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An Apprentices 1961] PREAMBLE provide for the 1] Act to[52 OF Act, 1961 regulation and control of training apprentices

and for matters connected therewith. BE it enacted by Parliament in the Twelfth Year of 1. SHORT TITLE, EXTENT,as follows :- AND APPLICATION. - (1) This Act may be call the Republic of India COMMENCEMENT ed the Apprentices Act, 1961. The provisions of this of shall It extends to the wholeAct India.not apply to - (a) any area or to any industry in any area unless the Central Government by notification in the Official Gazet te specifies that area or industry as an area or industry to which the said prov isions shall apply with effect from such date as may be mentioned in the notific ation; (b) any such special apprenticeship scheme for imparting training to appr (aa) "apprentice" 2. DEFINITIONS. - means a by the Central Government in the Official Gazette. entices as may be notifiedperson who is undergoing apprenticeship training in pu (aaa) "apprenticeship training" means a rsuance of a contract of apprenticeship;course of training in any industry or es tablishment undergone in pursuance of a contract of apprenticeship and under pre scribed terms and conditions which may be different for different categories of (b) "Apprenticeship Adviser" means the Central Apprenticeship Adviser appointed apprentices; under sub-section (1) of section 26 or the State Apprenticeship Adviser appointe (c) "Apprenticeship Council" means the Central Apprenticeship Council or the Sta d under sub-section (2) of that section; (d) "appropriate Council established (1) in relation to - of the Central te ApprenticeshipGovernment" means, - under sub-section (1)(a) section 24; Appre (aaa) the practical training (aa) the Council, or nticeshipRegional Boards, or of graduate or technician apprentices or of technic (c) (b) any establishment of any controlled or port, by (i) the Central ian (vocational) apprentices,railway, majormanagedmine-or oil field, or Governme owned, or; (ii) nt oraacompany in which not less than fifty-one per cent of the share capital is department of the Central Government, held by the Central Government or partly by that Government and partly by one o (iii) corporation (including a co-operative society) established by or under a r moreaState Governments, Central Act which is owned, controlled or managed by the Central Government, th (b) any establishment (2) in relation to - other than an establishment specified e Central Government;(a) a State Apprenticeship Council, or in sub-clause (1) of (dd) "Board orthe State Government; this clause, State Council of Technical Education" means the Board or State Co (e) "designated trade" means any trade or occupation Government; uncil of Technical Education established by the Stateor any subject field in eng ineering or technology or any vocational course which the Central Government, af ter consultation with the Central Apprenticeship Council, may, by notification i n the Official Gazette, specify as a designated trade for the purposes of this A (f) ct; "employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with (g) "establishment" includes of employees in suchindustry is carried on and wher the supervision and control any place where any establishment; e an establishment consists of different departments or have branches, whether s ituated in the same place or at different places, all such departments or branch (h) "establishment as part of that establishment; es shall be treatedin private sector" means an establishment which is not an est (i) "establishment in public ablishment in public sector; sector" means an establishment owned, controlled or (2) a Government company as defined a department ofof the Companies Act, 1956 (1 managed by - (1) the Government or in section 617 the Government; (3) 1956); of a corporation (including a co-operative society) established by or under a C entral, Provincial or State Act, which is owned, controlled or managed by the Go (j) "graduate (4) a local or technician apprentice" means an apprentice who holds, or is und vernment; authority; ergoing training in order that he may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any such subject field (k) "industry" means any industry or business in which any trade, occupation or in engineering or technology as may be prescribed; subject field in engineering or technology or any vocational course may be speci (l) as a designated trade; fied"National Council" means the National Council for Training in Vocational Tra des established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment) No. TR/E.P-24/56, da ted the 21st August, 1956 and re-named as the National Council for Vocational Tr aining by the resolution of the Government of India in the Ministry of Labour (D irectorate-General of Employment and Training) No. DGET/12/21/80-TC, dated the 3 (mm) "Regional Board" (m) "prescribed" means prescribed by of Apprenticeship Training 0th September, 1981; means any Boardrules made under this Act; registered unde r the Societies Registration Act, 1860 (21 of 1860) at Bombay, Calcutta, Madras (o) "State (n) "State" includes a Union territory; or Kanpur; Council" means a State Council for Training in Vocational Trades esta (p) "State Government" in relation blished by the State Government; to a Union territory means the Administrator (pp) "technician (vocational) apprentice" means an apprentice who holds or is un thereof; dergoing training in order that he may hold a certificate in vocational course i nvolving two years of study after the completion of the secondary stage of schoo l education recognised by the All-India Council and undergoes apprenticeship tra (q) "trade apprentice" means an apprentice who undergoes apprenticeship training ining in any such subject field in any vocational course as may be prescribed; (r) any such trade or occupation as may be prescribed; in any kind of work and w in "worker" means an person who is employed for wages

ho gets his wages directly from the employer but shall not include an apprentice referred to in clause (aa). (a) is not less than fourteen years of age, and (b) satisfies such standards of education and physical fitness as may be prescribed Provided that different standards may be prescribed in relation to apprenticeshi : p training in different designated trades and for different categories of appren tices. 3. RESERVATION OF TRAINING PLACES FOR THE SCHEDULED CASTES AND THE SCHEDULE D TRIBES IN DESIGNATED TRADES. - (1) In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tri bes and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of appre (2) The number of training places to be reserved for the Scheduled Castes and th ntices in all the designated trades in such establishment. e Scheduled Tribes under sub-section (1) shall be such as may be prescribed, hav ing regard to the population of the Scheduled Castes and the Scheduled Tribes in Explanationconcerned. section, the expressions "Scheduled Castes" and "Scheduled the State : In this Tribes" shall have the meanings as in clauses (24) and (25) of article 366 of t 4. CONTRACT OF APPRENTICESHIP. - (1) No person shall be engaged as an apprentice he Constitution. to undergo apprenticeship training in a designated trade unless such person or, if he is a minor, his guardian has entered into a contract of apprenticeship wi (2) The apprenticeship training shall be deemed to have commenced on the date on th the employer. which the contract of apprenticeship has been entered into under sub-section (1 (3) ). Every contract of apprenticeship may contain such terms and conditions as ma Provided that by the term or condition shall be y be agreed tono such parties to the contract : inconsistent with any provision (4) this Act or anyof apprenticeship entered into under sub-section (1) shall be of Every contract rule made thereunder. sent by the employer within such period as may be prescribed to the Apprentices (5) The Apprenticeship Adviser hip Adviser for registration. shall not register a contract of apprenticeship u nless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to undergo appre (6) Where the Central Government, after consulting the the contract. nticeship training in the designated trade specified inCentral Apprenticeship Co uncil, makes any rule varying the terms and conditions of apprenticeship trainin g of any category of apprentices undergoing such training, then, the terms and c onditions of every contract of apprenticeship relating to that category of appre ntices and subsisting immediately before the making of such rule shall be deemed 6. PERIODbeenAPPRENTICESHIP TRAINING. - The period of apprenticeship training, w to have OF modified accordingly hich shall be specified in the contract of apprenticeship, shall be as follows : - (a) in the case of trade apprentices who, having undergone institutional train ing in a school or other institution recognised by the National Council, have pa ssed the trade tests or examinations conducted by that Council or by an institut ion recognised by that Council, the period of apprenticeship training shall be s uch as may be determined by that Council or by an institution recognised by that (aa) in the case of trade apprentices who, having undergone institutional traini Council; ng in a school or other institution affiliated to or recognised by a Board or St ate Council of Technical Education or any other authority which the Central Gove rnment may, by notification in the Official Gazette specify in this behalf, have passed the trade tests or examinations conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be pre (b) in the scribed; case of other trade apprentices, the period of apprenticeship trainin (c) in be case of graduate or technician apprentices, technician (vocational) a g shallthe such as may be prescribed; pprentices the period of apprenticeship training shall be such as may be prescri 7. TERMINATION OF APPRENTICESHIP CONTRACT. - (1) The contract of apprenticeship bed. (2) Either party to a expiry of apprenticeship may make an training. shall terminate on thecontractof the period of apprenticeshipapplication to the Apprenticeship Adviser for the termination of the contract, and when such applic ation is made, shall send by post a copy thereof to the other party to the contr (3) act.After considering the contents of the application and the objections, if any , filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or a ny of them have or has failed to carry out the terms and conditions of the contr act and that it is desirable in the interests of the parties or any of them to t Provided that where erminate the same : a contract is terminated - (a) for failure on the part of th e employer to carry out the terms and conditions of the contract, the employer s (b) pay to failure on the part of the apprentice, the apprentice hallfor suchthe apprentice such compensation as may be prescribed; or his guardi

an shall refund to the employer as cost of training such amount as may be determ (4) by the Apprenticeship Adviser. inedNotwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the Apprenticeship Ad viser may, if he is satisfied that the contract of apprenticeship with the previ ous employer could not be completed because of any lapse on the part of the prev ious employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of appre 9. PRACTICAL AND BASIC TRAINING OF with the new (1) Every nticeship training to be undertakenAPPRENTICES. -employer. employer shall make suitable arrangements in his workshop for imparting a course of practical traini ng to every apprentice engaged by him in accordance with the programme approved (2) The Central Apprenticeship by the Apprenticeship Adviser. adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Ad viser in writing in this behalf shall be given all reasonable facilities for acc ess to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme : Provided that the State Apprenticeship Adviser or any other person not below the rank of an Assistant. Apprenticeship Adviser authorised by the State Apprentice ship Adviser in writing in this behalf shall also be given such facilities in re spect of apprentices undergoing training in establishments in relation to which (3) Such of the trade apprentices as have not undergone institutional training i the appropriate Government is the State Government. n a school or other institution recognised by the National Council or any other institution affiliated to or recognized by a Board or State Council of Technical Education or any other authority which the Central Government may, by notificat ion in the Official Gazette, specify in this behalf, shall, before admission in (4) Where an employer employs in his establishment five basic or more the workshop for practical training, undergo a course ofhundredtraining.workers, the basic training shall be imparted to the trade apprentices either in separat e parts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy installments to meet the cost of th (4A) Notwithstanding anything contained in separate building. e land, construction and equipment for suchsub-section (4), if the number of app rentices to be trained at any time in any establishment in which five hundred or more workers are employed, is less than twelve the employer in relation to such establishment may depute all or any of such apprentices to any Basic Training C enter or Industrial Training Institute for basic training in any designated trad (4B) either employer deputes any apprentice under sub-section (4A), such emplo e, inWhere ancase, run by the Government. yer shall pay to the Government the expenses incurred by the Government on such (5) Where an employer as may in his establishment less than five hundred worker training, at such rateemploys be specified by the Central Government. s, the basic training shall be imparted to the trade apprentices in training ins (6) In set up training institute, titutesany suchby the Government. which shall be located within the premises o f the most suitable establishment in the locality or at any other convenient pla ce, the trade apprentices engaged by two or more employers may be imparted basic (7) In the case of an apprentice other than a graduate or technician apprentice, training. technician (vocational) apprentice the syllabus of and the equipment to be util ised for practical training including basic training shall be such as may be app roved by the Central Government in consultation with the Central Apprenticeship (7A) In Council.the case of graduate or technician apprentices, technician (vocational) apprentices the programme of apprenticeship training and the facilities required for such training in any subject field in engineering or technology or vocation al course shall be such as may be approved by the Central Government in consulta (8)(a) Recurring costs (including the cost of tion with the Central Apprenticeship Council. stipends) incurred by an employer in connection with basic training, imparted to trade apprentices other than thos e referred to in clauses (a) and (aa) of section 6 shall be borne - (i) if such employer employs two hundred and fifty workers or more, by the employer; (ii) if such employer employs less than two hundred and fifty workers, by the employer and the Government in equal shares up to such limit as may be laid down by the C (b) Recurring costs (including the cost by the employer any, incurred by an emp entral Government and beyond that limit,of stipends), if alone; and loyer in connection with practical training, including basic training, imparted to trade apprentices referred to in clauses (a) and (aa) of section 6 shall, in

(c) Recurring borne by the employer. every case, becosts (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician appren tices, technician (vocational) apprentices shall be borne by the employer and th e cost of stipends shall be borne by the Central Government and the employer in equal shares up to such limit as may be laid down by the Central Government and 10. RELATED INSTRUCTION OF APPRENTICES. beyond that limit, by the employer alone. (1) A trade apprentice who is undergoi ng practical training in an establishment shall, during the period of practical training, be given a course of related instruction (which shall be appropriate t o the trade) approved by the Central Government in consultation with the Central Apprenticeship Council, with a view to giving the trade apprentice such theoret ical knowledge as he needs in order to become fully qualified as a skilled craft (2) Related instruction shall be imparted at the cost of the appropriate Governm sman. ent but the employer shall, when so required, afford all facilities for impartin (3) Any time spent g such instruction.by a trade apprentice in attending classes on related instruc (4) shall case of trade apprentices who, after of work. tionIn the be treated as part of his paid periodhaving undergone a course of ins titutional training, have passed the trade tests conducted by the National Counc il or have passed the trade tests and examinations conducted by a Board or State Council of Technical Education or any other authority which the Central Governm ent may, by notification in the Official Gazette, specify in this behalf, the re lated instruction may be given on such reduced or modified scale as may be presc (5) Where any person has, during his course in a technical institution, become a ribed. graduate or technician apprentice, technician (vocational) apprentice and durin g his apprenticeship training he has to receive related instruction, then, the e mployer shall release such person from practical training to receive the related instruction in such institution, for such period as may be specified by the Cen tral Apprenticeship Adviser or by any other person not below the rank of an Assi stant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in 11. OBLIGATIONS OF EMPLOYERS. - Without prejudice to the other provisions of thi writing in this behalf. s act, every employer shall have the following obligations in relation to an app rentice, namely :- (a) to provide the apprentice with the training in his trade (b) if the employer is not himself qualified in the trade, to ensure that a pers in accordance with the provisions of this Act, and the rules made there under; on who possesses the prescribed qualifications is placed in charge of the traini (bb) the apprentice; ng ofto provide adequate instructional staff, possessing such qualifications as may be prescribed, for imparting practical and theoretical training and faciliti 12. OBLIGATIONS (c) to carry outOFof obligations- and the trade apprentice undergoing es for trade testhis apprentices;underEverycontract of apprenticeship. apprenti APPRENTICES. (1) ceship training shall have the following obligations, namely :- (a) to learn his trade conscientiously and diligently and endeavor to qualify himself as a skill (c) (b) to attendout all lawful instructional classes regularly; ed craftsman before the expiry of the period of training; carry practical and orders of his employer and superiors in the establis (2) Every (d) to carry out his technician apprentice, technician (vocational) apprentice hment; andgraduate orobligations under the contract of apprenticeship. undergoing apprenticeship training shall have the following obligations, namely :- (a) to learn his subject field in engineering or technology or vocational cou (c) (b) to attendout all lawful and instructional classes regularly; in the establis rse conscientiously and diligently at his place of training; carry the practical orders of employer and superiors (d) to hment; carry out his obligations under the contract of apprenticeship which shal 13. PAYMENT TO APPRENTICES. (1) The employer shall as to be prescribed. l include the maintenance of-such records of his workpay mayevery apprentice dur ing the period of apprenticeship training such stipend at a rate not less than t he prescribed minimum rate, or the rate which was being paid by the employer on 1st January, 1970 to the category of apprentices under which such apprentice fal ls, whichever is higher, as may be specified in the contract of apprenticeship a nd the stipend so specified shall be paid at such intervals and subject to such (2) An apprentice shall not be paid by his employer on the basis of piece work n conditions as may be prescribed. or shall he be required to take part in any output bonus or other incentive sche 14. me. HEALTH, SAFETY AND WELFARE OF APPRENTICES. - Where any apprentices are under going training in a factory, the provisions of Chapters III, IV and V of the Fac tories Act, 1948 (63 of 1948), shall apply in relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of that A ct and when any apprentices are undergoing training in a mine, the provisions of Chapter V of the Mines Act, 1952 (35 of 1952), shall apply in relation to the h ealth and safety of the apprentices as if they were persons employed in the mine .5. HOURS OF WORK, OVERTIME, LEAVE AND HOLIDAYS. - (1) The weekly and daily hour 1 s of work of an apprentice while undergoing practical training in a workshop sha

(2) No apprentice shall be required or allowed to work overtime except with the ll be such as may be prescribed. approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the app (3) An or in the shall interest. renticeapprentice publicbe entitled to such leave as may be prescribed and to su ch holidays as are observed in the establishment in which he is undergoing train 16. ing.EMPLOYER'S LIABILITY FOR COMPENSATION FOR INJURY. - If personal injury is ca used to an apprentice, by accident arising out of and in the course of his train ing as an apprentice, his employer shall be liable to pay compensation which sha ll be determined and paid, so far as may be, in accordance with the provisions o f the Workmen's Compensation Act, 1923 (8 of 1923), subject to the modifications 17. CONDUCTin the Schedule. - In all matters of conduct and discipline, the appr specified AND DISCIPLINE. entice shall be governed by the rules and regulations applicable to employees of the corresponding category in the establishment in which the apprentice is unde 18. APPRENTICES rgoing training.ARE TRAINEES AND NOT WORKERS. - Save as otherwise provided in th is Act, - (a) every apprentice undergoing apprenticeship training in a designate (b) the provisions of any law with respect to and not a worker; and d trade in an establishment shall be a traineelabour shall not apply to or in re 19. RECORDS AND RETURNS. lation to such apprentice. (1) Every employer shall maintain records of the prog ress of training of each apprentice undergoing apprenticeship training in his es (2) Every such employer as may be furnish such tablishment in such formshall also prescribed. information and returns in such 20. SETTLEMENT OF DISPUTES. - (1) Any disagreement or be prescribed. form, to such authorities and at such intervals as maydispute between an employe r and an apprentice arising out of the contract of apprenticeship shall be refer (2) Any person aggrieved Adviser for decision. red to the Apprenticeshipby the decision of the Apprenticeship Adviser under sub -section (1) may, within thirty days from the date of communication to him of su ch decision, prefer an appeal against the decision to the Apprenticeship Council and such appeal shall be heard and determined by a Committee of that Council ap (3) The decision of the pointed for the purpose.Committee under sub-section (2) and subject only to such decision, the decision of the Apprenticeship Adviser under sub-section (1) shal 21. final. l beHOLDING OF TEST AND GRANT OF CERTIFICATE AND CONCLUSION OF TRAINING. - (1) E very trade apprentice who has completed the period of training shall appear for a test to be conducted by the National Council to determine his proficiency in t (2) Every trade apprentice who has undergone referred to in sub-section he designated trade in which hepasses the testhis apprenticeship training.(1) sh all be granted a certificate of proficiency in the trade by the National Council .3) The progress in apprenticeship training of every graduate or technician appr ( entice, technician (vocational) apprentice shall be assessed by the employer fro (4) Every graduate or technician apprentice or technician (vocational) apprentic m time to time. e, who completes his apprenticeship training to the satisfaction of the concerne 22. OFFER Board, shall OF EMPLOYMENT. - (1) It shall not be obligatory on the d RegionalAND ACCEPTANCEbe granted a certificate of proficiency by that Board. part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the empl (2) Notwithstanding anything in sub-section (1), where there is a condition in a oyer. contract of apprenticeship shall, after the successful completion of the appren ticeship training, serve the employer, the employer shall, on such completion, b e bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such rem Provided as where such period the contract : unerationthatmay be specified inor remuneration is not, in the opinion of the Ap prenticeship Adviser, reasonable, he may revise such period or remuneration so a s to make it reasonable, and the period or remuneration so revised shall be deem ed to be the period or remuneration agreed to between the apprentice and the emp 23. AUTHORITIES. - (1) In addition to the Government, there shall be the followi loyer. (h) (g) (f) (e) (d) (c) (b) The Centralunder this Act, namely :-and (i) National Apprenticeship Adviser ng authoritiesCouncil, Councils of TechnicalTheThe State Council, Boards or Council, RegionalApprenticeship Council, (a) Education, All IndiaBoards, State Apprenticeship Council, State Adviser, .2) Every State Council shall be affiliated to the National Council and every St ( ate Apprenticeship Council shall be affiliated to the Central Apprenticeship Cou (2A) ncil.Every Board or State Council of Technical Education and every Regional Boar (3) Each of the authorities Central in sub-section (1) shall, in relation to a d shall be affiliated to thespecifiedApprenticeship Council. pprenticeship training under this Act, perform such functions as are assigned to Provided that a this Act or byshallGovernment : such functions as are assigned it by or under State Council the also perform to it by the National Council and the State Apprenticeship Council and the Board or State Council of Technical Education shall also perform such functions as ar 29. POWERS OF ENTRY, INSPECTION, ETC. - (1) Subject to e assigned to it by the Central Apprenticeship Council.any rules made in this be

