed by
funds provided directly or indirectly by the
appropriate Government or the local authority or
a Government company or a corporation or a co-
operative society;
(ii) any private sector organisation or a private
venture, undertaking, enterprise, institution,
establishment, society, trust, non-governmental
organisation, unit or service provider carrying on
commercial, professional, vocational,
educational, entertainmental, industrial, health
services or financial activities including
production, supply, sale, distribution or service;
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex
or competition or games venue, whether
residential or not used for training, sports or other
activities relating thereto;
(v) any place visited by the employee arising out
of or during the course of employment including
transportation provided by the employer for
undertaking such journey;
(vi) a dwelling place or a house
Preamble
and Section
2(o)
2. Sexual
harassment
of women at
Workplace
(Prevention
prohibition
Obligation to
constitute internals
complaint committee.
Every employer of a workplace shall, by an order
in writing, constitute a Committee to be known as
the "Internal Complaints Committee
Section 4(1)
23. and
Redressal
Act), 2013
3. Sexual
harassment
of women at
Workplace
(Prevention
prohibition
and
Redressal
Act), 2013
Obligation to make
an inquiry or forward
the complaint to the
police.
Subject to the provisions of section 10, the
Internal Committee or the Local Committee, as
the case may be, shall, where the respondent is an
employee, proceed to make inquiry into the
complaint in accordance with the provisions of
the service rules applicable to the respondent and
where no such rules exist, in such manner as may
be prescribed or in case of a domestic worker, the
Local Committee shall, if prima facie case exist,
forward the complaint to the police, within a
period of seven days for registering the case under
section 509 of the Indian Penal Code(45 of 1860),
and any other relevant provisions of the said Code
where applicable
Section
11(1)
4. Sexual
harassment
of women at
Workplace
(Prevention
prohibition
and
Redressal
Act), 2013
Duties of the
employer
Every employer shall-
(a) provide a safe working environment at the
workplace which shall include safety from the
persons coming into contact at the workplace;
(b) display at any conspicuous place in the
workplace, the penal consequences of sexual
harassments: and the order constituting, the
Internal Committee under subsection (1) of
section 4;
(c) organise workshops and awareness
programmes at regular intervals for sensitising
the employees with the provisions of the Act and
orientation programmes for the members of the
Internal Committee in the manner as may be
prescribed;
(d) provide necessary facilities to the Internal
Committee or the Local Committee, as the case
Section 19
24. may be, for dealing with the complaint and
conducting an inquiry;
(e) assist in securing the attendance of respondent
and witnesses before the Internal Committee or
the Local Committee, as the case may be;
(f) make available such information to the
Internal Committee or the Local Committee, as
the case may be, as it may require having regard
to the complaint made under sub-section (1) of
section 9;
(g) provide assistance to the woman if she so
chooses to file a complaint in relation to the
offence under the Indian Penal Code(45 of 1860)
or any other law for the time being in force;
(h) cause to initiate action, under the Indian Penal
Code(45 of 1860) or any other law for the time
being in force, against the perpetrator, or if the
aggrieved woman so desires, where the
perpetrator is not an employee, in the workplace
at which the incident of sexual harassment took
place;
(i) treat sexual harassment as a misconduct under
the service rules and initiate action for such
misconduct;
(j) monitor the timely submission of reports by the
Internal Committee.
5. Sexual
harassment
of women at
Workplace
(Prevention
prohibition
and
Internal committee to
submit annual report
(1) The Internal Committee or the Local
Committee, as the case may be, shall in each
calendar year prepare, in such form and at such
time as may be prescribed, an annual report and
submit the same to the employer and the District
Officer.
Section
21(1)
25. Redressal
Act), 2013
6. Sexual
harassment
of women at
Workplace
(Prevention
prohibition
and
Redressal
Act), 2013
Obligation to include
certain information to
the annual report
The employer shall include in its report the
number of cases filed, if any and their disposal
under this Act in the annual report of his
organisation or where no such report is required
to be prepared, intimate such number of cases, if
any, to the District Officer.
Section 22
7. Sexual
Harassment
of Women
at
Workplace
(Prevention,
Prohibition
and
Redressal)
Rules, 2013
Obligations with
respect to conducting
inquiry related to
harassment.
(2) On receipt of the complaint, the Complaints
Committee shall send one of the copies received
from the aggrieved woman under sub-rule (1) to
the respondent within a period of seven working
days.
(4) The Complaints Committee shall make
inquiry into the complaint in accordance with the
principles of natural justice.
(7) In conducting the inquiry, a minimum of three
Members of the Complaints Committee including
the Presiding Officer or the Chairperson, as the
case may be, shall be present.
Rule 7(2),
7(4) & 7(7).
8. Sexual
harassment
of women at
Workplace
(Prevention
prohibition
and
Redressal
Act), 2013
Manner of taking
action for sexual
harassment
Except in cases where service rules exist, where
the Complaints Committee arrives at the
conclusion that the allegation against the
respondent has been proved, it shall recommend
to the employer or the District Officer, as the case
may be, to take any action including a written
apology, warning, reprimand or censure,
withholding of promotion, withholding of pay
rise or increments, terminating the respondent
from service or undergoing a counselling session
or carrying out community service.
Rule 9
26. 9. Sexual
harassment
of women at
Workplace
(Prevention
prohibition
and
Redressal
Act), 2013
Manner to organise
workshops
Subject to the provisions of section 19, every
employer shall-
(a) formulate and widely disseminate an internal
policy or charter or resolution or declaration for
prohibition, prevention and redressal of sexual
harassment at the workplace intended to promote
gender sensitive safe spaces and remove
underlying factors that contribute towards a
hostile work environment against women;
(b) carry out orientation programmes and
seminars for the Members of the Internal
Committee ;
(c) carry out employees awareness programmes
and create forum for dialogues which may involve
Panchayati Raj Institutions, Gram Sabha,
women's groups, mothers' committee, adolescent
groups, urban local bodies and any other body as
may be considered necessary;
(d) conduct capacity building and skill building
programmes for the Members of the Internal
Committee;
(e) declare the names and contact details of all the
Members of the Internal Committee;
(f) use modules developed by the State
Governments to conduct workshops and
awareness programmes for sensitising the
employees with the provisions of the Act.
Rule 13
10 Sexual
harassment
of women at
Workplace
(Prevention
prohibition
and
Manner of
preparation of the
annual report
The annual report which the Complaints
Committee shall prepare under Section 21, shall
have the following details:-
(a) number of complaints of sexual harassment
received in the year;
Rule 14
27. Redressal
Act), 2013
(b) number of complaints disposed off during the
year;
(c) number of cases pending for more than ninety
days;
(d) number of workshops or awareness
programme against sexual harassment carried
out;
(e) Nature of action taken by the employer or
District Officer.