Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

internship labour

97 views

Published on

  • Login to see the comments

  • Be the first to like this

internship labour

  1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.

×