half, the Central Apprenticeship Adviser or such other person, not below the ran k of an Assistant Apprenticeship Adviser, as may be authorised by the Central Ap prenticeship Adviser in writing in this behalf may - (a) with such assistants, i f any, as he thinks fit, enter, inspect and examine any establishment or part th (b) examine reasonable time; ereof at anyany apprentice employed therein or require the production of any reg ister, record or other documents maintained in pursuance of this Act and take on the spot or otherwise statements of any person which he may consider necessary (c) make such examination and inquiry as he for carrying out the purposes of this Act; thinks fit in order to ascertain whe ther the provisions of this Act and the rules made there under are being observe Provided that a State Apprenticeship be prescribed (d) the establishment; d inexercise such other powers as mayAdviser or such:other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the State Apprenticeship Adviser in writing in this behalf may also exercise any of the po wers specified in clause (a), (b), (c) or (d) of this sub-section in relation to (2) Notwithstanding which thein sub-section (1), no person shall be compelled un establishments for anything appropriate Government is the State Government. der this section to answer any question or make any statement which may tend dir ectly or indirectly to incriminate him. 30. OFFENCES AND PENALTIES. - (1) If any e mployer - (a) engages as an apprentice a person who is not qualified for being s (b) fails or o engaged,to carry out the terms and conditions of a contract of apprenticeship, (c) contravenes the provisions of this Act relating to the number of apprentices or which he is required to engage under those provisions, he shall be punishable w ith imprisonment for a term which may extend to six months or with fine or with (2) If both. any employer or any other person - (a) required to furnish any informatio (ii) furnishes or causes or neglects to any information or return which is or n or return - (i) refusesto be furnished furnish such information or return,fals e and which he either knows or believes to be false or does not believe to be tr (iii) ue, orrefuses to answer, or gives a false answer to any question necessary for o (b) refuses information neglects btaining anyor willfully required to be furnished by him, or State Apprentices afford the Central or the hip Adviser or such other person, not below the rank of an Assistant Apprentices hip Adviser, as may be authorised by the Central or the State Apprenticeship Adv iser in writing in this behalf any reasonable facility for making any entry, ins (c) requires an apprentice to work overtime without the approval of pection, examination or inquiry authorised by or under this Act, or the Apprenti (d) employs an or ceship Adviser,apprentice on any work which is not connected with his training, (f) (e) requires an apprentice to take part in any of piecework, incentive scheme, or makes payment to an apprentice on the basisoutput bonus oror he shall be punishable with imprisonment for a term which may extend to six mon WHEREAS An Factories 1948. PREAMBLEit fine or 1948 FACTORIES consolidate and consolidate regulating labour in factories. 2] or to ACT, Act, with both. thsAct withis expedient toamend the lawand amend the law regulating labour in fa 1. SHORT TITLE, EXTENT AND COMMENCEMENT. ctories; It is hereby enacted as follows :-(1) This Act may be called the Factor 2. (3) It extends (2) Act, 1948. to intowhole on the 1st there is anything iesINTERPRETATION.theInforceof India. day of April, 1949.repugnant in the subj shall come this Act, unless ect or context, - (a) "adult" means a person who has completed his eighteenth ye (b) "adolescent" means a person who has completed his fifteen year of age but ha ar of age; (c) "child" meansprocess" meanshas not completed his fifteenth year to an indust s(cb) completed his eighteenth year;process or activity in relation of age; not "hazardous a person who any ry specified to the First Schedule where, unless special care is taken, raw mate rials used therein or the intermediate or finished products, bye-products, waste s or effluents thereof would - (i) cause material impairment to the health of th e(d) "young person" means a persontherewith, orfor child or an adolescent; repai (k) "manufacturing process" means who is either a - (i) making, altering, persons engaged in or connected any process ring, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, d emolishing, or otherwise treating or adapting any article or substance with a vi (iv) generating, transforming or printing substance; (iii) its use, types for printing, any otherby letter (ii) composing sale, transport, delivery or disposal, press, ew topumping oil, water, sewageor transmitting power; oror; lithography, photog (v) constructing, reconstructing, book binding; lra-6 [ lra-7 or breaking ravure or other similar process orrepairing, refitting,]finishingor lra-7 ] up ships or vessels; (Inserted by the Factories (Amendment) Act, 1976, w.e.f. 26-1 (vi) preserving or storing any article in cold storage; (l) "worker" means a per 0-1976.) son employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incident al to, or connected with, the manufacturing process, or the subject of the manuf acturing process but does not include any member of the armed forces of the unio (m) n; "factory" means any premises including the precincts thereof - (i) whereon t en or more workers are working, or were working on any day of the preceding twel ve months, and in any part of which a manufacturing process is being carried on (ii) whereon twenty or more ordinarily working, or were with the aid of power, or isworkers are so carried on, orworking on any day of t he preceding twelve months, and in any part of which a manufacturing process is

being carried on without the aid of power, or is ordinarily so carried on, but d oes not include a mine subject to the operation of the Mines Act, 1952 (35 of 19 52), or a mobile unit belonging to the armed forces of the union, a railway runn Explanation I : For restaurant or eating place; ing shed or a hotel,computing the number of workers for the purposes of this cla use all the workers in different groups and relays in a day shall be taken into Explanation II : For the purposes of this clause, the mere fact that an Electron account. ic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process .is being carried onThe such premises or part thereof; INSPECTORS. - (1) in State Government may, by notification in the Official Ga zette, appoint such persons as possess the prescribed qualification to be Inspec tors for the purposes of this Act and may assign to them such local limits as it (2) The State Government may, by notification in the Official Gazette, appoint a may think fit. ny person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throug (2A) The State hout the State.Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Ins pectors and as many other officers as it thinks fit to assist the Chief Inspecto r and to exercise such of the powers of the Chief Inspector as may be specified (2B) Every Additional in such notification. Chief Inspector, Joint Chief Inspector, Deputy Chief Inspe ctor and every other officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is (3) No person shall be appointedof an Inspector throughout the State. sub-sect appointed, exercise the powers under sub-section (1), sub-section (2) ion (2A) lra-38 ] or sub-section (5), or having been so appointed, shall continu e to hold office, who is or becomes directly or indirectly interested in a facto ry or in any process or business carried on therein or in any patent or machiner (5) The State Government (4) Every District Magistrate shall be an Inspector for his district. y connected therewith. may also, by notification as aforesaid, appoint such pu blic officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respect (6) In ively. any area where there are more Inspectors than one the State Government ma y, by notification as aforesaid, declare the powers, which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to b (7) Every e sent. Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, De puty Chief Inspector, Inspector and every other officer appointed under this sec tion shall be deemed to be a public servant within the meaning of the Indian Pen al Code (45 of 1860), and shall be officially subordinate to such authority as t 9. POWERS OF INSPECTORS. - Subject to any rules he State Government may specify in this behalf. made in this behalf, an Inspecto r may, within the local limits for which he is appointed, - (a) enter, with such assistants being persons in the service of the Government, or any local or othe r public authority, or with an expert as he thinks fit, any place which is used, (c) make heinto reason the premises, plant,as a factory; (b) whichexamination of to believe is used,occurrence, whether resulting in bodi or inquire has any accident or dangerous machinery, article or substance; ly injury, disability or not, and take on the spot or otherwise statements of an (d) require the production of necessary for register or any y person which he may considerany prescribed such inquiry; other document rela (e) to the factory; tingseize, or take copies of, any register, record or other document or any port ion thereof, as he may consider necessary in respect of any offence under this A (f) direct the occupier that any premises or any part thereof, or anything lying ct, which he has reason to believe, has been committed; therein, shall be left undisturbed (whether generally or in particular respects ) for so long as is necessary for the purpose of any examination under clause (b (g) ); take measurements and photographs and make such recordings as he considers n ecessary for the purpose of any examination under clause (b), taking with him an (h) in case of any article or substance found in any premises, being an article y necessary instrument or equipment; or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same i s, in the circumstances necessary, for carrying out the purposes of this Act), a nd take possession of any such article of substance or a part thereof, and detai n it for so long as is necessary for such examination; (i) exercise such other p Provided that no person shall owers as may be prescribed : be compelled under this section to answer any ques 10 CERTIFYING SURGEONS. - (1) The State Government may appoint qualified medical tion or give any evidence tending to incriminate himself. practitioners to be certifying surgeons for the purposes of this Act within suc h local limits or for such factory or class or description of factories as it ma

(2) A certifying surgeon may, y assign to them respectively.with the approval of the State Government, authori ze any qualified medical practitioner to exercise any of his powers under this A ct for such period as the certifying surgeon may specify and subject to such con ditions as the State Government may think fit to impose, and references in this Act to a certifying surgeon shall be deemed to include references to any qualifi (3) No person shall be when so to be, or ed medical practitionerappointedauthorized.authorized to exercise the powers of, a certifying surgeon, or having been so appointed or authorized, continue to ex ercise such powers, who is, or becomes the occupier of a factory or is or become s directly or indirectly interested therein or in any process or business carrie d on therein or in any patent or machinery connected therewith or is otherwise i Provided that the State Government may, by order in writing and subject to such n the employ of the factory : conditions as may be specified in the order, exempt any person or class of perso ns from the provisions of this sub-section in respect of any factory or class or (4) The certifying surgeon shall carry out such duties as may be prescribed in c description of factories. onnection with - (a) the examination and certification of young persons under th (b) the is Act; examination of persons engaged in factories in such dangerous occupation (c) processes as of such medical supervision as may be prescribed for any fact s orthe exercisingmay be prescribed; ory or class or description of factories where - (i) cases of illness have occur red which it is reasonable to believe are due to the nature of the manufacturing (ii) by reason ofon, or otherin the manufacturingprevailing, therein;or in the s process carried any change conditions of work process carried on ubstances used therein or by reason of the adoption of any new manufacturing pro cess or of any new substance for use in a manufacturing process, there is a like lihood of injury to the health of workers employed in that manufacturing process ;iii) young persons are, or are about to be, employed in any work which is likel ( y to cause injury to their health. Explanation : In this section "qualified medi cal practitioner" means a person holding a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916) o 11. the Schedules Health Provisions (1) Every factory shall be kept clean and free from effluvia r inCLEANLINESS. - to the Indian Medical Council Act, 1933 (27 of 1933). arising from any drain, privy or other, nuisance, and in particular - (a) accumu lations of dirt and refuse shall be removed daily by sweeping or by any other ef fective method from the floors and benches of workrooms and from staircases and (b) the floor of every workroom shall be cleaned passages, and disposed of in a suitable manner; at least once in every week by washing, using disinfectant, where necessary, or by some other effective method; (c) where a floor is liable to become wet in the course of any manufacturing pro cess to such extent as is capable of being drained, effective means of drainage (d) all provided and maintained; shall beinside walls and partitions, all ceilings or tops of rooms and all walls , sides and tops of passages and staircases shall - (i) where they are painted o therwise than with washable water-paint or varnished, be repainted or revarnishe (ia) where they are painted of washable water paint, be repainted with at leas d least once in every periodwithfive years; t one coat of such paint at least once in every period of three years and washed (ii)least once in every period of six months; at where they are painted or varnished or where they have smooth impervious su rfaces, be cleaned at least once in every period of fourteen months by such meth (iii) in be other case, od as mayany prescribed; be kept whitewashed or colourwashed, and the whitewashi ng or colourwashing shall be carried out at least once in every period of fourte (dd) all doors and window frames and other wooden or metallic frame work and shu en months; tters shall be kept painted or varnished and the painting or varnishing shall be (e) the datesat least once in every period of five years; are carried out shal carried out on which the processes required by clause (d) (2) entered in of prescribed register. l beIf, in view thethe nature of the operations carried on in a factory or class or description of factories or any part of a factory or class or description of factories, it is not possible for the occupier to comply with all or any of the provisions of sub-section (1), the State Government may by order exempt such fa ctory or class or description of factories or part from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a c 12. state. leanDISPOSAL OF WASTES AND EFFLUENTS. - (1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufactu ring process carried on therein, so as to render them innocuous, and for their d (2) The isposal.State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with 13. VENTILATION AND TEMPERATURE. - by such authority as may beprovision shall be sub-section (1) shall be approved (1) Effective and suitable prescribed. made in every factory for securing and maintaining in every workroom - (a) adeq

(b) ventilation by the circulation of fresh air, and uatesuch a temperature as will secure to workers therein reasonable conditions o f comfort and prevent injury to health; and in particular, - (i) walls and roofs shall be of such material and so designed that such temperature shall not be ex (ii) where the as low as practicable; ceeded but keptnature of the work carried on in the factory involves, or is like ly to involve, the production of excessively high temperatures such adequate mea sures as are practicable shall be taken to protect the workers therefrom, by sep arating the process which produces such temperatures from the workroom, by insul (2) The State Government other effective means. ating the hot parts or bymay prescribe a standard of adequate ventilation and re asonable temperature for any factory or class or description of factories or par ts thereof and direct that [ lra-48 proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, a (3) If it appears to the Chief Inspector s may be prescribed, shall be maintained;that excessively high temperatures in a ny factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under sub-section (2), serve on the occupier, an ord er in writing specifying the measures which, in his opinion, should be adopted, 14. DUST AND them - be In every factory in specified date. and requiringFUME. to(1) carried out before awhich, by reason of the manufacturi ng process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workro om, and if any exhaust appliance is necessary for this purpose, it shall be appl ied as near as possible to the point of origin of the dust, fume or other impuri (2) In such point no stationary internal combustion engine shall be operated un ty, andany factory shall be enclosed so far as possible. less the exhaust is conducted into the open air, and no other internal combustio n engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious t 15. ARTIFICIAL HUMIDIFICATION. o workers employed in the room.- (1) In respect of all factories in which the hu midity of the air is artificially increased, the State Government may make rules (b) regulating the standards of humidification; , - (a) prescribingmethods used for artificially increasing the humidity of the (c) air,directing prescribed tests for determining the humidity of the air to be cor (d) prescribing methods to be adopted for securing adequate ventilation and cool rectly carried out and recorded; (2) In any factory in which the ing of the air in the workrooms.humidity of the air is artificially increased, t he water used for the purpose shall be taken from a public supply, or other sour (3) If it appears to or shall be that the water used before it is so increasin ce of drinking water,an Inspector effectively purifiedin a factory for used. g humidity which is required to be effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and re 16. OVERCROWDING. (1) No room in any factory date. quiring them to be-carried out before specifiedshall be overcrowded to an extent (2) Withoutto the health of the workers employed therein. there shall be in ev injurious prejudice to the generality of sub-section (1), ery workroom of a factory in existence on the date of the commencement of this A ct at least 9.9 cubic metres and of a factory built after the commencement of th is Act at least 14.2 cubic metres or space for every worker employed therein, an d for the purposes of this sub-section no account shall be taken of any space wh (3) If the than Inspector above the writing so floor of there shall ich is moreChief 4.2 metresby order inlevel of therequires, the room. be poste d in each workroom of a factory a notice specifying the maximum number of worker s who may, in compliance with the provisions of this section, be employed in the (4) The Chief Inspector may by order in writing exempt, subject to such conditio room. ns, if any, as he may think fit to impose, any workroom from the provisions of t his section, if he is satisfied that compliance therewith in respect of the room 17. unnecessary inIn every part of the healthwhere workers are workingtherein. is LIGHTING. (1) the interest a factory of the workers employed or passin g there shall be provided and maintained sufficient and suitable lighting, natur (2) In every factory all glazed windows and skylights used for the lighting of t al or artificial, or both. he workroom shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made, under sub-section (3) of s (3) In every factory free from obstruction. ection 13 will allow,effective provision shall, so far as is practicable, be mad e for the prevention of - (a) glare, either directly from a source of light or b (b) the formation of shadows polished extent y reflection from a smooth orto such ansurface;as to cause eye-strain or the ris (4) accident Government may k ofThe State to any worker. prescribe standards of sufficient and suitable ligh ting for factories or for any class or description of factories or for any manuf 18. DRINKING WATER. acturing process. - (1) In every factory effective arrangements shall be made

to provide and maintain at suitable points conveniently situated for all workers (2) All such points sufficient supplymarked "drinking water"water.language under employed therein a shall be legibly of wholesome drinking in a stood by a majority of the workers employed in the factory, and no such point sh all be situated within six metres of any washing place, urinal, latrine, spittoo n, open drain carrying sullage or effluent or any other source of contamination (3) In every factory wherein more than two hundred the Chief Inspector. unless a shorter distance is approved in writing byand fifty workers are ordinar ily employed, provisions shall be made for cooling drinking water during hot wea (4) by effective all factories or any class or description of factories the Sta therIn respect of means and for distribution thereof. te Government may make rules for securing compliance with the provisions of subsections (1), (2) and (3) and for the examination by prescribed authorities of t 19. LATRINES distribution (1) In every factory - (a) sufficient latrine and ur he supply andAND URINALS. -of drinking water in factories. inal accommodation of prescribed types shall be provided conveniently situated a (b) separate to workers at all times while provided for male and female worker nd accessibleenclosed accommodation shall bethey are at the factory; (c) s; such accommodation shall be adequately lighted and ventilated, and no latrin e or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any workroom except through an intervening open space or ventil (d) passage; atedall such accommodation shall be maintained in a clean and sanitary condition (e) all times; at sweepers shall be employed whose primary duty it would be to keep clean latr (2) In every and washing places. ines, urinalsfactory wherein more than two hundred and fifty workers are ordinar ily employed - (a) all latrine and urinal accommodation shall be of prescribed s (b) the floors anitary types; and internal walls, up to a height of ninety centimeters, of the latrines and urinals and the sanitary blocks shall be laid in glazed titles or o (c) without prejudice to the provisions of clauses (d) and (e) of therwise finished to provide a smooth polished impervious surface;sub-section (1 ), the floors, portions of the walls and blocks so laid or finished and the sani tary pans of latrines and urinals shall be thoroughly washed and cleaned at leas t once in every seven days with suitable detergents or disinfectants or with bot h. The State Government may prescribe the number of latrines and urinals to be (3) provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further matters in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed the 20. SPITTOONS. - (1) In every factory there shall be provided a sufficient numbe rein. r of spittoons in convenient places and they shall be maintained in a clean and (2) The condition. hygienicState Government may make rules prescribing the type and the number of s pittoons to be provided and their location in any factory and provide for such f (3) No person relating within maintenance of factory except in condition. urther mattersshall spitto theirthe premises in a clean and hygienicthe spittoon s provided for the purpose and a notice containing this provision and the penalt y for its violation shall be prominently displayed at suitable places in the pre (4) Whoever spits in contravention of sub-section (3) shall be punishable with f mises. 21. FENCING OF MACHINERY. - (1) Safety exceeding ine notProvisions five rupees. In every factory the following, namely, - (i) ev ery moving part of a prime mover and every flywheel connected to a prime mover, (iii) any part of a stock-bar of every water-wheel house or turbine; (ii) the headrace and tailracewhich projects enginethe head not; whether the prime mover or flywheel is in thebeyond and waterstock of a lathe; a (iv) nd unless they are in such position or of such construction as to be safe to e very person employed in the factory as they would be if they were securely fence d, the following, namely - (a) every part of an electric generator, a motor or r (c) (b) every part of part of any other machinery, shall be securely fenced by saf otary converter; transmission machinery; and dangerous eguards of substantial construction which shall be constantly maintained and kep t in position while the parts of machinery they are fencing are in motion or in Provided that for the purpose of determining whether any part of machinery is in use : such position or is of such construction as to be safe as aforesaid, account sh all not be taken of any occasion when - (i) it is necessary to make an examinati on of any part of the machinery aforesaid while it is in motion or, as a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is neces (ii) in the case of any part of a transmission machinery used in such process as sary to be carried out while that part of the machinery is in motion, or may be prescribed (being a process of a continuous nature the carrying on of wh ich shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such p art of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting

operation while the machinery is in motion, and such examination or operation i s made or carried out in accordance with the provisions of sub-section (1) of se (2) The State Government may by rules prescribe such further precautions as it m ction 22. ay consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of 22. WORK ON OR NEAR MACHINERY IN MOTION. - (1) Where in any factory it becomes n this section. ecessary to examine any part of machinery referred to in section 21, while the m achinery is in motion, or, as a result of such examination, to carry out - (a) i n a case referred to in clause (i) of the proviso to sub-section (1) of section (b) in a case referred to in clause (ii) of the 21, lubrication or other adjusting operation; orproviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the mach inery is in motion such examination or operation shall be made or carried out on ly by a specially trained adult male worker wearing tight fitting clothing (whic h shall be supplied by the occupier) whose name has been recorded in the registe r prescribed in this behalf and who has been furnished with a certificate of his appointment, and while he is so engaged, - (a) such worker shall not handle a b elt at a moving pulley unless - (i) the belt is not more than fifteen centimeter (ii) the pulley is normally for the purpose of drive and not merely a fly-wheel s in width; (v) the wheel (in is the joint and flush pulley and any (iv)there is reasonable clearance between pulley the are (iii)the belt, includingeither a belt thethe withrim, belt; good plant or or balancebelt joint which caselaced oris not permissible);infixed repair; stru (vi) secure foothold and, where necessary, secure handhold, are provided for the cture; (vii) any ladder in use for carrying out any examination or operation aforesaid operator; and (b) without prejudice to any other provision by a second person. is securely fixed or lashed or is firmly heldof this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wh eel or pinion, and all spur, worm and other toothed or friction gearing in motio n with which such worker would otherwise be liable to come into contact, shall b (2) No woman or young person shall be allowed to clean, lubricate or adjust any e securely fenced to prevent such contact. part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part o f any machine if the cleaning, lubrication or adjustment thereof would expose th e woman or young person to risk of injury from any moving part either of that ma (3) The of any adjacent may, by notification in the official. Gazette, prohibit chine orState Government machinery. , in any specified factory or class or description of factories, the cleaning, l ubricating or adjusting by any person of specified parts of machinery when those 23. EMPLOYMENTmotion. PERSONS ON DANGEROUS MACHINES. - (1) No young person sha parts are in OF YOUNG ll be required or allowed to work at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and - (a) has received sufficien (b) is under work at supervision or t training inadequate the machine,by a person who has a thorough knowledge and e xperience of the machine. (2) Sub-section (1) shall apply to such machines as ma y be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unle 24. STRIKING GEAR AND DEVICES FOR CUTTING with. ss the foregoing requirements are compliedOFF POWER. - (1) In every factory - (a ) suitable striking gear or other efficient mechanical appliance shall be provid ed and maintained and used to move driving belts to and from fast and loose pull eys which form part of the transmission machinery, such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping b (b) driving belts pulley; ack on to the fastwhen not in use shall not be allowed to rest or ride upon shaf (2) in motion. tingIn every factory suitable devices for cutting off power in emergencies from Provided that in shall of factories in operation before the commencement of th running machineryrespectbe provided and maintained in every work-room: is Act, the provisions of this sub-section shall apply only to work-rooms in whi (3) When a device, which power. ch electricity is used ascan inadvertently shift from "off" to "on" position, is provided in a factory to cut off power, arrangements shall be provided for lock ing the device in safe position to prevent accidental starting of the transmissi 25. SELF-ACTING MACHINES. - No traversing part of self-acting on machinery or other machines to which the deviceais fitted. machine in any f actory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his e mployment or otherwise, be allowed to run on its outward or inward traverse with in a distance of forty-five centimeters from any fixed structure which is not pa Provided machine Chief Inspector may permit the continued use of a machine inst rt of thethat the :

alled before the commencement of this Act which does not comply with the require ments of this section on such conditions for ensuring safety as he may think fit 26. impose.OF NEW MACHINERY. - (1) In all machinery driven by power and installe to CASING d in any factory after the commencement of this Act, - (a) every set screw, bolt or key on any revolving shaft, spindle, wheel pinion shall be so sunk, encased (b) all spur, worm and other toothed or friction gearing or otherwise effectively guarded as to prevent danger; which does not require frequent adjustment while in motion shall be completely encased, unless it is so (2) Whoever sells or lets on hirewouldas agent of a seller or hirer, causes or p situated as to be as safe as it or, be if it were completely encased. rocures to be sold on let or hire, for use in a factory any machinery driven by power which does not comply with the provisions of Sub-section (1) or any rules made under sub-section (3), shall be punishable with imprisonment for a term whi ch may extend to three months or with fine which may extend to five hundred rupe (3) The State Government may make rules specifying further safeguards to be prov es or with both. ided in respect of any other dangerous part of any particular machine or class o 27. PROHIBITION machines. r description ofOF EMPLOYMENT OF WOMEN AND CHILDREN NEAR COTTON-OPENERS. - No wo man or child shall be employed in any part of a factory for pressing cotton in w Provided that if the feed-end of hich a cotton-opener is at work :a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Insp ector may in any particular case specify in writing, women and children may be e 28. HOISTS AND LIFTS. (1) In every factory - (a) every hoist and lift shall be mployed on the side of-the partition where the feed-end is situated. (ii) properly maintained, construction,thoroughly examined adequate strength; - (i) of good mechanical and shall be sound material and by a competent person at least once in every period of six months, and a register shall be kept conta (b) every hoistway and liftway shall be sufficiently protected by an enclosure f ining the prescribed particulars of every such examination; itted with gates, and the hoist or lift and every such enclosure shall be so con structed as to prevent any person or thing from being trapped between any part o (c) the maximum safe working load shall be or moving part; f the hoist or lift and any fixed structureplainly marked on every hoist or lift (d) the load greater hoist or load shall be carried persons , and nocage of every than suchlift used for carrying thereon;shall be fitted wi (e) gate gate referred to which access or clause (a) a landing; th aevery on each side fromin clause (b) is afforded toshall be fitted with inte rlocking or other efficient device to secure that the gate cannot be opened exce pt when the cage is at the landing and that the cage cannot be moved unless the (2) is following gateThe closed. additional requirements shall apply to hoists and lifts used f or carrying persons and installed or reconstructed in a factory after the commen cement of this Act, namely : (a) where the cage is supported by rope or chain, t here shall be at least two ropes or chains separately connected with the cage an d balance weight, and each rope or chain with its attachments shall be capable o (b) efficient whole shall be provided and maintained capable of supporting the f carrying thedevicesweight of the cage together with its maximum load; cage together with its maximum load in the event of breakage of the ropes, chai (c) an efficient automatic device shall be provided and maintained to prevent th ns or attachments; (3) The Chief Inspector may e cage from over-running. permit the continued use of a hoist or lift installe d in a factory before the commencement of this Act which does not fully comply w ith the provisions of sub-section (1) upon such conditions for ensuring safety a (4) may think fit to impose. s heThe State Government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirem ent of sub-sections. (1) and (2), by order direct that such requirement shall no Explanation : For the purposes of this hoist or lift. t apply to such class or description ofsection, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the dire 29. LIFTING MACHINES, CHAINS, ROPES AND by a guide or guides. ction or movement of which is restrictedLIFTING TACKLES. - (1) In any factory th e following provisions shall be complied with in respect of every lifting machin e (other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials :- (a) all parts, in cluding the working gear, whether fixed or movable, of every lifting machine and every chain, rope or lifting tackle shall be - (i) of good construction, sound (iii) thoroughly examined by (ii) properly maintained; anda competent person at least once in every period of material and adequate strength and free from defects; twelve months, or at such intervals as the Chief Inspector may specify in writi ng, and a register shall be kept containing the prescribed particulars of every (b) examination; suchno lifting machine and no chain, rope or lifting tackle shall, except for th e purpose of test, be loaded beyond the safe working load which shall be plainly marked thereon together with an identification mark and duly entered in the pre scribed register, and where this is not practicable, a table showing the safe wo rking loads of every kind and size of lifting machine or, chain, rope or lifting

(c) while any person be displayedor working on positions onwheelpremises; a trav tackle in use shall is employed in prominent or near the the track of elling crane in any place where he would be liable to be struck by the crane, ef fective measures shall be taken to ensure that the crane does not approach withi (2) The State metres lra-66 make rules in respect of any lifting machine or any n [ lra-66 sixGovernment may ] of that place. chain, rope or lifting tackle used in factories - (a) prescribing further requi (b) providing for exemption from compliance with all or in of the requirements rements to be complied with in addition to those set outany this section; of this section, where in its opinion, such compliance is unnecessary or impract (3) For icable. the purposes of this section a lifting machine or a chain, rope or lifti ng tackle shall be deemed to have been thoroughly examined if a visual examinati on supplemented, if necessary, by other means and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order t o arrive at a reliable conclusion as to the safety of the parts examined. Explan ation : In this section, - (a) "lifting machine" means a crane, crab, winch, tea (b) pulley tackle" means any chain, sling, rope sling, hook, shackle, swivel, gle,"liftingblock, gin wheel, transporter or runway; coupling, socket, clamp, tray or similar appliance, whether fixed or movable, us 30. REVOLVING MACHINERY. - (1) In every factory in which the process of grinding ed in connection is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every g rindstone or abrasive wheel, the speed of the shaft or spindle upon which the wh eel is mounted, and the diameter of the pulley upon such shaft or spindle necess (2) The speeds indicated in notices under speed. ary to secure such safe working peripheralsub-section (1) shall not be exceeded. (3) Effective measures shall be taken in every factory to ensure that the safe w orking peripheral speed of every revolving vessel, cage, basket, flywheel, pulle 31. PRESSURE PLANT. - (1) If in any factory, any plant or machinery or any part y, disc or similar appliance driven by power is not exceeded. thereof is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machin (2) The State not exceeded. ery or part isGovernment may make rules providing for the examination and testin g of any plant or machinery such as is referred to in sub-section (1) and prescr ibing such other safety measures in relation thereto as may in its opinion be ne (3) The State factory or class rules, exempt, subject to such conditions as ma cessary in anyGovernment may, byor description of factories. y be specified therein, any part of any plant or machinery referred to in sub-se 32. FLOORS, STAIRS AND MEANS of this section. ction (1) from the provisionsOF ACCESS. - In every factory - (a) all floors, ste ps, stairs, passages and gangways shall be of sound construction and properly ma intained and shall be kept free from obstructions and substances likely to cause persons to slip, and where it is necessary to ensure safety, steps, stairs, pas (b) there shall, so far be provided with substantial be provided sages and gangways shallas is reasonably practicable, handrails; and maintained safe means of access to every place at which any person is at any time required (c) work.any person has to work at a height from where he is likely to fall, pro to when vision shall be made, so far as is reasonably practicable, by fencing or otherwi 33. PITS, SUMPS, safety IN FLOORS, ETC. - (1) In se, to ensure theOPENINGSof the person so working. every factory fixed vessel, s ump, tank, pit or opening in the ground or in a floor which, by reasons of its d epth, situation, construction or contents, is or may be a source of danger, shal (2) either securely covered by order in writing, l beThe State Government may,or securely fenced. exempt, subject to such condi tions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provi 34. EXCESSIVE WEIGHTS. sions of this section. - (1) No person shall be employed in any factory to lift, (2) Theor moveGovernmentso heavy as to be likely to cause him injury. which ma carry State any load may make rules prescribing the maximum weights y be lifted, carried or moved by adult men, adult women, adolescents and childre n employed in factories or in any class or description of factories or in carryi 35. PROTECTION OF EYES. - In ng on any specified process. respect of any such manufacturing process carried o n in any factory as may be prescribed, being a process which involves - (a) risk of injury to the eyes from particles or fragments thrown off in the course of t (b) risk to the he process, or eyes by reason of exposure to excessive light, the State Governm ent may by rules require that effective screens or suitable goggles shall be pro vided for the protection of persons employed on, or in the immediate vicinity of 36. PRECAUTIONS , the process. AGAINST DANGEROUS FUMES, GASES, ETC. - (1) No person shall be re quired or allowed to enter any chamber, tank, vat, pit, pipe, flue or other conf ined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means

(2) No person shall be required or allowed to enter any confined space as is ref of egress. erred to in sub-section (1), until all practicable measures have been taken to r emove any gas, fume, vapour or dust, which may be present so as to bring its lev el within the permissible limits and to prevent any ingress of such gas, fume, v apour or dust and unless - (a) a certificate in writing has been given by a comp etent person, based on a test carried out by himself that the space is reasonabl (b) such person is wearing suitable breathing apparatus and a belt securely atta y free from dangerous gas, fume, vapour or dust; or ched to a rope the free end of which is held by a person outside the confined sp 36A. ace. PRECAUTIONS REGARDING THE USE OF PORTABLE ELECTRIC LIGHT. - In any factory - (a) no portable electric light or any other electric appliance of voltage exce eding twenty-four volts shall be permitted for use inside any chamber, tank, vat , pit, pipe, flue or other confined space unless adequate safety devices are pro (b) if any vided; and inflammable gas, fume or dust is likely to be present in such chamber , tank, vat, pit, pipe, flue or other confined space, no lamp or light other tha 37. EXPLOSIVE OR INFLAMMABLE DUST, GAS, be - (1) Where in any therein. n that of flame-proof construction shallETC.permitted to be usedfactory any manu facturing process produces dust, gas, fume or vapour of such character and to su ch extent as to be likely to explode to ignition, all practicable measures shall be taken to prevent any such explosion by - (a) effective enclosure of the plan (2) machinery prevention enclosure (c) Where in used in the process; machinery such dust, of such as (b) exclusionany factory the plant orof all possible in a processfume or is ref t orremoval oror effectiveof the accumulation ofused sourcesgas,ignition.vapour; erred to in sub-section (1) is not so constructed as to withstand the probable p ressure which such an explosion as aforesaid would produce, all practicable meas ures shall be taken to restrict the spread and effects of the explosion by the p rovisions in the plant or machinery of chokes, baffles, vents or other effective (3) Where any part of the plant or machinery in a factory contains any explosive appliances. or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions , namely :- (a) before the fastening of any joint of any pipe connected with the part of the fastening of the cover of any opening into the part is loosened, an y flow of the gas or vapour into the part of any such pipe shall be effectively (b) before any such fastening as aforesaid is removed, all practicable measures stopped by a stop valve or other means; shall be taken to reduce the pressure of the gas or vapour in the part or pipe t (c) where any such fastening as aforesaid has been loosened or removed effective o atmospheric pressure; measures shall be taken to prevent any explosive or inflammable gas or vapour f rom entering the part of pipe until the fastening has been secured, or, as the c ase may be, securely replaced : Provided that the provisions of this sub-section (4) No not apply inor vessel of plant or machinery installed in the open air. in shall plant, tank the case which contains or has contained any explosive or flammable substance shall be subjected in any factory to any welding, brazing, s oldering or cutting operation which involves the application of heat unless adeq uate measures have first been taken to remove such substance and any fumes arisi ng therefrom or to render such substance and fumes non-explosive or non-inflamma ble, and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any (5) of State Government may by riskThe igniting the substance. rules exempt, subject to such conditions as may be prescribed, any factory or class or description of factories from compliance 38. all or any IN CASE OF FIRE. (1) In every factory, all practicable measure withPRECAUTIONS of the provisions-of this section. s shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain - (a) safe means of escape for all pers ons in the event of a fire, and (b) the necessary equipment and facilities for e (2) Effective measures shall be taken to ensure that in every factory all the wo xtinguishing fire. rkers are familiar with the means of escape in case of fire and have been adequa (3) trained Government may make rules, in respect of any telyThe Statein the routine to be followed in such cases. factory or class or d escription of factories, requiring the measures to be adopted to give effect to (4) Notwithstanding anything contained in clause (a) of sub-section (1) or sub-s the provisions of sub-sections (1) and (2). ection (2), if the Chief Inspector, having regard to the nature of the work carr ied on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provide d in the factory, whether as prescribed or not, for the purposes of clause (a) o f sub-section (1) or sub-section (2), are inadequate, he may, by, order in writi ng, require that such additional measures as he may consider reasonable and nece ssary, be provided in the factory before such date as is specified in the order.

39. POWER TO REQUIRE SPECIFICATIONS OF DEFECTIVE PARTS OR TESTS OF STABILITY. If it appears to the Inspector that any building or part of a building or any pa rt of the ways, machinery or plant in a factory is in such a condition that it m ay be dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing requiring him before a specified dat e - (a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be u (b) to carry out such sed with safety, or test in such manner as may be specified in the order, and 40. SAFETY OF BUILDINGS AND MACHINERY. - (1) If to inform the Inspector of the results thereof. it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety , he may serve on the occupier or manager or both of the factory an order in wri ting specifying the measures which in his opinion should be adopted, and requiri (2) If to be carried out before a that the date. ng themit appears to the Inspector specifieduse of any building or part of a bui lding or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing prohibiting its use until it has been proper 40A. MAINTENANCE OF BUILDINGS. - If it appears to the Inspector that any buildin ly repaired or altered. g or part of a building in a factory is in such a state of disrepair as is likel y to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the 40B. SAFETY OFFICERS. (1) In every factory, - (i) wherein one thousand or more same to be carried out-before such date as is specified in the order. (ii) wherein,ordinarily employed, orState Government, any manufacturing process workers are in the opinion of the or operation is carried on, which process or operation involves any risk of bodi ly injury, poisoning or disease, or any other hazard to health, to the persons e mployed in the factory, the occupier shall, if so required by the State Governme nt by notification in the Official Gazette, employ such number of Safety Officer (2) may be specified in that and conditions s asThe duties, qualificationsnotification. of service of Safety Officers shal 42. such as may be Welfare Provisions prescribed by the factory - (a) adequate and suitable facil l beWASHING FACILITIES. - (1) In everyState Government. ities for washing shall be provided and maintained for the use of the workers th (b) separate and adequately screened facilities shall be provided for the use of erein; (2) The facilities shall be in respect accessible and shall be kept clean. (c) suchState Government may,convenientlyof any factory or class or description male and female workers; of factories or of any manufacturing process, prescribe standards of adequate an 43. FACILITIES FOR STORING AND DRYING CLOTHING. - The State Government may, in r d suitable facilities for washing. espect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn during w 44. FACILITIES FOR SITTING. - (1) wet clothing. orking hours and for the drying ofIn every factory suitable arrangements for sit ting shall be provided and maintained for all workers obliged to work in a stand ing position, in order that they may take advantage of any opportunities for res (2) If, in occur in the the Chief Inspector, t which maythe opinion ofcourse of their work. the workers in any factory engage d in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing , require the occupier of the factory to provide before a specified date such se (3) The State Government be by notification in the Official Gazette, declare ating arrangements as maymay,practicable for all workers so engaged or working.t hat the provisions of sub-section (1) shall not apply to any specified factory o 45. FIRST description of - (1) There to any every factory be provided and mai r class orAID APPLIANCES. factories orshall inspecified manufacturing process. ntained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed at any one time in the factor (2) y. Nothing except the prescribed contents shall be kept in a first-aid box or c (3) Each upboard. first-aid box or cupboard shall be kept in the charge of a separate res ponsible person who holds a certificate in first-aid treatment recognized by Sta te Government and who shall always be readily available during the working hours (4) theevery factory wherein more than five hundred workers are ordinarily emplo of In factory. yed there shall be provided and maintained an ambulance room of the prescribed s ize, containing the prescribed equipment and in the charge of such medical and n ursing staff as may be prescribed and those facilities shall always be made read 46. CANTEENS. - (1) the working hours of the factory. ily available duringThe State Government may make rules requiring that in any sp

ecified factory wherein more than two hundred and, fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier (2) Without prejudice to the generality of the foregoing power, such rules may p for the use of the workers. (b) the standards in respect of construction, accommodation, furniture and other rovide for - (a) the date by which such canteen shall be provided; (c) the foodstuffscanteen; equipment of the to be served therein and the charges which may be made theref (d) or; the constitution of a managing committee for the canteen and representation (dd) the items of expenditure in the running of of the workers in the management of the canteen;the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by (e) the delegation to the Chief Inspector, subject to such conditions as may be the employer; 47. SHELTERS, the ROOMS AND LUNCH ROOMS. - clause (c). prescribed, ofREST power to make rules under(1) In every factory wherein more th an one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking wa ter, where workers can eat meals brought by them, shall be provided and maintain ed for the use of the workers : Provided that any canteen maintained in accordan ce with the provisions of section 46 shall be regarded as part of the requiremen ts of this sub-section : Provided further that where a lunch room exists no work (2) The shelters food in the or room. ers shall eat anyor rest roomsworklunch rooms to be provided under sub-section ( 1) shall be sufficiently lighted and ventilated and shall be maintained in a coo (3) The State Government l and clean condition. may - (a) prescribe the standards in respect of constru ction, accommodation, furniture and other equipment of shelters, rest rooms and (b) by notification in the Official Gazette, exempt any factory or class or desc lunch rooms to be provided under this section; 48. CRECHES. - (1) In every factory wherein more than thirty ription of factories from the requirements of this section. women workers are o rdinarily employed there shall be provided and maintained a suitable room or roo (2) Such rooms shall provide adequate accommodation, of such adequately lighted ms for the use of children under the age of six yearsshall be women. and ventilated, shall be maintained in a clean and sanitary condition and shall (3) under the charge of womenmake rules -the care of children and infants. the s be The State Government may trained in (a) prescribing the location and tandards in respect of construction, accommodation, furniture and other equipmen (b) rooms to the provision in factories to which this section applies of additi t ofrequiring be provided, under this section; onal facilities for the care of children belonging to women workers, including s (c) requiring the provision in for washing and changing their clothing; uitable provision of facilitiesany factory of free milk or refreshment or both f (d) requiring that or such children; facilities shall be given in any factory for the mothers of s 49. WELFARE to feed - (1) the necessary intervals. uch childrenOFFICERS.them atIn every factory wherein five hundred or more worker s are ordinarily employed the occupier shall employ in the factory such number o (2) The State Government be prescribe the f Welfare officers as maymay prescribed. duties, qualifications and Conditions 51. serviceHOURS. - No employed under sub-section (1). Working Hours officersadult workers shall be required or allowed to work in a f of WEEKLY of 52. WEEKLY HOLIDAYS. - (1) No adult worker shall be actory for more than forty-eight hours in any week. required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said d ay), unless - (a) he has or will have a holiday for a whole day on one of the th (b) the immediately before or has, the said said day ree daysmanager of the factory afterbefore theday, and or the substituted day u nder clause (a), whichever is earlier, - (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day an (ii) displayed a notice be substituted, the d of the day which is toto that effect inand factory : Provided that no substit ution shall be made which will result in any worker working for more than ten da (2) Notices given under a holiday (1) whole cancelled by a notice delivered a ys consecutively withoutsub-sectionfor amay be day. t the office of the Inspector and a notice displayed in the factory not later th an the day before the said day or the holiday to be cancelled, whichever is earl (3) ier.Where, in accordance with the provisions of sub-section (1), any worker work s on the said day and has had a holiday on one of the three days immediately bef ore it, that said day shall, for the purpose of calculating his weekly hours of 53. COMPENSATORY in the preceding week. work, be includedHOLIDAYS. - (1) Where, as a result of the passing of an order o r the making of a rule under the provisions of this Act exempting a factory or t he workers therein from the provisions of section 52, a worker is deprived of an y of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory hol (2) The equal number to may prescribe the manner in which the holidays for whic idays ofState Government the holidays so lost. 54. DAILY HOURS. - in sub-section (1) shall of section h provision is madeSubject to the provisions be allowed.51, no adult worker shal l be required or allowed to work in a factory for more than nine hours in any da Provided that, subject to the previous approval of the Chief inspector, the dail y : y maximum hours specified in this section may be exceeded in order to facilitate

55. INTERVALS FOR REST. - (1) The periods of work of adult workers in a factory the change of shifts. each day shall be so fixed that no period shall exceed five hours and that no wo rker shall work for more than five hours before he has had an interval for rest (2) The State Government of at least half an hour.or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, e xempt any factory from the provisions of sub-section (1) so however that the tot 56. SPREADOVER. - worked by worker of an adult worker does not exceed six. al number of hoursThe periodsaof work without an intervalin a factory shall be s o arranged that inclusive of his intervals for rest under section 55, they shall not spreadover more than ten and a half hours in any day : Provided that the Ch ief Inspector may, for reasons to be specified in in writing, increase the sprea 57. NIGHT SHIFTS. Where dover up to twelve-hours. a worker in a factory works on a shift which extends b eyond midnight, - (a) for the purposes of sections 52 and 53, a holiday for a wh ole day shall mean in his case a period of twenty-four consecutive hours beginni (b) the following day for ng when his shift ends; him shall be deemed to be the period of twenty-four ho urs beginning when such shift ends, and the hours he has worked after midnight s 58. be counted OF OVERLAPPING day. hallPROHIBITION in the previousSHIFTS. - (1) Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of (2) The State Government or subject to kind at the same State workers is engaged, in work of the samethe control of thetime. Government, the Chief Inspector, may, by written order and for the reasons specified therein, ex empt on such conditions as may be deemed expedient, any factory or class or desc ription of factories or any department or section of a factory or any category o 59. EXTRA WAGES workers therein from the a worker works in a factory for r description ofFOR OVERTIME. - (1) Where provisions of sub-section (1). more t han nine hours in any day or for more than forty-eight hours in any week, he sha ll, in respect of overtime work, be entitled to wages at the rate of twice his o (2) For the of wages. rdinary ratepurposes of sub-section (1), "ordinary rate of wages" means the basi c wages plus such allowances, including the cash equivalent of the advantage acc ruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus a (3) Where any workers in a nd wages for overtime work.factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnin gs for the days on which they actually worked on the same or identical job durin g the month immediately preceding the calendar month during which the overtime w ork was done, and such time rates shall be deemed to be the ordinary rates of wa Provided that in the case of a worker who has not worked in the immediately prec ges of those workers : eding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earnings of the worker for the day Explanation : For the worked of this sub-section, in computing the earnings s on which he actuallypurposesin the week in which the overtime work was done.fo r the days on which the worker actually worked such allowances, including the ca sh equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relati on to the period with reference to which the earnings are being computed shall b (4) The cash e excluded. equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may b e prescribed on the basis of the maximum quantity of foodgrains and other articl Explanation 1 : a standard family. es admissible toStandard family means a family consisting of the worker, his or her spouse and two children below the age of fourteen years requiring in all thr Explanation 2 : Adult consumption unit means the consumption unit of a male abov ee adult consumption units. e the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be c alculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit .5) The State Government may make rules prescribing - (a) the manner in which th ( e cash equivalent of the advantage accruing through the concessional sale to a w (b) the foodgrains and other articles shall a factory for the orker ofregisters that shall be maintained inbe computed; and purpose of secur 60. RESTRICTION ON the provisions of - No adult worker shall be required or all ing compliance withDOUBLE EMPLOYMENT. this section owed to work in any factory on any day on which he has already been working in a 62. REGISTER OF ADULT in such - (1) The manager of every factory ny other factory, saveWORKERS. circumstances as may be prescribed.shall maintain a register of adult workers, to be available to the Inspector at all times duri ng working hours, or when any work is being carried on in the factory, showing Provided that if any, in on (e) the other of his work; worker in the factory; (d) suchgroup,if the adultasshifts, opinion that (c) wherename group works whichis of prescribed : any muster allotted; and (b) the natureof eachInspectormay be the relay to which he isroll or register ma (a) his particulars he is included;

intained as a part of the routine of a factory gives in respect of any or all th e workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresp onding extent be maintained in place of, and be treated as, the register of adul (1A) No adult worker shall t workers in that factory. be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult worker (2) s. The State Government may prescribe the form of the register of adult workers , the manner in which it shall be maintained and the period for which it shall b 71. WORKING e preserved.HOURS FOR CHILDREN. - (1) No child shall be employed or permitted to (b) duringany factory - (a) for moreFor the purposes half hours in any day; work, in the night. Explanation : than four and a of this sub-section "night" shall mean a period of at least twelve consecutive hours which shall include th (2) The period of 10 of and 6 A.M. e interval betweenworkP.M.all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; an d each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more (3) The provisions of in a periodshall applydays. to child workers and no exempt frequently than once section 52 of thirty also (4) No child shall be required section may work in any respect of any child. ion from the provisions of thator allowed tobe granted infactory on any day on w (5) he has already shall be required or allowed to hichNo female child been working in another factory.work in any factory except b 73. REGISTER and 7 P.M. etween 8 A.M.OF CHILD WORKERS. - (1) The manager of every factory in which child ren are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carrie (1A) (e) (d) No group, of any,work,be requiredincluded, to work section 69. (c) in natureworkerworks - shifts, fitness granted under is in the factory, (b) where his groupshowingin (a) the the of each which hein any factory unless d onthe a factory,hisshallwhich heof namerelay to child workerallotted, and child number if certificate is or allowed in his name and other particulars have been entered in the register of child worker (2) s. The State Government may prescribe the form of the register of child workers , the manner in which it shall be maintained and the period for which it shall b 79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 2 e preserved. 40 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at th e rate of - (i) if an adult, one day for every twenty days of work performed by (ii) if a the previous for every fifteen days of work formed by him during the him duringchild, one daycalendar year; Explanation 1 : Foryear.purpose of this sub-section - (a) any days of lay off, b previous calendar the (b) in the or of a female worker, maternity leave for any orders; y agreementcasecontract or as permissible under the standingnumber of days not e (c) the twelve weeks; the xceedingleave earned inand year prior to that in which the leave is enjoyed; sh all be deemed to be days on which the worker has worked in a factory for the pur pose of computation of the period of 240 days or more, but he shall not earn lea Explanation : The ve for these2days. leave admissible under this sub-section shall be exclusive o (2) A worker whose service commences otherwise than end of the day of January f all holidays whether occurring during or at eitheron the firstperiod of leave. shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds (3) theatotal number of days in the remainder ofservice or quits his employment of If worker is discharged or dismissed from the calender year. or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the en tire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second wo (ii) day the worker is superannuated or dismissal in service, and rkingwherefrom the date of such discharge,dies while or quitting,before the expi (4) In calculating leave date this section, fraction of leave ry of two months from theunder of such superannuation or death.of half a day or more shall be treated as one full day's leave, and fraction of less than half a (5) If a be omitted. day shallworker does not in any one calendar year take the whole of the leave al lowed to him under sub-section (1) or sub-section (2), as the case may be, any l eave not taken by him shall be added to the leave to be allowed to him in the su Provided that the total cceeding calendar year :number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the Provided a child : case of further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections ( 8) and (9) or in contravention of sub-section (10) shall be entitled to carry fo (6) A worker may at any time apply limit. rward the leave refused without anyin writing to the manager of a factory not le

ss than fifteen days before the date on which he wishes his leave to begin, to t ake all the leave or any portion thereof allowable to him during the calendar ye Provided that the application shall be made not less than thirty days before the ar : date on which the worker wishes his leave to begin, if he is employed in a publ ic utility service as defined in clause (n) of section 2 of the Industrial Dispu Provided further of the : tes Act, 1947 (14that1947)number of times in which leave may be taken during any (7) Ifshall not exceedto avail himself of the leave with wages due to him to cov year a worker wants three. er a period of illness, he shall be granted such leave even if the application f or leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from (8) For the purpose of ensuring the continuity of work, the occupier or manager the date of the application for leave. of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committe e or a similar Committee in the factory, in agreement with the representatives o f the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this se (9) A scheme lodged under ction may be regulated. sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twel ve months from the date on which it comes into force, and may thereafter be rene wed with or without modification for a further period of twelve months at a time , by the manager in agreement with the Works Committee or a similar Committee, o r as the case may be, in agreement with the representatives of the workers as sp ecified in sub-section (8), and a notice of renewal shall be sent to the Chief I (10) An before it for leave nspectorapplicationis renewed.which does not contravene the provisions of sub-se ction (6) shall not be refused, unless refusal is in accordance with the scheme (11) If the being in of a worker who is entitled to and under for the timeemploymentoperation under sub-sections (8)leave(9). sub-section (1 ) or sub-section (2), as the case may be, is terminated by the occupier before h e has taken the entire leave to which he is entitled, or if having applied for a nd having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payab le under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker (12) The his employment, on worker shall not pay day. who quitsunavailed leave of aor before the nextbe taken into consideration in co mputing the period of any notice required to be given before discharge or dismis 80. sal.WAGES DURING LEAVE PERIOD. - (1) For the leave allowed to him under section 78 or section 79, as the case may be a worker shall be entitled to wages at a ra te equal to the daily average of his total full time earnings for the days on wh ich he actually worked during the month immediately preceding his leave, exclusi ve of any overtime and bonus but inclusive of dearness allowance and the cash eq uivalent of the advantage accruing through the concessional sale to the worker o Provided that in the case of a : f foodgrains and other articlesworker who has not worked on any day during the c alendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he ac tually worked during the last calendar month preceding his leave, in which he ac tually worked, exclusive of any overtime and bonus but inclusive of dearness all owance and the cash equivalent of the advantage accruing through the concessiona (2) The cash workers of foodgrains and accruing through l sale to theequivalent of the advantageother articles. the concessional sale to the worker of foodgrains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of foodgrains and other art Explanation 1 : to a standard family. icles admissible"Standard family" means a family consisting of a worker, his or her spouse and two children below the age of fourteen years requiring in all thr Explanation 2 : Adult consumption unit means the consumption unit of a male abov ee adult consumption units. e the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be c alculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit .3) The State Government may make rules prescribing - (a) the manner in which th ( e cash equivalent of the advantage accruing through the concessional sale to a w

(b) the foodgrains and other articles shall a factory for the orker ofregisters that shall be maintained inbe computed; and purpose of secur 3] compliance with Act, 1965.(2) of this section. ingPayment of Bonus the provisionsIt extends to the whole of India 2[***].(3) Save a s otherwise provided in this Act, it shall apply to,-(a) every factory; and(b) every other establishment in which twenty or more persons are employed on any day dur ing an accounting year.3[PROVIDED that the appropriate government may, after givin g not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act with effect from such ac counting year as may be specified in the notification, to any establishment or c lass of establishments [including an establishment being a factory within the me aning of sub-clause (ii) of clause (m) of section 2 of the Factories Act, 1948 ( 63 of 1948)] employing such number of persons less than twenty as may be specifi ed in the notification; so, however, that the number of persons so specified sha ll in no case be less than ten.](4) Save as otherwise provided in this Act, the pr ovisions of this Act shall, in relation to a factory or other establishment to w hich this Act applies, have effect in respect of the accounting year commencing on any day in the year 1964 and in respect of every subsequent accounting year:4[P ROVIDED that in relation to the State of Jammu and Kashmir, the reference to the accounting year commencing on any day in the year 1964, and every subsequent ac counting year shall be construed as reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year:]3[PROVIDED FURTH ER that when the provisions of this Act have been made applicable to any establi shment or class of establishments by the issue of a notification under the provi so to sub-section (3), the reference to the accounting year commencing on any da y in the year 1964 and every subsequent accounting year or, as the case may be, the reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year, shall, in relation to such establishment or cl ass of establishments, be construed as a reference to the accounting year specif ied in such notification and every subsequent accounting year.](5) An establishmen t to which this Act applies 5[***] shall continue to be governed by this Act not withstanding that the number of persons employed therein falls below twenty 3[or , as the case may be, the number specified in the notification issued under the proviso to sub-section (3)].2. DefinitionsIn this Act, unless the context otherwise requires,(7) "award" means an interim or a final determination of any industrial d ispute or of any question relating thereto by any Labour Court, Industrial Tribu nal or National Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947), or by any other authority constituted under any corresponding law rel ating to investigation and settlement of industrial disputes in force in a State and includes an arbitration award made under section 10A of that Act or under t hat law;(8) "banking company" means a banking company as defined in section 5 of t he Banking Companies Act, 1949 (10 of 1949), and includes the State Bank of Indi a, any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), 3[any corresponding new bank specified in the First Sche dule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 19 70 (5 of 1970)], 6[any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1 980)], any co-operative bank as defined in clause (bii) of section 2 of the Rese rve Bank of India Act, 1934 (2 of 1934) and any other banking institution which may be notified in this behalf by the Central Government;(9) "company" means any c ompany as defined in section 3 of the Companies Act, 1956 (1 of 1956) and includ es a foreign company within the meaning of section 591 of that Act;(10) "co-operat ive society " means a society registered or deemed to be registered under the Co -operative Societies Act, 1912 (2 of 1912), or any other law for time being in f orce in any State relating to co-operative societies;(13) "employee" means any per son (other than an apprentice) employed on a salary or wage not exceeding 7[thre e thousand and five hundred rupees] per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or cler ical work for hire or reward, whether the terms of employment be express or impl ied;(17) "factory" shall have the same meaning as in clause (m) of section 2 of th e Factories Act, 1948 (63 of 1948);(21) "salary or wages " means all remuneration (other than remuneration in respect of over-time work) capable of being expresse

d in terms of money, which would, if the terms of employment, express or implied , were fulfilled, be payable to an employee in respect of his employment or of w ork done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a ris e in the cost of living), but does not include,-(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodati on or of supply of light, water, medical attendance or other amenity or of any s ervice or of any concessional supply of foodgrains or other articles;(iii) any tra velling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for the time be ing in force;(vi) any retrenchment compensation or any gratuity or other retiremen t benefit payable to the employee or any ex gratia payment made to him;(vii) any c ommission payable to the employee.Explanation: Where an employee is given in lieu of the whole or part of the salary or wages payable to him, free food allowance or free food by his employer, such food allowance or the value of such food shal l, for the purpose of this clause, be deemed to form part of the salary or wages of such employee;3. Establishments to include departments, undertakings and branc hesWhere an establishment consists of different departments or undertakings or ha s branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same es tablishment for the purpose of computation of bonus under this Act:PROVIDED that w here for any accounting year a separate balance-sheet and profit and loss accoun t are prepared and maintained in respect of any such department or undertaking o r branch, then, such department or undertaking or branch shall be treated as a s eparate establishment for the purpose of computation of bonus, under this Act fo r that year, unless such department or undertaking or branch was, immediately be fore the commencement of that accounting year treated as part of the establishme nt for the purpose of computation of bonus. be entitled to be paid by his employe 8. Eligibility for bonusEvery employee shall r in an accounting year, bonus, in accordance with the provisions of this Act, p rovided he has worked in the establishment for not less than thirty working days in that year.9. Disqualification for bonusNotwithstanding anything contained in th is Act, an employee shall be disqualified from receiving bonus under this Act, i f he is dismissed from service for,-(a) fraud; or(b) riotous or violent behaviour wh ile on the premises of the establishment; or(c) theft, misappropriation or sabotag e of any property of the establishment.10[10. Payment of minimum bonusSubject to th e other provisions of this Act, every employer shall be bound to pay to every em ployee in respect of the accounting year commencing on any day in the year 1979 and in respect of every subsequent accounting year, a minimum bonus which shall be 8.33 per cent of the salary or wages earned by the employee during the accoun ting year or one hundred rupees, whichever is higher, whether or not the employe r has any allocable surplus in the accounting year:PROVIDED that where an employee has not completed fifteen years of age at the beginning of the accounting year, the provisions of this section shall have effect in relation to such employee a s if for the words "one hundred rupees" the words "sixty rupees" were substitute d.]11. Payment of maximum bonus(1) Where in respect of any accounting year referred to in section 10, the allocable surplus exceeds the amount of minimum bonus pay able to the employees under that section, the employer shall, in lieu of such mi nimum bonus, be bound to pay to every employee in respect of that accounting yea r bonus which shall be an amount in proportion to the salary or wages earned by the employee during the accounting year subject to a maximum of twenty per cent of such salary or wage.(2) In computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 15 shall 4] WORKMEN'S COMPENSATION accordance with the provisionsbe calledsection. 1. Short title accountand ACT, 1923 be taken into extend in commencement (1) This Act may of that the Workmen's 2. (3) It extends In into Act on the first anything repugnant (2)Definitions to the forceof India. Compensation Act 1923.wholeunless there isday of July 1924. in the subject or shall come this (b) "Commissioner" w.e.f. Commissioner [Clause (a) context - omittedmeans a 1-6-1959.] for Workmen's Compensation appointed und (d) "dependent" (c) "compensation" means of the following relatives by deceased er section 20; means anycompensation as provided forof athis Act; workman namel (i) y :-a widow a minor legitimate or adopted son an unmarried legitimate or adopted (ii) if wholly widowed mother; and daughter or a dependant on the earnings of the workman at the time of his death (iii) if wholly or inwho has attainedon the earningsyears and who isat the time a son or a daughter part dependant the age of 18 of the workman infirm;

(c) (b) minor (a) a parentillegitimate widowed mother of hiswidowerother than ason an unmarried illegitimate daughter or a daughter le deathgitimate or illegitimate or adopted if married and a minor or if widowed and min or a minor brother or an unmarried sister or a widowed sister if a minor (e) a (d) (g) (f) a minor child of a widowed daughter-in-lawpre-deceased son daughter where no parent of the child is ali Explanation : grandparent if of sub-clause (ii) and items (f) and (h) a ve or paternalFor the purpose no parent of the workman is alive; (g) of sub-cl ause (iii) references to a son daughter or child include an adopted son daughter (e) child respectively. any body of persons whether incorporated or not and any or "employer" includes managing agent of an employer and the legal representative of a deceased employe r and when the services of a workman are temporarily lent or let on hire to anot her person by the person with whom the workman has entered into a contract of se rvice or apprenticeship means such other person while the workman is working for (f) "managing agent" means any person appointed or acting as the representative him; of another person for the purpose of carrying on such other person's trade or bu (g) "minor" disablement" means where the disablement is (ff)"partial means person who has not attained subordinate temporary nature siness but does notainclude an individual managerthe age of 18to an employer; s a years; uch disablement as reduces the earning capacity of a workman in any employment i n which he was engaged at the time of the accident resulting in the disablement and where the disablement is of a permanent nature such disablement as reduces h is earning capacity in every employment which he was capable of undertaking at t Provided that every injury specified in Part II of Schedule shall be deemed to r hat time : (i) "qualified medical practitioner" means any under registered (h) "prescribed" means prescribed by rules madeperson this Act; under any Centr esult in permanent partial disablement; al Act or an Act of the Legislature of a State providing for the maintenance of a register of medical practitioners or in any area where no such last-mentioned Act is in force any person declared by the State Government by notification in t he Official Gazette to be a qualified medical practitioner for the purpose of th (k) "seaman" means by person forming [Clause is Act; (j) omittedany Act 15 of 1933]part of the crew of any ship but does not (l) "total master of the ship; include thedisablement" means such disablement whether of a temporary or permane nt nature as incapacitates a workman for all work which he was capable of perfor Provided that permanent total disablement in such deemed to result from every i ming at the time of the accident resultingshall be disablement : njury specified in Part I of Schedule I or from any combination of injuries spec ified in Part II thereof where the aggregate percentage of the loss of earning c apacity as specified in the said Part II against those injuries amount to one hu (m) "wages" includes any ndred per cent or more; privilege or benefit which is capable of being estimate d in money other than a travelling allowance or the value of any travelling conc ession or a contribution paid by the employer of a workman towards any pension o r provident fund or a sum paid to a workman to cover any special expenses entail (n) "workman" means any person (other than ed on him by the nature of his employment; a person whose employment is of a cas ual nature and who is employed otherwise than for the purposes of the employer's (i) a railway servant asis trade or business) who defined in Section 3 of the Indian Railways Act 1890 (9 of 1890) not permanently employed in any administrative district or sub-divisio nal office of a railway and not employed in any such capacity as is specified in (c) person or other or other helper mechanic cleaner (b) a captainrecruited as driver the crew the aircraft or in (ia)(a) a II or seamanmember of member ofof ancrew of a ship. any other capacit Schedule master (d) person recruited for work abroad y inaconnection with a motor vehicle by a company and who is employed outside India in any such capacity as is specified in Schedule II and the ship aircraft (ii) employed in any such capacity as is specified in Schedule India or; or motor vehicle or company as the case may be is registered inII whether the co ntract of employment was made before or after the passing of this Act and whethe r the contract is expressed or implied oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to a workman who has been injured shall where the workman is (2) includes a and performance of the powers and duties of deadThe exercisereference to his dependants or any of them. a local authority o r of any department acting on behalf of the Government shall for the purposes of this Act unless a contrary intention appears be deemed to be the trade or busin (3) The Central Government or the State Government after giving by notification ess of such authority or department. in the Official Gazette not less than three months' notice of its intention so t o do may by a like notification add to Schedule II any class of persons employed in any occupation which it is satisfied is a hazardous occupation and the provi sions of this Act shall thereupon apply in case of notification by the Central G overnment within the territories to which the Act extends or in the case of a no Provided that in making addition the Central Government or the State Government tification by a State Government within the State to such classes of persons : as the case may be may direct that the provisions of this Act shall apply to suc (1) If II. liability respect to 3. Employer'spersons CHAPTERpersonal injuryCOMPENSATION a workman by accident arising out of and in h classes ofWORKMEN'Sinis causedof specified injuries only. for compensation

the course of his employment his employer shall be liable to pay compensation in (a) in respect of employer shall not be so liable Provided that thethe provisions of this Chapter : -in the total or partial disab accordance with any injury which does not result (b) in respect of any injury not resulting in death or permanent total disableme lement of the workman for a period exceeding three days; the workman an accident which time thereof under the influence of drink or drug nt caused byhaving been at the is directly attributable to s or the wilful disobedience of the workman to an order expressly given or to a rule expressly framed for the purpose of securing the safety of workmen or the w ilful removal or disregard by the workman of any safety guard or other device he knew to have been provided for the purpose of securing the safety of workman. ( 2) If a workman employed in any employment specified in Part A of Schedule III c ontracts any disease specified therein as an occupational disease peculiar to th at employment or if a workman whilst in the service of an employer in whose serv ice he has been employed for a continuous period of not less than six months (wh ich period shall not include a period of service under any other employer in the same kind of employment) in any employment specified in Part B of Schedule III contracts any disease specified therein as an occupational disease peculiar to t hat employment or if a workman whilst in the service of one or more employers in any employment specified in Part C of Schedule III for such continuous period a s the Central Government may specify in respect of each such employment contract s any disease specified therein as an occupational disease peculiar to that empl oyment the contracting of the disease shall be deemed to be as injury by acciden t within the meaning of this section and unless the contrary is proved the accid that a workman whilst have Provided be if it proved - service of one or more course of the employment : ent shallthatdeemed toin thearisen out of and in theemployers in any employment specified in Part C of Schedule III has contracted a disease specified therein a s an occupational disease peculiar to that employment during a continuous period which is less than the period specified under this sub-section for that employm ent; and that the disease has arisen out of and in the course of the employment the contracting of such disease shall be deemed to be an injury by accident with in the meaning of this section : Provided further that if it is proved that a wo rkman who having served under any employer in any employment specified in Part B of Schedule III or who having served under one or more employers in any employm ent specified in Part C of that Schedule for a continuous period specified under this sub-section for that employment and he has after the cessation of such ser vice contracted any disease specified in the said Part B or the said Part C as t he case may be as an occupational disease peculiar to the employment and that su ch disease arose out of the employment the contracting of the disease shall be d (2A) to workman by accident within the meaning of this Part C of eemedIf abe injuryemployed in any employment specified in section. Schedule III contracts any occupational disease peculiar to that employment the contracting whereof is deemed to be an injury by accident within the meaning of this section and such employment was under more than one employer all such employers shall b e liable for the payment of the compensation in such proportion as the Commissio (3) The Central Government or the State ner may in the circumstances deem just. Government after giving by notification in the Official Gazette not less than three months' notice of its intention so t o do may by a like notification add any description of employment to the employm ents specified in Schedule III and shall specify in the case of employments so a dded the diseases which shall be deemed for the purposes of this section to be o ccupational diseases peculiar to those employments respectively and thereupon th e provisions of sub-section (2) shall apply in the case of a notification by the Central Government within the territories to which this Act extends or in case of and notification by the State Government within the State as if such diseases had been declared by this Act to be occupational diseases peculiar to those emp Save as provided by sub-sections (2), (2A) and (3) no compensation shall be paya loyments. ble to a workman in respect of any disease unless the disease is directly attrib utable to a specific injury by accident arising out of and in the course of his employment. Nothing herein contained shall be deemed to confer any right to comp ensation on a workman in respect of any injury if he has instituted in a civil c ourt a suit for damages in respect of the injury against the employer or any oth er person; and no suit for damages shall be maintainable by a workman in any cou rt of law in respect of any injury - (a) if he has instituted a claim to compens (b) if an agreement has been come to a Commissioner; or ation in respect of the injury beforebetween the workman and his employer provid ing for the payment of compensation in respect of the injury in accordance with

(1) Subject compensation 4. provisions the provisions theAmount ofto of this Act. of this Act the amount of compensation shall be as where death results from the injury an amount equal to fifty per cent of the mon follows namely :thly wages of the deceased workman multiplied by the relevant factor; or an amou nt of fifty thousand rupees whichever is more; where permanent total disablement results from the injury an amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor; or an amount of sixty thousand rupees whichever is more. Explanation I : For the purpose of clause (a) and clause (b) relevant factor in relation to a workman means the factor specif ied in the second column of Schedule IV against the entry in the fits column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his birthday immediately preceding the date Explanation compensation monthly on which theII : Where thefell due;wages of a workman exceed two thousand rupees his monthly wages for the purposes of clause (a) and clause (b) shall be deemed in be casethousand partial disablement results Schedule I such (c)the twopermanent rupees only; in Part II offrom the injury percentage of t to where of an injury specified he compensation which would have been payable in the case of permanent total dis ablement as is specified therein as being the percentage of the lass of earning capacity caused by that injury; and in the case of an injury specified in Schedu le I such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury; Explanatio n I : Where more injuries than one are caused by the same accident the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disabl Explanation II : In assessing the loss ement had resulted from the injuries. of earning capacity for the purpose of su b-clause (ii) the qualified medical practitioner shall have due regard to the pe rcentages of loss of earning capacity in relation to different injuries specifie (d) Schedule I; d inwhere temporary disablement whether total or partial results from the injury a half monthly payment of the sum equivalent to twentyfive per cent of monthly wages of the workman to be paid in accordance with the provisions of sub-section (1A) Notwithstanding anything contained in sub-section (1) while fixing the amou (2). nt of compensation payable to a workman in respect of an accident occurred outsi de India the Commissioner shall take into account the amount of compensation if any awarded to such workman in accordance with the law of the country in which t he accident occurred and shall reduce the amount fixed by the amount of compensa (2) awarded to the payment referred to with the (d) tionThe half-monthlyworkman in accordancein clause law of that country. shall sub-section (1) from the date of sixteenth where be payable on thedisablementday - such disablement lasts for a period of twenty -eight days or more or after the expiry of a waiting period of three days from t he date of disablement where such disablement lasts for a period of less than tw enty-eight days; and thereafter half-monthly during the disablement or during a there of five deducted from any lump sum or half Provided that periodshall be years whichever period is shorter :monthly payments to which the workman is entitled the amount of any payment or allowance which the workman has received from the employer by way of compensation during the period of disablem ent prior to the receipt of such lump sum or of the first half monthly payment a s the case may be; and no half monthly payment shall in any case exceed the amou nt if any by which half the amount of the monthly wages of the workman before th e accident exceeds half the amount of such wages which he is earning after the a ccident. Explanation : Any payment or allowance which the workmen has received f rom the employer towards his medical treatment shall not be deemed to be a payme nt or allowance received by him by way of compensation within the meaning of cla On (a) of the of the disablement before the date on which any half monthly paym usethe ceasing proviso. ent falls due there shall be payable in respect of that half monthly a sum propo rtionate to the duration of the disablement in that half month. If the injury of the workman results in his death the employer shall in addition to the compensa tion under sub-section (1) deposit with the Commissioner a sum of one thousand r upees for payment of the same of the eldest surviving dependant of the workman t owards the expenditure of the funeral of such workman or where the workman did n ot have a dependant or was not living with his dependant at the time of his deat h to the person who actually incurred such expenditure. 4A. Compensation to be p aid when due and penalty for default Compensation under section 4 shall be paid as soon as it falls due. (2) In cases where the employer does not accept the lia

bility for compensation to the extent claimed he shall be bound to make provisio nal payment based on the extent of liability which he accepts and such payment s hall be deposited with the Commissioner or made to the workman as the case may b direct that the employer shall in addition to the make of the arrears pay e without prejudice to the right of the workman toamountany further claim. simp le interest thereon at the rate of twelve per cent annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be s pecified by the Central Government by notification in the Official Gazette on th e amount due; and if in his opinion there is no jurisdiction for the delay direc t that the employer shall in addition to the amount of the arrears and interest thereon pay a further sum not exceeding fifty per cent of such amount by way of penalty : Provided that an order for the payment of penalty shall not be passed under clause (b) without giving a reasonable opportunity to the employer to shoe Explanationit should not be passed. cause why : For the purposes of this sub-section "scheduled bank" means a bank for the time being included in the Second Schedule to the Reserve Bank of India (3A) 1934interest payable under sub-section (3) shall be paid to the workman or Act The (2 of 1934 his dependant as the case may be and the penalty shall be credited to the State Method of calculating wages In this Act and for the purpose thereof the expressi Government. on "monthly wages" means the amount of wages deemed to be payable for a months' service (whether the wages are payable by the month or by whatever other period where the workman and calculated as follows namely not or at piece rates)has during a continuous period of :- less than twelve months immediately preceding the accident been in the service of the employer who is li able to pay compensation the monthly wages of the workman shall be one-twelfth o f the total wages which have fallen due for payment to him by the employer in th e last twelve months of that period; where the whole of the continuous period of service immediately preceding the accident during which the workman was in the service of the employer who is liable to pay the compensation was less than one month the monthly wages of the workman shall be the average monthly amount which during the twelve months immediately preceding the accident was being earned by a workman employed on the same work by the same employer or if there was no wor kman so employed by a workman employed on similar work in the same locality; in other cases including cases in which it is not possible for want of necessary in formation to calculate the monthly wages under clause (b) the monthly wages shal l be thirty times the total wages earned in respect of the last continuous perio d of service immediately preceding the accident from the employer who is liable Explanation : A period of service number of days comprising such period. to pay compensation divided by theshall for the purposes of this section be deem ed to be continuous which has not been interrupted by a period of absence from w 6. exceeding half-monthly payment payable under this Act either under an agreem orkReview Any fourteen days. ent between the parties or under the order of a Commissioner may be reviewed by the Commissioner on the application either of the employer or of the workman acc ompanied by the certificate of a qualified medical practitioner that there has b een a change in the condition of the workman or subject to rules made under this Act on application made without such certificate. (2) Any half-monthly payment may on review under this section subject to the provisions of this Act be contin ued increased decreased or ended or if the accident is found to have resulted in permanent disablement be converted to the lump sum to which the workman is enti tled less any amount which he has already received by way of half-monthly paymen 7. ts.Commutation of half-monthly payments Any right to receive half-monthly paymen ts may by agreement between the parties or if the parties cannot agree and the p ayments have been continued for not less than six months on the application of e ither party to the Commissioner be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the Commissioner as 8. case may be. theDistribution of compensation (1) No payment of compensation in respect of a w orkman whose injury has resulted in death and no payment of a lump sum as compen sation to a woman or a person under a legal disability shall be made otherwise t han by deposit with the Commissioner and no such payment directly by an employer Provided that in to be a payment of compensationan employer may make to any depe shall be deemed the case of a deceased workman : ndant advances on account of compensation of an amount equal to three months' wa ges of such workman and so much of such amount as does not exceed the compensati on payable to that dependant shall be deducted by the Commissioner from such com Any other sum amounting to employer. pensation and repaid to thenot less than ten rupees which is payable as compensa

tion may be deposited with the Commissioner on behalf of the person entitled the reto. The receipt of the Commissioner shall be a sufficient discharge in respect of any compensation deposited with him. On the deposit of any money under sub-s ection (1) as compensation in respect of a deceased workman the Commissioner sha ll if he thinks necessary cause notice to be published or to be served on each d ependant in such manner as he thinks fit calling upon the dependants to appear b efore him on such dates as he may fix for determining the distribution of the co mpensation. If the Commissioner is satisfied after any inquiry which he may deem necessary that no dependant exists he shall repay the balance of the money to t he employer by whom it was paid. The Commissioner shall on application by the em ployer furnish a statement showing in detail all disbursements made. Compensatio n deposited in respect of a deceased workman shall subject to any deduction made under sub-section (4) be apportioned among the dependants of the deceased workm an or any of them in such proportion as the Commissioner thinks fit or may in th e desecration of the Commissioner be allotted to any one dependant. Where any co mpensation deposited with the Commissioner is payable to any person the Commissi oner shall if the person to whom the compensation is payable is not a woman or a person under a legal disability and may in other cases pay the money to the per son entitled thereto. Where any lump sum deposited with the Commissioner is paya ble to a woman or a person under a legal disability such sum may be invested app lied or otherwise dealt with for the benefit of the woman or of such person duri ng his disability in such manner as the Commissioner may direct; and where a hal f-monthly payment is payable to any person under a legal disability the Commissi oner may of his own motion or on an application made to him in this behalf order that the payment be made during the disability to any dependant of the workman or to any other person whom the Commissioner thinks best fitted to provide for t he welfare of the workman. Where on application made to him in this behalf or ot herwise the Commissioner is satisfied that on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant of for any other sufficient cause an order of the Commissioner as to t he distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested applied or otherwise dealt with ought to be varied the Commissioner may make such order for the variation o Provided that no such order prejudicial to circumstances of the case : f the former order as he thinks just in theany person shall be made unless such person has been given an opportunity of showing cause why the order should not b e made or shall be made in and case in which it would involve the repayment by a (9) Where the any sum already paidany him. under sub-section (8) by reason of t dependant of Commissioner varies to order he fact that payment of compensation to any person has been obtained by fraud im personation or other improper means any amount so paid to or on behalf of such p 9. Compensation not to be assigned attached or charged Save section 31. erson may be recovered in the manner hereinafter provided inas provided by this Ac t no lump sum or half-monthly payment payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the workman by operation of law nor shall any claim be set off 10. Notice and claim (1) No claim for compensation shall be entertained by a Com against the same. missioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the clai m is preferred before him within two years of the occurrence of the accident or Provided that where the accident from contracting of a disease in respect of w in case of death within two yearsis thethe date of death : hich the provisions of sub-section (2) of section 3 are applicable the accident shall be deemed to have occurred on the first of the days during which the workm an was continuously absent from work in consequence of the disablement caused by Provided further that in case of partial disablement due to the contracting of a the disease : ny such disease and which does not force the workman to absent himself from work the period of two years shall be counted from the day the workman gives notice Provided further that if workman who of the disablement to hisaemployer : having been employed in an employment for a continuous period specified under sub-section (2) of section 3 in respect of that employment ceases to be so employed and develops symptoms of an occupationa l disease peculiar to that employment within two years of the cessation of emplo yment the accident shall be deemed to have occurred on the day on which the symp Provided first that the toms werefurtherdetected :want of or any defect or irregularity in a notice shal

(a) if the claim the entertainment of a of the l not be a bar tois preferred in respect claim -death of a workman resulting fro m an accident which occurred on the premises of the employer or at any place whe re the workman at the time of the accident was working under the control of the employer or of any person employed by him and the workman died on such premises or at such place or on any premises belonging to the employer or died without ha (b) left employer or any one of several employers or any person occurred or vingif thethe vicinity of the premises or place where the accidentresponsible to the employer for the management of any branch of the trade or business in which the injured workman was employed had knowledge of the accident from any other s Provided further the the when it occurred : ource at or aboutthat timeCommissioner may entertain and decide any claim to com pensation in any case notwithstanding that the notice has not been given or the claim has not been preferred in due time as provided in this sub-section if he i s satisfied that the failure so to give the notice or prefer the claim as the ca (2) Every such notice shall give the name and address of the person injured and se may be was due to sufficient cause. shall state in ordinary language the cause of the injury and the date on which t he accident happened and shall be served on the employer or upon any one of seve ral employers or upon any person responsible to the employer for the management of any branch of the tread or business in which the injured workman was employed .3) The State Government may require that any prescribed class of employers shal ( l maintain at these premises at which workmen are employed a notice book in the prescribed form which shall be readily accessible at all reasonable times to any injuries workman employed on the premises and to any person acting bona fide on (4) Abehalf. under this section may be served by delivering it at or sending it his notice by registered post addressed to the residence or any office or place of business of the person on whom it is to be served or where a notice book is maintained b 10A. Power to notice-book. y entry in therequire from employers statements regarding fatal accident (1) Whe re a Commissioner receives information from any source that a workman has died a s a result of an accident arising out of and in the course of his employment he may send by registered post a notice to the workman's employer requiring him to submit within thirty days of the service of the notice a statement in the prescr ibed form giving the circumstances attending the death of the workman and indica ting whether in the opinion of the employer he is or is not liable to deposit co (2) If the employer is of opinion that he is liable to deposit compensation he s mpensation on account of the death. (3) make employer is of opinion that he is not liable to deposit compensation hallIf thethe deposit within thirty days of the service of the notice. (4) Where the employer has so disclaimed liability the he disclaims liability. he shall in his statement indicate the grounds on whichCommissioner after such i nquiry as he may think fit may inform any of the dependants of the deceased work man that it is open to the dependants to prefer a claim for compensation and may 10B. Reports of other further information asbodily injuries (1) Where by any law give them such fatal accidents and serious he may think fit. for the time being in force notice is required to be given to any authority by or on behalf of an employer of any accident occurring on his premises which resu lts in death or serious bodily injury the person required to give the notice sha ll within seven days of the death or serious bodily injury send a report to the Commissioner giving the circumstances attending the death or serious bodily inju Provided that where the State Government has so prescribed the person required t ry : o give the notice may instead of sending such report to the Commissioner send it Explanation : "Serious bodilyis required to give the notice.involves or in all p to the authority to whom he injury" means an injury which robability will involve the permanent loss of the use of or permanent injury to any limb or the permanent loss of or injury to the sight or hearing or the fract ure of any limb or the enforced absence of the injured person from work for a pe (2) exceeding twenty days. riodThe State Government may by notification in the Official Gazette extend the provisions of sub-section (1) to any class of premises other than those coming w ithin the scope of that sub-section and may by such notification specify the per (3) Nothing in this section shall apply to factories son who shall send the report to the Commissioner. to which the Employees' Sta 11. Medical Act 1948 (34 of 1948) workman te Insuranceexamination (1) Where aapplies. has given notice of an accident he s hall if the employer before the expiry of three days from the time at which serv ice of the notice has been effected offers to have him examined free of charge b y a qualified medical practitioner submit himself for such examination and any w orkman who is in receipt of a half-monthly payment under this Act shall if so re Provided that a workman shall examination from submit himself quired submit himself for suchnot be required totime to time : for examination by a medical practitioner otherwise than in accordance with rules made under thi (2) If a workman on being required than so be prescribed. s Act or at more frequent intervalsto do mayby employer under sub-section (1) or

by the Commissioner at any time refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same his right to com pensation shall be suspended during the continuance of such refusal or obstructi on unless in the case of refusal he was prevented by any sufficient cause from s (3) If a workman before o submitting himself. the expiry of the period within which he is liable under sub-section (1) to be required to submit himself for medical examination volunt arily leaves without having been so examined the vicinity of the place in which he was employed his right to compensation shall be suspended until he returns an Where a himself for right to compensation has been suspended under sub-section d offersworkman whosesuch examination. (2) or sub-section (3) dies without having submitted himself for medical examin ation as required by either of those sub-sections the Commissioner may if he thi nks fit direct the payment of compensation to the dependants of the deceased wor kman. Where under sub-section (2) or sub-section (3) a right to compensation is suspended no compensation shall be payable in respect of the period of suspensio n and if the period of suspension commences before the expiry of the waiting per iod referred to in clause (d) of sub-section (1) of section 4 the waiting period shall be increased by the period during which the suspension continues. Where a n injured workman has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge or havin g accepted such offer has deliberately disregarded the instructions of such medi cal practitioner then if it is proved that the workman has not thereafter been r egularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal disreg ard or failure was unreasonable in the circumstances of the case and that the in jury has been aggravated thereby the injury and resulting disablement shall be d eemed to be of the same nature and duration as they might reasonably have been e xcepted to be if the workman had been regularly attended by a qualified medical practitioner whose instructions he had followed and compensation if any shall be 12. Contracting Where any person (hereinafter in this section referred to as the payable accordingly. principal) in the course of or for the purposes of his trade or business contra ct with any other person (hereinafter in this section referred to as the contrac tor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal the pri ncipal shall be liable to pay to any workman employed in the execution of the wo rk any compensation which he would have been liable to pay if that workman had b een immediately employed by him; and where compensation is claimed from the prin cipal this Act shall apply as if references to the principal were substituted fo r references to the employer except that the amount of compensation shall be cal culated with reference to the wages of the workman under the employer by whom he is immediately employed. Where the principal is liable to pay compensation unde r this section he shall be entitled to be indemnified by the contractor or any o ther person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to a pay compensation or to inde mnify a principal under this section be shall be entitled to be indemnified by a ny person standing to him in the relation of a contractor from whom the workman could have recovered compensation and all questions as to the right to and the a mount of any such indemnity shall in default of agreement be settled by the Comm issioner. Nothing in this section shall be construed as preventing a workman fro m recovering compensation from the contractor instead of the principal. This sec tion shall not apply in any case where the accident occurred elsewhere that on i n or about the premises on which the principal has undertaken or usually underta kes as the case may be to execute the work or which are otherwise under his cont rol or management.13. Remedies of employer against stranger Where a workman has rec overed compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages o 14. Insolvency of employer Where any employer has entered into a contract with a f aforesaid ny insurers in respect of any liability under this Act to any workman then in th

e event of the employer becoming insolvent or making a compensation or scheme of arrangement with his creditors or if the employer is a company in the event of the company having commenced to be wound up the rights of the employer against t he insurers as respects that liability shall notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of compani es be transferred to and vest in the workman and upon any such transfer the insu rers shall have the same rights and remedies and be subject to the same liabilit ies as if they were the employer so however that the insurers shall not be under any greater liability to the workman than they would have been under the employ er. If the liability of the insurers to the workman is less than the liability o f the employer to the workman the workman may prove for the balance in the insol vency proceedings or liquidation. Where in any case such as is referred to in su b-section (1) the contract of the employer with the insurers to void or voidable by reason of non-compliance on the part of the employer with any terms or condi tions of the contract (other than a stipulation for the payment of premia) the p rovisions of that sub-section shall apply as if the contract were not void or vo idable and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the workman : Provided that the provision s of this sub-section shall not apply in any case in which the workman fails to give notice to the insurers of the happening of the accident and of any resultin g disablement as soon as practicable after he becomes aware of the institution o There shall be deemed to be included among the f the insolvency or liquidation proceedings. debts which under section 49 of t he Presidency-towns Insolvency Act 1909 (3 of 1909) or under section 61 of the P rovincial Insolvency Act 1920 (5 of 1920) or under Section 530 of the Companies Act 1956 (1 of 1956) are in the distribution of the property of an insolvent or in the distribution of the assets of a company being wound up to be paid in prio rity to all other debts the amount due in respect of any compensation the liabil ity where for accrued before the date of the order of adjudication of the insolv ent or the date of the commencement of the winding up as the case may be and tho se Acts shall have effect accordingly. Where the compensation is a half-monthly payment the amount due in respect thereof shall for the purpose of this section be taken to be the amount of the lump sum for which the half-monthly payment cou ld if redeemable be redeemed if application were made for that purpose under sec tion 7 and a certificate of the Commissioner as to the amount of such sum shall be conclusive proof thereof. The provisions of sub-section (4) shall apply in th e case of any amount for which an insurer is entitled to prove under sub-section (3) but otherwise those provisions shall not apply where the insolvent or the c ompany being wound up has entered into such a contract with insurers as is refer red to in sub-section (1). This section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation wit Where an company. 14A. Compensation transfers his assets assets transferred by employer h anotheremployer to be first charge onbefore any amount due in respect of any c ompensation the liability wherefor accrued before the date of the transfer has b een paid such amount shall notwithstanding anything contained in any other law f or the time being in force be a first charge on that part of the assets so trans 16. Returns as to of immovable property. ferred as consistscompensation The State Government may by notification in the O fficial Gazette direct that every person employing workmen or that any specified class of such persons shall send at such time and in such form and to such auth ority as may be specified in the notification a correct return specifying the nu mber of injuries in respect of which compensation has been paid by the employer during the pervious year and the amount of such compensation together with such 17. Contracting out to contract or agreement whether made before or after the other particulars asAny the compensation as the State Government may direct. c ommencement of this Act whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the em ployment shall be null and void in so far as it purports to remove or reduce the 19. Reference COMMISSIONERS pay any question arises in any CHAPTER IIIof anyCommissionersIfcompensation under this Act.proceedings under thi liability : of person to s Act as to the liability of any person to pay compensation (including any quest ion as to whether a person injured is or is not a workman) or as to the amount o f duration of compensation (including any question as to the nature or extent of disablement) the question shall in default of agreement be settled by a Commiss ioner.No Civil Court shall have jurisdiction to settle decided or deal with any q

uestion which is by or under this Act required to be settled decided or dealt wi th by a Commissioner or to enforce any liability incurred under this Act.20. Appoi ntment of Commissioners(1) The State Government may by notification in the Offici al Gazette appoint any person to be a Commissioner for Workmen's Compensation fo (2) Where more than one Commissioner has been appointed for any area the State G r such area as may be specified in the notification. overnment may by general or special order regulate the distribution of business (3) Any Commissioner may for the purpose of deciding any matter referred to him between them. for decision under this Act choose one or more persons possessing special knowle dge of any matter relevant to the matter under inquiry to assist him in holding (4) Every Commissioner shall be deemed to be a public servant within the meaning the inquiry. 21. the Indian Penal Codeand transfer(1) Where any matter under this Act is to be of Venue of proceedings (45 of 1860). done by or before a Commissioner the same shall subject to the provisions of th is Act and to any rules made hereunder be done by or before the Commissioner for (b) area in which in case which death the dependant claiming (a) the accidentor - placeof his resulted in the injury; or the compensation the workman took Provided that no matter (c) the employer has his registered office before or by a Commissioner other tha ordinarily resides; or shall be processed : n the Commissioner having jurisdiction over the area in which the accident took place without his giving notice in the manner prescribed by the Central Governme nt to the Commissioner having jurisdiction over the area and the State Governmen Provided further that where the workman being the master of a ship or a seaman o t concerned : r the captain or a member of the crew of an aircraft or a workman in a motor veh icle or a company meets with the accident outside India any such matter may be d one by or before a Commissioner for the area in which the owner or agent of the ship aircraft or motor vehicle resides or carries on business or the registered (1A) If a Commissioner other than the Commissioner with whom any money has been office of the company is situate as the case may be. deposited under section 8 proceeds with a matters under this Act the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request he shall comply with (2) If a Commissioner is satisfied that any matter arising out of any proceeding the same. s pending before him can be more conveniently dealt with by any other Commission er whether in the same State or not he may subject to rules made under this Act order such matter to be transferred to such other Commissioner either for report or for disposal and if he does so shall forthwith transmit to such other Commis sioner all documents relevant for the decision of such matter and where the matt er in transferred for disposal shall also transmit in the prescribed manner any money remaining in his hands or invested by him for the benefit of any party to the proceedings :Provided that the Commissioner shall not where any party to the p roceedings has appeared before him made any order of transfer relating to the di stribution among dependants of a lump sum without giving such party an opportuni (3) The Commissioner ty of being heard : to whom any matter is so transferred shall subject to rules made under this Act inquire there into and if the matter was transferred for di (4) On receipt the proceedings Commissioner to whom any commenced been transfe sposal continueof report from a as if they had originallymatter has before him. rred for report under sub-section (2) the Commissioner by whom it was referred s (5) decide the matter referred in conformity with such report. hallThe State Government may transfer any matter from any Commissioner appointed 22. it toof application(1) Where an accident occurs in respect of which liability by Form any other Commissioner appointed by it. to pay compensation under this Act arises a claim for such compensation may sub ject to the provisions of this Act be made before the Commissioner,(1A) Subject to the provisions of sub-section (1) no application for the settlement of any matt er of Commissioner other than an application by a dependant or dependants for co mpensation shall be made unless and until some question has arisen between the p arties in connection therewith which they have been unable to settle by agreemen (2) t. An application to a Commissioner may be made in such form and shall be accom panied by such fee if any as may be prescribed and shall contain in addition to (a) A concise statement of the circumstances in which the application is made any particulars which may be prescribed the following particulars namely :- an (b) in the case of a which the applicant claims; d the relief or orderclaim for compensation against an employer the date of serv ice of notice of the accident on the employer and if such notice has not been se (d) or names the case of an application by dependants for omission; (c) except not been served of the parties; and rvedthe hasin and addresses in due time the reason for suchcompensation a concis e statement of the matters on which agreement has and of those on which agreemen (3) If the applicant is t has not been come to. illiterate or for any other reason is unable to furnish the required information in writing the application shall if the applicant so de 22A. be prepared under the direction further deposit in cases of fatal accidentW siresPower of Commissioner to require of the Commissioner.

here any sum has been deposited by an employer as compensation payable in respec t of a workman whose injury has resulted in death and in the opinion of the Comm issioner such sum is insufficient the Commissioner may by notice in writing stat ing his reasons call upon the employer to show cause why he should not make a fu rther deposit within such time as may be stated in the notice.(2) If the employer fails to show cause to the satisfaction of the Commissioner the Commissioner ma y make an award determining the total amount payable and requiring the employer 23. Powers and procedure to deposit the deficiencyof Commissioners.The Commissioner shall have all the pow ers of a Civil Court under the Code of Civil Procedure 1908 (5 of 1908) for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the produ ction of documents and material objects and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXVI of the 24. of Criminal partiesAny appearance application or act required to be made or CodeAppearance ofProcedure 1973 (2 of 1974). done by any person before or to a Commissioner (other than an appearance of a p arty which is required for the purpose of his examination as a witness) may be m ade or done on behalf of such person by a legal practitioner or by an official o f an Insurance company or a registered Trade Union or by an Inspector appointed under sub-section (1) of section 8 of the Factories Act 1948 (63 of 1948) or und er sub-section (1) of section 5 of the Mines Act 1952 (35 of 1952) or by any oth er officer specified by the State Government in this behalf authorised in writin g by such person or with the permission of the Commissioner by any other person 25. Method of so authorised.recording evidenceThe Commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witnes s proceeds and such memorandum shall be written and signed by the Commissioner w Provided that if the Commissioner is prevented from ith his own hand and shall form part of the record :making such memorandum he sh all record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same and such memora Provided further that the evidence of ndum shall form part of the record : any medical witness shall be take down as nearly as may be word for word.26. CostsAll costs incidental to any proceedings bef ore a Commissioner shall subject to rules made under this Act be in the discreti on ofAn appeal shall lie to the High Court from the following orders of a Commis (1) the Commissioner. (a) an order :sioner namelyas awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in par (c) (b) (a) an lump awarding interest or penalty underhalf-monthly payment; dependants t for aorder sum; providing for the distribution a section 4A; refusing to allow redemption ofof compensation among the of a deceased workman or disallowing any claim of a person alleging himself to (d) an dependant; be suchorder allowing or disallowing any claim for the amount of an indemnity un (e) an provisions of to register a memorandum of agreement or registering the s der theorder refusing sub-section (2) of section 12; or ame or providing for the registration of the same subject to conditions :Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and in the case of an order other than an order such a s is referred to in clause (b) unless the amount in dispute in the appeal is not Provided further hundred rupees : less than three that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner or in which the order of the Commissioner gives effect to an agreement come to by the parties :Provided furthe r that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect tha t the appellant has deposited with him the amount payable under the order appeal The period ed against.of limitation for an appeal under this section shall be sixty days.(3) The provisions of section 5 of the Limitation Act 1963 (36 of 1963) shall be ap 31. RecoveryThe Commissioner may recover plicable to appeals under this section. as an arrear of land revenue any amount payable by any person under this Act whether under an agreement for the payment of compensation or otherwise and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act 1890 (1 of 5] PAYMENT OF WAGES ACT, 1936An Act to regulate the payment of wages of certain c 1890). 1. Short 1[employed persons] lasses oftitle, extent, commencement and application(1) This Act may be called th e Payment of Wages Act, 1936.2[(2) It extends to the whole of India (3) It shall com e into force on such 4[date] as the Central Government may, by notification in t he Official Gazette, appoint.(4) It applies in the first instance to the payment o f wages to persons employed in any 5[factory, to persons] employed (otherwise th

an in a factory) upon any railway by a railway administration or, either directl y or through a sub-contractor, by a person fulfilling a contract with a railway administration, 6[and to persons employed in an industrial or other establishmen t specified in sub-clauses (a) to (g) of clause (ii) of section 2.](5) The State G overnment may, after giving three months notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of 7[this Act] or an y of them to the payment of wages to any class of persons employed in 8[any esta blishment or class of establishments specified by the Central Government or a St ate Government under sub-clause (h) of clause (ii) of section 2]:9[PROVIDED that i n relation to any such establishment owned by the Central Government no such not ification shall be issued except with the concurrence of that governments.](6) Not hing in this Act shall apply to wages payable in respect of a wage-period which, over such wage-period, average 10[one thousand six hundred rupees] a month or m ore.2. DefinitionsIn this Act, unless there is anything repugnant in the subject or context,-11[(i) "employed person" includes the legal representative of a deceased employed person;(ia) "employer" includes the legal representative of a deceased e mployer;(ib) "factory" means a factory as defined in clause (m) of section 2 of th e Factories Act, 1948 (63 of 1948) and includes any place to which the provision s of that Act have been applied under sub-section (1) of section 85 thereof;](ii) 12["industrial or other establishment"] means any-11[(a) tramway service , or moto r transport service engaged in carrying passengers or goods or both by road for hire or reward;(aa) air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the Union or the C ivil Aviation Department of the Government of India;](b) dock, wharf or jetty;13[(c) inland vessel, mechanically propelled;](d) mine, quarry or oil-field;(e) plantation ;(f) workshop or other establishment in which articles are produced, adapted or ma nufactured, with a view to their use, transport or sale;14[(g) establishment in wh ich any work relating to the construction, development or maintenance of buildin gs, roads, bridges or canals, or relating to operations connected with navigatio n, irrigation, or to the supply of water or relating to the generation, transmis sion and distribution of electricity or any other form of power is being carried on;]6[(h) any other establishment or class of establishments which the Central Go vernment or a State Government may, having regard to the nature thereof, the nee d for protection of persons employed therein and other relevant circumstances, s pecify, by notification in the Official Gazette.]15[(iia) "mine" has the meaning as signed to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 195 2 (35 of 1952);]11[(iii) "plantation" has the meaning assigned to it in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);](v) "railway admini stration" has the meaning assigned to it in clause (6) of section 3 of the India n Railways Act, 1890 (9 of 1890); and13[(vi) "wages" means all remuneration (wheth er by way of salary, allowances, or otherwise) expressed in terms of money or ca pable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his emplo yment or of work done in such employment, and includes-(a) any remuneration payabl e under any award or settlement between the parties or order of a court;(b) any re muneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);(d) any sum whic h by reason of the termination of employment of the person employed is payable u nder any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within wh ich the payment is to be made;(e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force,but does not in clude-(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court;(2) the value of any house-accommodation, or of the supply of light, wa ter, medical attendance or other amenity or of any service excluded from the com putation of wages by a general or special order of the State Government;(3) any co ntribution paid by the employer to any pension or provident fund, and the intere

st which may have accrued thereon;(4) any travelling allowance or the value of any travelling concession;(5) any sum paid to the employed person to defray special e xpenses entailed on him by the nature of his employment; or(6) any gratuity payabl e on the termination of employment in cases other than those specified in sub-cl ause (d).]3. Responsibility for payment of wagesEvery employer shall be responsible for the payment to persons employed by him of all wages required to be paid und er this Act:PROVIDED that, in the case of persons employed (otherwise than by a co ntractor)-(a) in factories, if a person has been named as the manager of the facto ry under 16[clause (f) of sub-section (1) of section 7 of the Factories Act, 194 8 (63 of 1948)];17[(b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial o r other establishments;](c) upon railways (otherwise than in factories), if the em ployer is the railway administration and the railway administration has nominate d a person in this behalf for the local area concerned.The person so named, the pe rson so responsible to the employer, or the person so nominated, as the case may be 18[shall also be responsible] for such payment.4. Fixation of wage-periods(1) E very person responsible for the payment of wages under section 3 shall fix perio ds (in this Act referred to as wage-periods) in respect of which such wages shal l be payable.(2) No wage-period shall exceed one month.5. Time of payment of wages(1) The wages of every person employed upon or in-(a) any railway, factory or 12[indu strial or other establishment] upon or in which less than one thousand persons a re employed, shall be paid before the expiry of the seventh day,(b) any other rail way, factory or 12[industrial or other establishment], shall be paid before the expiry of the tenth day,after the last day of the wage-period in respect of which the wages are payable:15[PROVIDED that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such com pletion.](2) Where the employment of any person is terminated by or on behalf of t he employer, the wages, earned by him shall be paid before the expiry of the sec ond working day from the day on which his employment is terminated:15[PROVIDED tha t where the employment of any person in an establishment is terminated due to th e closure of the establishment for any reason other than a weekly or other recog nised holiday, the wages earned by him shall be paid before the expiry of the se cond day from the day on which his employment is so terminated](3) The State Gover nment may, by general or special order, exempt, to such extent and subject to su ch conditions as may be specified in the order, the person responsible for the p ayment of wages to persons employed upon any railway (otherwise than in a factor y ) 15[or to persons employed as daily-rated workers in the Public Works Departm ent of the Central Government or the State Government] from the operation of thi s section in respect of wages of any such persons or class of such persons:15[PROV IDED that in the case of persons employed as daily-rated workers as aforesaid, n o such order shall be made except in consultation with the Central Government.](4) 19[Save as otherwise provided in sub-section (2), all payments] of wages shall be made on a working day.6. Wages to be paid in current coin or currency notesAll w ages shall be paid in current coin or currency notes or in both:20[PROVIDED that t he employer may, after obtaining the written authorisation of the employed perso n, pay him the wages either by cheque or by crediting the wages in his bank acco unt.]7. Deductions which may be made from wages(1) Notwithstanding the provisions o f sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890), th e wages of an employed person shall be paid to him without deductions of any kin d except those authorised by or under this Act.21[Explanation I ] : Every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be a deduction from wages.14[Explanation II: Any loss o f wages resulting from the imposition, for good and sufficient cause, upon a per son employed of any of the following penalties, namely:-(i) the withholding of inc rement or promotion (including the stoppage of increment at an efficiency bar);(ii ) the reduction to a lower post or time scale or to a lower stage in a time scal e; or(iii) suspension;shall not be deemed to be a deduction from wages in any case w here the rules framed by the employer for the imposition of any such penalty are

in conformity with the requirements, if any, which may be specified in this beh alf by the State Government by notification in the Official Gazette.](2) Deduction s from the wages of an employed person shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely:(a) fines;(b ) deductions for absence from duty;(c) deductions for damage to or loss of goods e xpressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributa ble to his neglect or default;13[(d) deductions for house-accommodation supplied b y the employer or by government or any housing board set up under any law for th e time being in force (whether the government or the board is the employer or no t) or any other authority engaged in the business of subsidising house- accommod ation which may be specified in this behalf by the State Government by notificat ion in the Official Gazette;](e) deductions for such amenities and services suppli ed by the employer as the 22[***] State Government 15[or any officer specified b y it in this behalf] may, by general or special order, authorise.Explanation: The word "services" in 23[this clause] does not include the supply of tools and raw materials required for the purposes of employment;11[(f) deductions for recovery o f advances of whatever nature (including advances for travelling allowance or co nveyance allowance), and the interest due in respect thereof, or for adjustment of over-payments of wages;(ff) deductions for recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by t he State Government, and the interest due in respect thereof;(fff) deductions for r ecovery of loans granted for house-building or other purposes approved by the St ate Government and the interest due in respect thereof;](g) deductions of income-t ax payable by the employed person;(h) deductions required to be made by order of a court or other authority competent to make such order;(i) deductions for subscrip tions to, and for repayment of advances from any provident fund to which the Pro vident Funds Act, 1925 (19 of 1925), applies or any recognised provident fund as defined in 24[section 58A of the Indian Income Tax Act, 1922 (11 of 1922)], or any provident fund approved in this behalf by the State Government, during the c ontinuance of such approval; 25[***]26[(j) deductions for payments to co-operative societies approved by the State Government 15[or any officer specified by it in this behalf] or to a scheme of insurance maintained by the Indian Post Office, 27[and]13[(k) deductions, made with the written authorisation of the person employ ed for payment of any premium on his life insurance policy to the Life Insurance Corporation Act of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Ban k in furtherance of any savings scheme of any such government.]]6[(kk) deductions, made with the written authorisation of the employed person, for the payment of his contribution to any fund constituted by the employer or a trade union regist ered under the Trade Union Act, 1926 (16 of 1926), for the welfare of the employ ed persons or the members of their families, or both, and approved by the State Government or any officer specified by it in this behalf, during the continuance of such approval;(kkk) deductions, made with the written authorisation of the emp loyed person, for payment of the fees payable by him for the membership of any t rade union registered under the Trade Union Act, 1926 (16 of 1926);]15[(l) deducti ons, for payment of insurance premia on Fidelity Guarantee Bonds;(m) deductions fo r recovery of losses sustained by a railway administration on account of accepta nce by the employed person of counterfeit or base coins or mutilated or forged c urrency notes;(n) deductions for recovery of losses sustained by a railway adminis tration on account of the failure of the employed person to invoice, to bill, to collect or to account for the appropriate charges due to that administration wh ether in respect of fares, freight, demurrage, wharfage and cranage or in respec t of sale of food in catering establishments or in respect of sale of commoditie s in grain shops or otherwise;(o) deductions for recovery of losses sustained by a railway administration on account of any rebates or refunds incorrectly granted by the employed person where such loss is directly attributable to his neglect or default;]20[(p) deductions, made with the written authorisation of the employed person, for contribution to the Prime Minister s National Relief Fund or to such

other Fund as the Central Government may, by notification in the Official Gazett e, specify;]28[(q) deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees.]15[(3) Notwithstanding an ything contained in this Act, the total amount of deductions which may be made u nder sub-section (2) in any wage-period from the wages of any employed person sh all not exceed-(i) in cases where such deductions are wholly or partly made for pa yments to co-operative societies under clause (j) of sub-section (2), seventy-fi ve per cent of such wages, and(ii) in any other case, fifty per cent of such wages :PROVIDED that where the total deductions authorised under sub-section (2) exceed seventy five per cent or, as the case may be, fifty per cent of the wages, the e xcess may be recovered in such manner as may be prescribed.(4) Nothing contained i n this section shall be construed as precluding the employer from recovering fro m the wages of the employed person or otherwise any amount payable By such perso n under any law for the time being in force other than the Indian Railways Act, 1890 (9 of 1890).]8. Fines(1) No fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer, with the prev ious approval of the State Government or of the prescribed authority, may have s pecified by notice under sub-section (2).(2) A notice specifying such acts and omi ssions shall be exhibited in the prescribed manner on the premises in which the employment is carried on or in the case of persons employed upon a railway (othe rwise than in a factory), at the prescribed place or places.(3) No fine shall be i mposed on any employed person until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as m ay be prescribed for the imposition of fines.(4) The total amount of fine which ma y be imposed in any one wage-period on any employed person shall not exceed an a mount equal to 29[three per cent] of the wages payable to him in respect of that wage-period.(5) No fine shall be imposed on any employed person who is under the age of fifteen years.(6) No fine imposed on any employed person shall be recovered from him by instalments or after the expiry of sixty days from the day on which it was imposed.(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.(8) All fines and all reali sations thereof shall be recorded in a register to be kept by the person respons ible for the payment of wages under section 3 in such form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the factory or establishment as are approved by the pres cribed authority.Explanation : When the persons employed upon or in any railway, f actory or 12[industrial or other establishment] are part only of a staff employe d under the same management, all such realisations may be credited to a common f und maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.9. Deductions f or absence from duty(1) Deductions may be made under clause (b) of sub-section (2 ) of section 7 only on account of the absence of an employed person from the pla ce or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so req uired to work.(2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduc tion is made in a larger proportion than the period for which he was absent bear s to the total period, within such wage-period, during which by the terms of his employment, he was required to work:PROVIDED that, subject to any rules made in t his behalf by the State Government, if ten or more employed persons acting in co ncert absent themselves without due notice (that is to say without giving the no tice which is required under the terms of their contracts of employment) and wit hout reasonable cause, such deduction from any such person may include such amou nt not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice.30[Explanation : For the purposes of this section, an employed person shall be deemed to be absent from the place where he is requ ired to work if, although present in such place, he refuses, in pursuance of a s tay-in strike or for any other cause which is not reasonable in the circumstance s, to carry out his work.]10. Deductions for damage or loss11[(1) A deduction under clause (c) or clause (o) of sub-section (2) of section 7 shall not exceed the am

ount of the damage or loss caused to the employer by the neglect or default of t he employed person.(1A) A deduction shall not be made under clause (c) or clause (m ) or clause (n) or clause (o) of sub-section (2) of section 7 until the employed person has been given an opportunity of showing cause against the deduction or otherwise than in accordance with such procedure as may be prescribed for the ma king of such deduction.](2) All such deduction and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment o 11. Deductions for services renderedA deduction under clause (d) or clause (e) of f wages under section 3 in such form as may be prescribed. sub-section (2) of section 7 shall not be made from the wages of an employed pe rson, unless the house-accommodation amenity or service has been accepted by him , as a term of employment or otherwise, and such deduction shall not exceed an a mount equivalent to the value of the house-accommodation amenity or service supp lied and, in the case of deduction under the said clause (e), shall be subject t o such conditions as 22[***] the State Government may impose.12. Deductions for re covery of advancesDeductions under clause (f) of sub-section (2) of section 7 sha ll be subject to the following conditions, namely:(a) recovery of an advance of mo ney given before employment began shall be made from the first payment of wages in respect of a complete wage-period, but no recovery shall be made of such adva nces given for travelling-expenses;15[(aa) recovery of an advance of money given a fter employment began shall be subject to such conditions as the State Governmen t may impose;](b) recovery of advances of wages not already earned shall be subjec t to any rules made by the State Government regulating the extent to which such advances may be given and the instalments by which they may be recovered.15[12A. D eductions for recovery of loansDeductions for recovery of loans granted under cla use (fff) of sub-section (2) of section 7 shall be subject to any rules made by the State Government regulating the extent to which such loans may be granted an d the rate of interest payable thereon.]13. Deductions for payments to co-operativ e societies and insurance schemesDeductions under clause (j) 27[and clause (k)] o f sub-section (2) of section 7 shall be subject to such conditions as the State Government may impose.15[13A. Maintenance of registers and records(1) Every employe r shall maintain such registers and records giving such particulars of persons e mployed by him, the work performed by them, the wages paid to them, the deductio ns made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved 14. Inspectors(1)three years afterFactories appointed under 31[sub-section (1) of for a period of An Inspector of the date of the last entry made therein]. section 8 of the Factories Act, 1948 (63 of 1948)], shall be an Inspector for t he purposes of this Act in respect of all factories within the local limits assi gned to him.(2) The State Government may appoint Inspectors for the purposes of th is Act in respect of all persons employed upon a railway (otherwise than in a fa ctory) to whom this Act applies.(3) The State Government may, by notification in t he Official Gazette, appoint such other persons as it thinks fit to be Inspector s for the purposes of this Act, and may define the local limits within which and the class of factories and 12[industrial or other establishments] in respect of which they shall exercise their functions.11[(4) An Inspector may,(a) make such exa mination and inquiry as he thinks fit in order to ascertain whether the provisio ns of this Act or rules made thereunder are being observed;(b) with such assistanc e, if any, as he thinks fit, enter, inspect and search any premises of any railw ay, factory or 12[industrial or other establishment] at any reasonable time for the purpose of carrying out the objects of this Act;(c) supervise the payment of w ages to persons employed upon any railway or in any factory or 12[industrial or other establishment];(d) require by a written order the production at such place, as may be prescribed, of any register maintained in pursuance of this Act and ta ke on the spot or otherwise statements of any persons which he may consider nece ssary for carrying out the purposes of this Act;(e) seize or take copies of such r egisters or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer;(f) exercise such other powers as may be prescribed:PROVIDED that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.](4A) The provisions of the 32[Code o

f Criminal Procedure, 1973 (2 of l974)]shall, so far as may be, apply to any sea rch or seizure under this sub-section as they apply to any search or seizure mad e under the authority of a warrant issued under 33[section 94] of the said Code] .(5) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860 (45 of 1860).15[14A. Facilities to be afforded to Insp ectorsEvery employer shall afford an Inspector all reasonable facilities for maki ng any entry, inspection, supervision, examination or inquiry under this Act.]15. Claims arising out of deductions from wages or delay in payment of wages and pen alty for malicious or vexatious claims(1) The State Government may, by notificati on in the Official Gazette, appoint 15[a presiding officer of any Labour Court o r Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 o f 1947), or under any corresponding law relating to the investigation and settle ment of industrial disputes in force in the State or] any Commissioner for Workm en s Compensation or other officer with experience as a Judge of a Civil Court or as a Stipendiary Magistrate to be the authority to hear and decide for any speci fied area all claims arising out of deductions from the wages, or delay in payme nt of the wages, 34[of persons employed or paid in that area, including all matt ers, incidental to such claims:PROVIDED that where the State Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or alloc ation of work to be performed by them under this Act.](2) Where contrary to the pr ovisions of this Act any deduction has been made from the wages of an employed p erson, or any payment of wages has been delayed, such person himself, or any leg al practitioner or any official of a registered trade union authorised in writin g to act on his behalf, or any Inspector under this Act, or any other person act ing with the permission of the authority appointed under sub-section (1), may ap ply to such authority for a direction under sub-section (3):PROVIDED that every su ch application shall be presented within 35[twelve months] from the date on whic h the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be:PROVIDED FURTHER that any applica tion may be admitted after the said period 35[twelve months] when the applicant satisfies the authority that he had sufficient cause for not making the applicat ion within such period.(3) When any application under sub-section (2) is entertain ed, the authority shall hear the applicant and the employer or other person resp onsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after suchfurther inquiry (if any) as may be necessary, may, wi thout prejudice to any other penalty to which such employer or other person is l iable under this Act, direct the refund to the employed person of the amount ded ucted, or the payment of the delayed wages, together with the payment of such co mpensation as the authority may think fit, not exceeding ten times the amount de ducted in the former case and 36[not exceeding twenty-five rupees in the latter, and even if the amount deducted or the delayed wages are paid before the dispos al of the application, direct the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees]:PROVIDED that no direction for t he payment of compensation shall be made in the case of delayed wages if the aut hority is satisfied that the delay was due to-(a) a bona fide error or bona fide d ispute as to the amount payable to the employed person, or(b) the occurrence of an emergency, or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonabl e diligence, to make prompt payment, or(c) the failure of the employed person to a pply for or accept payment.11[(4) If the authority hearing an application under th is section is satisfied-(a) that the application was either malicious or vexatious , the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or(b) that in any case in which compensation is direct ed to be paid under sub-section (3), the applicant ought not to have been compel led to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be paid to the State Government by the employer or ot her person responsible for the payment of wages.(4A) Where there is any dispute as to the person or persons being the legal representative or representatives of t

he employer or of the employed person, the decision of the authority on such dis pute shall be final.(4B) Any inquiry under this section shall be deemed to be a ju dicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).](5) Any amount directed to be paid under this section may be recovered-(a) if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate, and(b) if the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate.17. Appeal(1) 37[An appeal against an or der dismissing either wholly or in part an application made under sub-section (2 ) of section 15, or against a direction made under sub-section (3) or sub-sectio n (4) of that section] may be preferred, within thirty days of the date on which 38[the order or direction] was made, in a Presidency-town 39[***] before the Co urt of Small Causes and elsewhere before the District Court-(a) by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees 15[or such direction has the effect of imposing on the employer or the ot her person a financial liability exceeding one thousand rupees], or11[(b) by an em ployed person or any legal practitioner or any official of a registered trade un ion authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under subsection (2) of section 15, if the total amount of wages claimed to have been wit hheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or](c) by any person directed to pay a penalty under sub-section (4) of section 15.15[(1A) No a ppeal under clause (a) of sub-section (1) shall lie unless the memorandum of app eal is accompanied by a certificate by the authority to the effect that the appe llant has deposited the amount payable under the direction appealed against.]13[(2 ) Save as provided in sub-section (1) any order dismissing either wholly or in p art an application made under sub-section (2) of section 15, or a direction made under sub-section (3) or sub-section (4) of that section shall be final.]65[(3) W here an employer prefers an appeal under this section the authority against whos e decision the appeal has been preferred may, and if so directed by the court re ferred to in sub-section (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it.(4) The court referred to in sub-section (1 ) may if it thinks fit submit any question of law for the decision of the High C ourt and, if it so does, shall decide the question in conformity with such decis ion.]14[17A. Conditional attachment of property of employer or other person respon sible for payment of wages(1) Where at any time after an application has been mad e under sub-section (2) of section 15 the authority, or where at any time after an appeal has been filed under section 17 by an employed person or 11[any legal practitioner or any official of a registered trade union authorised in writing t o act on his behalf or any Inspector under this Act or any other person permitte d by the authority to make an application under sub-section (2) of section 15] t he Court referred to in that section, is satisfied that the employer or other pe rson responsible for the payment of wages under section 3 is likely to evade pay ment of any amount that may be directed to be paid under section 15 or section 1 7, the authority or the court, as the case may be, except in cases where the aut hority or court is of the opinion that the ends of justice would be defeated by the delay, after giving the employer or other person an opportunity of being hea rd, may direct the attachment of so much of the property of the employer or othe r person responsible for the payment of wages as is, in the opinion of the autho rity or court, sufficient to satisfy the amount which may be payable under the d irection.(2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), rela ting to attachment before judgement under that Code shall, so far as may be, app ly to any order for attachment under sub-section (1).]20. Penalty for offences un der the Act(1) Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following sections, namel y, 41[section 5 except sub-section (4) thereof, section 7, section 8 except subsection (8) thereof, section 9, section 10 except sub-section (2) thereof, and s ection 11 to 13], both inclusive, shall be punishable with fine 42[which shall n

ot be less than two hundred rupees but which may extend to one thousand rupees.](2 ) Whoever contravenes the provisions of section 4, 43[sub-section (4) of section 5, section 6, sub-section (8) of section 8, sub-section (2) of section 10] or s ection 25 shall be punishable with fine which may extend to 44[five hundred rupe es.]15[(3) Whoever being required under this Act to maintain any records or regist ers or to furnish any information or return-(a) fails to maintain such register or record; or(b) wilfully refuses or without lawful excuse neglects to furnish such information or return; or(c) wilfully furnishes or causes to be furnished any info rmation or return which he knows to be false; or(d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information req uired to be furnished under this Act,shall, for each such offence, be punishable w ith fine 45[which shall not be less than two hundred rupees but which may extend to one thousand rupees].(4) Whoever-(a) wilfully obstructs an Inspector in the disc harge of his duties under this Act; or(b) refuses or wilfully neglects to afford a n Inspector any reasonable facility for making any entry, inspection, examinatio n, supervision, or inquiry authorised by or under this Act in relation to any ra ilway, factory or 12[industrial or other establishment]; or(c) wilfully refuses to produce on the demand of an Inspector any register or other document kept in pu rsuance of this Act; or(d) prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing befo re or being examined by an Inspector acting in pursuance of his duties under thi s Act;shall be punishable with fine 45[which shall not be less than two hundred ru pees but which may extend to one thousand rupees.](5) If any person who has been c onvicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subse quent conviction with imprisonment for a term 46[which shall not be less than on e month but which may extend to six months and with fine which shall not be less than five hundred rupees but which may extend to three thousand rupees]:PROVIDED that for the purpose of this sub-section no cognizance shall be taken of any con viction made more than two years before the date on which the commission of the offence which is being punished came to the knowledge of the Inspector.(6) If any person fails or wilfully neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fin e which may extend to 47[one hundred rupees] for each day for which such failure or neglect continues.]23. Contracting outAny contract or agreement, whether made b efore or after the commencement of this Act, whereby an employed person relinqui shes any right conferred by this Act shall be null and void in so far as it purp An Act to provide of fixing minimum rates of wages in certain employmentsWhereas 6] MINIMUM WAGEShimfor1948 right. orts to deprive ACT, such it is expedient to provide for fixing minimum rates of wages in certain employm ents;It is hereby enacted as follows: -may be called the Minimum Wages Act, 1948. ( 1. Short title and extent(1) This Act 2) It extends to the whole of India.l[***]2. InterpretationIn this Act, unless ther e is anything repugnant in the subject or context,-2[(a) "adolescent" means a pers on who has completed his fourteenth years of age but has not completed his eight eenth year; (aa) "adult" means a person who has completed his eighteenth years o f age;](b) "appropriate government" means-(i) in relation to any scheduled employment carried on by or under the authority of the 3[Central Government or a railway a dministration], or in relation to a mine, oilfield or major port, or any corpora tion established by 4[a Central Act], the Central Government, and(ii) in relation to any other scheduled employment, the State Government; 5(bb) "child" means a p erson who has not completed his fourteenth year of age;](c) "competent authority" m eans the authority appointed by the appropriate government by notification in it s Official Gazette to ascertain from time to time the cost of living index numbe r applicable to the employees employed in the scheduled employments specified in such notification;(d) "cost of living index number" in relation to employees in an y scheduled employment in respect of which minimum rates of wages have been fixe d, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number appl icable to employees in such employment;(e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or

any other person, one or more employees in any scheduled employment in respect o f which minimum rates of wages have been fixed under this Act, and includes, exc ept in sub-section (3) of section 26,-(i) in a factory where there is carried on a ny scheduled employment in respect of which minimum rates of wages have been fix ed under this Act, any person named under 6[clause (f) of sub-section (1) of sec tion 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory;(ii) in any scheduled employment under the control of any government in India in respec t of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such government for the supervision and control of employ ees or where no person or authority is so appointed the head of the department;(ii i) in any scheduled employment under any local authority in respect of which min imum rates of wages have been fixed under this Act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;(iv) in any other c ase where there is carried on any scheduled employment in respect of which minim um rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wag es;(f) "prescribed" means prescribed by rules made under this Act;(g) "scheduled emplo yment" means an employment specified in the Schedule, or any process or branch o f work forming part of such employment;(h) "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employ ed in respect of his employment or of work done in such employment 7[and include s house rent allowance], but does not include-(i) the value of- (a) any house, acc ommodation, supply of light, water, medical attendance, or (b) any other amenity or any service excluded by general or special order of the appropriate governme nt;(ii) any contribution paid by the employer to any pension fund or provident fun d or under any scheme of social insurance;(iii) any travelling allowance or the va lue of any travelling concession;(iv) any sum paid to the person employed to defra y special expenses entailed on him by the nature of his employment; or(v) any grat uity payable on discharge; (i) "employee" means any person who is employed for h ire or reward to do any work, skilled or unskilled, manual or clerical, in a sch eduled employment in respect of which minimum rates of wages have been fixed; an d includes an out-worker to whom any articles or materials are given out by anot her person to be made up, cleaned, washed, altered, ornamented, finished, repair ed, adapted or otherwise processed for sale for the purposes of the trade or bus iness of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the co ntrol and management of that other person; and also includes an employee declare d to be an employee by the appropriate government; but does not include any memb er of the Armed Forces of the,8[Union].3. Fixing of minimum rates of wages9[(1) The 10[(a) fix the minimum rates ofin the manner hereinafter provided,- in an employ appropriate government shall, wages payable to employees employed ment specified in Part I or Part II of the Schedule and in an employment added t PROVIDED that the appropriate Government may, in o either Part by notification under section 27: respect of employees employed i n an employment specified in Part II of the Schedule, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the who (b) review part thereof;] le State orat such intervals as it may think fit, such intervals not exceeding f ive years, the minimum rates of wages so fixed and revise the minimum rates, if 7[PROVIDED necessary: that where for any reason the appropriate government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment w ithin any interval of five years, nothing contained in this clause shall be deem ed to prevent it from reviewing the minimum rates after the expiry of the said p eriod of five years and revising them, if necessary, and until they are so revis ed the minimum rates in force immediately before the expiry of the said period o (1A) Notwithstanding anything force.] f five years shall continue incontained in sub-section (1), the appropriate gove rnment may refrain from fixing minimum rates of wages in respect of any schedule d employment in which there are in the whole State less than one thousand employ ees engaged in such employment, but if at any time, 11[***] the appropriate gove rnment comes to a finding after such inquiry as it may make or cause to be made

in this behalf that the number of employees in any scheduled employment in respe ct of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in s (a) a minimum 12[as wages may be work (2) The appropriate government timeafter (hereinafter referred to as "a minimum uch employmentrate ofsoon asformay fix- such finding.] (b) a rate"); rate of wages for piece work (hereinafter referred to as "a minimu time minimum (c) a minimum rate of remuneration to apply in the case of employees employed on m piece rate"); piece work for the purpose of securing to such employees a minimum rate of wage (d) s onaaminimum rate (whether a time rate or a to as "a guaranteed timesubstitutio time work basis (hereinafter referred piece rate) to apply in rate"); n for the minimum rate which would otherwise be applicable, in respect of overti 13[(2A) Where in respect (hereinafter referred to as "overtime rate"). me work done by employeesof an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceed ing is pending before a Tribunal or National Tribunal under the Industrial Dispu tes Act, 1947 (14 of 1947) or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimu m rates of wages in respect of the scheduled employment is issued during the pen dency of such proceeding or the operation of the award, then, notwithstanding an ything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the notification is issued during the period of operation of an award, during t hat period; and where such proceeding or award relates to the rates of wages pay able to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period. 14[(b) (iv) (iii) minimum classesrates of wages same fixed one (ii) fixing adolescents, children fixed by any for(i) differentscheduled employments;and bescheduled this section,(a) different minimumofof workmay themayapprentices; employment; ]3) Inadults, or revising minimum rates of wages underor more of the following w ( rates localities; wages in be and (iv) (iii)bythesuch rates are wage-period day or by the month, (ii)wherethe namely:or (i) bybythehour, age periods,day, largerfixed by the as may be prescribed;the manner of calcula such month, other PROVIDED that a month wage-periods have been fixed under section 4 of the ting wages forwhere anyor for a day, as the case may be, may be indicated:] Paym ent of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance t 4. Minimum herewith. rate of wages(1) Any minimum rate of wages fixed or revised by the app ropriate government in respect of scheduled employments under section 3 may cons (i) a basic rate of wages and a special allowance at a rate to be adjusted, at s ist ofuch intervals and in such manner as the appropriate government may direct, to ac cord as nearly as practicable with the variation in the cost of living index num ber applicable to such workers (hereinafter referred to as the "cost of living a (ii) a basic rate of wages with or without the cost of living allowance, and the llowance"); or cash value of the concessions in respect of supplies of essential commodities a (iii) an all-inclusive rate allowing for the t concessional rates, where so authorised; orbasic rate, the cost of living allo (2) The cost cash value of the and the cash value wance and theof living allowanceconcessions, if any.of the concessions in respec t of supplies of essential commodities at concessional rate shall be computed by the competent authority at such intervals and in accordance with such direction 14[5. Procedure for fixing and revising minimum wages(1) In fixing minimum rates s as may be specified or given by the appropriate government. of wages in respect of any scheduled employment for the first time under this Ac t or in revising minimum rates of wages so fixed, the appropriate government sha (a) appoint ll either- as many committees and sub-committees as it considers necessary to h old enquiries and advise it in respect of such fixation or revision, as the case (b) by notification in the Official Gazette, publish its proposals for the infor may be, or mation of persons likely to be affected thereby and specify a date, not less tha n two months from the date of the notification, on which the proposals will be t (2) into considering the akenAfter consideration. advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations receiv ed by it before the date specified in the notification under clause (b) of that sub-section, the appropriate government shall, by notification in the Official G azette fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issu e: PROVIDED that where the appropriate government proposes to revise the minimum ra tes of wages by the mode specified in clause (b) of sub-section (1), the appropr 6. Advisory committees and sub-committees[Repealed by the iate government shall consult the Advisory Board also.] Minimum Wages (Amendmen 7. Advisory (30 of the purpose of co-ordinating work of 15[committees and sub-c t) Act, 1957BoardFor1957)] ommittees appointed under section 5] and advising the appropriate government gen

erally in the matter of fixing and revising minimum rates of wages, the appropri 8. government shall appoint For the purpose of ateCentral Advisory Board(1) an Advisory Board. advising the Central and State Go vernments in the matters of the fixation and revision of minimum rates of wages and other matters under this Act and for co-ordinating the work of the Advisory (2) The Central Advisory Board Boards, the Central Government shall appoint a Central Advisory Board. by the C consist of persons to be nominated entral Government representing employers and employees in the scheduled employme nts, who shall be equal in number, and independent persons not exceeding one-thi rd of its total number of members; one of such independent persons shall be appo 9. Composition of of the Board by the Central Government. inted the Chairmancommittees, etc.Each of the committees, sub-committees 16[***] and the Advisory Board shall consist of persons to be nominated by the appropria te government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third o f its total number of members; one of such independent persons shall be appointe 11. Wages in kind(1) appropriatetopayable under this Act shall be paid the appr d the Chairman bybeenMinimum wagesgovernment.wholly or partly in kind, in cash. (2) Where it has the the custom pay wages opriate government being of the opinion that it is necessary in the circumstance s of the case may, by notification in the Official Gazette, authorise the paymen (3) minimum wages government is of the opinion that t ofIf appropriate either wholly or partly in kind. provision should be made fo r the supply of essential commodities at concessional rates, the appropriate gov ernment may, by notification in the Official Gazette, authorise the provision of (4) The cash valueconcessional rates. of concessions in respect of supplies of such supplies at of wages in kind and essential commodities at concessional rates authorised under sub-sections (2) a 12. Payment be estimated in of prescribed manner. nd (3) shallof minimum rates thewages(1) Where in respect of any scheduled employ ment a notification under section 5 17[***] is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate no t less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authoris (2) Nothing contained in this section shall affect the provisions of the ed within such time and subject to such conditions as may be prescribed. Payment 13. Wages Act, 1936 (4 of 1936). of Fixing hours for a normal working day, etc.18[(1) In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this (a) fix the number of government mayAct, the appropriate hours of work which shall constitute a normal working day, (b) provideof one or morerest in every period of seven days which shall be allow inclusive for a day of specified intervals; ed to all employees or to any specified class of employees and for the payment o (c) provide for payment for such days of of rest f remuneration in respect ofwork on a day rest; at a rate not less than the ov 19[(2) The provisions of sub-section (1) shall, in relation to the following cla ertime rate.] sses of employees, apply only to such extent and subject to such conditions as m (a) employees engaged on urgent work, or in any emergency which could not have b ay be prescribed:(b) employees engaged in work in the nature of preparatory or complementary work een foreseen or prevented; which must necessarily be carried on outside the limits laid down for the gener (d) (c) employees whose employment is essentially intermittent; al working in the employment concerned; for technical reasons has to be complete engaged in any work which (e) employees engaged in a d before the duty is over; work which could not be carried on except at times de (3) For the purposes of action of of sub-section pendent on the irregularclause (c) natural forces.(2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate gov ernment on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not (3) PART(2) [See(1) Employment in either mill, flour isbidi sustained attention.] THE SCHEDULE 2(g) and any ricephysicalthat mill say, any manufactory. is maintained f called upon to display27] woollen carpet making ormaking)weaving establishment. (4) I section plantation, activity tobacco (including to shawl estate which dal mill. (5) Employment in anythe construction ortea or coffee. or the purpose of growingany local authority.maintenance of roads or in building opera 24[(7) Employment on cinchona, rubber, (6) under oil mill. (9) (8) Employmentingypsummines.andtransport.crushing. tions.] Employmentininstonemicamines.] stonemanufactory. 27[Employment 26[Employment bauxite mines.] or buildings and employment in the construction a 25[Employment baryteslac manufactory. (12) (11) (10) Employment in manganesemotor leather the maintenance of any breaking tanneries public works. any mines. 29[Employment laying andmines.] mines.] railways, goods sheds. tale)] lines and 28[Employment in chinaclay(includingrailways.] ndmaintenance of runways]mines.]unloading inunder the Mines Act, 1952] Employment in 54[Employment 53[Employment 52[Employment 51[Employment 50[Employment 49[Employment 48[Employment 47[Employment 46[Employment 45[Employment 44[Employment 43[Employment 42[Employment 41[Employment 40[Employment 39[Employment 38[Employment 37[Employment 36[Employment state 35[Employment gravel mines.] 34[Employment docks phosphate 33[Employment red oxidecleaning on mines 32[Employment silicaofclaymines.] cables, electric lines, water 31[Employment quartzmines.mines covered 30[Employment kyanitemines.mines. mines.]producing soapstone & supply Employment in copper and mines.] lignite mica uranium marble ashpit loading haemetite rock granite iron-ore wolfram dolomite laterite felspar graphite quartizite chromite fire asbestos mines. ochre mines; steatiteports.] stone andcalcite white mines.] magnesitemines.] clay underground II pipe line.] PART(1) Employment in agriculture, that is to say, in any form of farming, including t sewerage he cultivation and tillage of the soil, dairy farming, the production, cultivati on, growing and harvesting of any agricultural or horticultural commodity, the r aising of live-stock, bees or poultry, and any practice performed by a farmer or on a farm as incidental to or in conjunction with farm operations (including an y forestry or timbering operations and the preparation for market and delivery t o storage or to market or to carriage for transportation to market of farm produ CHAPTER IPRELIMINARY and 1947 7] INDUSTRIAL DISPUTES ACT,commencement(1) This Act may be called the Industrial ce). 1. Short title, extent Disputes Act, 1947.1[(2) It extends to the whole of India]2[* * *](3) It shall come in to force on the first day of April, 1947.2. DefinitionsIn this Act, unless there is anything repugnant in the subject or context,-(a) "appropriate government" means-(i

) in relation to any industrial disputes concerning 3[* * *] any industry carrie d on by or under the authority of the Central Government, 4[ *** ]or by a railwa y company 5[or concerning any such controlled industry as may be specified in th is behalf by the Central Government] 6[* * *] or in relation to an industrial di spute concerning 7[8 [9[10[a Dock Labour Board established under section 5A of t he Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or the 11[the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956], or the Employees State Insurance Corporation established un der section 3 of the Employees State Insurance Act, 1948 (34 of 1948), or the Boa rd of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Truste es and the State Boards of Trustees constituted under section 5A and Section 5B, respectively, of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), 12[***], or the Life Insurance Corporation of India establish ed under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 13[the Oil and Natural Gas Corporation Limited registered under the Companies Ac t. 19561, or the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporations Act. 1961 (47 of 1961), or the Central Warehousing Corporation established under sect ion 3 of the Warehousing Corporation Act, 1962 (58 of 1962), or the Unit Trust o f India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under section 16 of the Food Corporation Act, 1964 (37 of 1964), or 14[the Airports Authority of Ind ia constituted under section 3 of the Airports Authority of India Act, 1994], or a Regional Rural Bank established under section 3 of the Regional Rural Banks A ct, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Corporation of India Limited, 15[the National Hou sing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or the Banking Service Commission established under section3 of the Banking Service Commission Act, 1975 or 16[17[an air transport service, or a ban king or an insurance company], a mine, an oil-field.] 18[a Cantonment Board,] or a major port, the Central Government, and](ii) in relation to any other industria l dispute, the State Government;18[ (aa) "arbitrator" includes an umpire;]19[20[(aaa ) "average pay" means the average of the wages payable to a workman-(i) in the cas e of monthly paid workman, in the three complete calendar months,(ii) in the case of weekly paid workman, in the four complete weeks,(iii) in the case of daily paid workman, in the twelve full working days,preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and whe re such calculation cannot be made, the average pay shall be calculated as the a verage of the wages payable to a workman during the period he actually worked;]21[ (b) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under sectio n 10A;]22[(bb) "banking company" means a banking company as defined in section 5 o f the Banking Companies Act, 1949, 23[(10 of 1949) having branches or other esta blishments in more than one State, and includes 24[the Export-Import Bank of Ind ia], 25[the Industrial Reconstruction Bank of India,] 26[the Industrial Developm ent Bank of India,] the Small Industries Development Bank of India established u nder section 3 of the Small Industries Development Bank of India Act, 1989, the Reserve Bank of India, the State Bank of India, 27[a corresponding new bank cons tituted under section 3 of the Banking Companies (Acquisition and Transfer of Un dertakings) Act, 1970, 28[a corresponding new bank constituted under section 3 o f the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, an d any subsidiary bank], as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);(c) "Board" means a Board of Conciliation constituted unde r this Act;29[(cc) "closure" means the permanent closing down of a place of employ ment or part thereof;](d) "conciliation office" means a conciliation officer appoi nted under this Act;(e) "conciliation proceeding" means any proceeding held by a c

onciliation officer or Board under this Act;5[(ee) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;] 30[***](f) "Court" means a Court of Inqu iry constituted under this Act;(g) "employer" means-(i) in relation to an industry c arried on by or under the authority of any department of 31[the Central Governme nt or a State Government,] the authority prescribed in this behalf, or where no authority is prescribed, the head of the department;(ii) in relation to an industr y carried on by or on behalf of a local authority, the chief executive officer o f that authority;32[(gg) "executive", in relation to a trade union, means the body , by whatever name called, to which the management of the affairs of the trade u nion is entrusted;]33[** *](i) a person shall be deemed to be "independent" for the purpose of his appointment as the chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Boar d, Court or Tribunal or with any industry directly affected by such dispute:34[PRO VIDED that no person shall cease to be independent by reason only of the fact th at he is a shareholder of an incorporated company which is connected with, or li kely to be affected by, such industrial dispute; but in such a case, he shall di sclose to the appropriate government the nature and extent of the shares held by him in such company;]35[(j) "industry" means any business, trade, undertaking, ma nufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or a vocation of workmen;(k) "industrial dis pute" means any dispute or difference between employers and employers, or betwee n employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditi ons of labour, of any person;29[(ka) "Industrial establishment or undertaking" mea ns an establishment or undertaking in which any industry is carried on:PROVIDED th at where several activities are carried on in an establishment or undertaking an d only one or some of such activities is or are an industry or industries, then, -(a) if any unit of such establishment or undertaking carrying on any activity, be ing an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establish ment or undertaking;(b) if the predominant activity or each of the predominant act ivities carried on in such establishment or undertaking or any unit thereof is a n industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant a ctivity or activities, the entire establishment or undertaking or, as the case m ay be, unit thereof shall be deemed to be an industrial establishment or underta king;]36[(kk) "insurance company" means an insurance company as defined in section 2 of the Insurance Act 1938 (4 of 1938), having branches or other establishment s in more than one State;]37[(kka) "Khadi" has the meaning assigned to it in claus e (d) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);]37[38[(kkb) "Labour Court" means a Labour Court constituted under sectio n 7;]19[(kkk) "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery 39[or natural calamity or for any other connected reason] to give emp loyment to a workman whose name is borne on the muster rolls of his industrial e stablishment and who has not been retrenched;Explanation : Every workman whose nam e is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose duri ng normal working hours on any day and is not given employment by the employer w ithin two hours of his so presenting himself shall be deemed to have been laid-o ff for that day within the meaning of this clause:PROVIDED that if the workman, in stead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:PROVIDED FURTHER that if he is not given any such em ployment even after so presenting himself, he shall not be deemed to have been l aid-off for the second half of the shift for the day and shall be entitled to fu

ll basic wages and dearness allowance for that part of the day;](l)"lock-out" mean s the 39[ temporary dosing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons emplo yed by him;18[(1a) "major port" means a major port as defined in clause (8) of sec tion 3 of the Indian Ports Act, 1908 (15 of 1908);(1b) "mine" means a mine as defi ned in clause (j) of sub-section (1) of section 2 of the mines Act, 1952 (35 of 1952);]38[(ll) "National Tribunal" means a National Industrial Tribunal constitute d under section 7B;]32[(lll) "office bearer", in relation to a trade union, includ es any member of the executive thereof, but does not include an auditor;](m) "pres cribed" means prescribed by rules made under this Act;(n) "public utility service" means-(i) any railway service 40[or any transport service for the carriage of pas sengers or goods by air];41[(ia) any service in, or in connection with the working of , any major port or dock;](ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed the rein depends;(iii) any postal, telegraph or telephone service;(iv) any industry whic h supplies power, light or water to the public;(v) any system of public conservanc y or sanitation;(vi) any industry specified in the 42[First Schedule] which the ap propriate government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public uti lity service for the purposes of this Act, for such period as may be specified i n the notification:PROVIDED that the period so specified shall not, in the first i nstance, exceed six months but may, by a like notification, be extended from tim e to time, by any period not exceeding six months, at any one time if in the opi nion of the appropriate government public emergency or public interest requires such extension;(o) "railway company" means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890);19[(oo) "retrenchments" means the termination by the employer of the service of a workman for any reason whatsoeve r, otherwise than as a punishment inflicted by way of disciplinary action but do es not include-(a) voluntary retirement of the workman; or(b) retirement of the work man on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or43 [(bb) termination of the service of the workman as a result of the non-renewal o f the contract of employment between the employer and the workman concerned on i ts expiry or of such contract being terminated under a stipulation on that behal f contained therein; or](c) termination of the service of a workman on the ground of continued ill-health;]44[(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the e mployer and workmen arrived at otherwise than in the course of conciliation proc eeding where such agreement has been signed by the parties thereto in such manne r as may be prescribed and a copy thereof has been sent to 45[an officer authori sed in this behalf by] the appropriate government and the conciliation officer;](q ) "strike" means a cessation of work by a body of persons employed in any indust ry acting in combination or a concerted refusal, or a refusal, under; a common u nderstanding of any number of persons who are or have been so employed to contin ue to work or to accept employment;46(qq) "trade union" means a trade union regist ered under the Trade Union Act, 1926, (16 of 1926);]47[(r) "Tribunal" means an Ind ustrial Tribunal constituted under section 7A and includes an Industrial Tribuna l constituted before the 10th day of March, 1957, under this Act;]47[(ra) "unfair labour practice" means any of the practices specified in the Fifth Schedule;(rb) " village industries" has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);]48[(rr) "wage s" means all remuneration capable of being expressed in terms of money, which wo uld, if the terms of employment, expressed or implied, were fulfilled, be payabl e to a workman in respect of his employment or of work done in such employment, and includes-(i) such allowances (including dearness allowance) as the workman is for the time being entitled to;(ii) the value of any house accommodation, or of su pply of light, water, medical attendance or other amenity or of any service or o f any concessional supply of food grains or other articles;(iii) any travelling co ncession;47[(iv) any commission payable on the promotion of sales or business or b oth;]but does not include-(a) any bonus;(b)any contribution paid or payable by the emp

loyer to any pension fund or provident fund or for the benefit of the workman un der any law for the time being in force;(c) any gratuity payable on the terminatio n of his service;]49[(s) "workman" means any person (including an apprentice emplo yed in any industry to do any manual, unskilled, skilled, technical, operational , clerical or supervisory work for hire or reward, whether the terms of employme nt be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dism issed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the Air Force Act, 195 0 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other emp loyee of a prison; or(iii) who is employed mainly in a managerial or administrativ e capacity; or(iv) who, being employed in a supervisory capacity, draws wages exce eding one thousand six hundred rupees per mensem or exercises, either by the nat ure of the duties attached to the office or by reason of the powers vested in hi m, function mainly of a managerial nature.]50[2A. Dismissal, etc., of an individua l workman to be deemed to be an industrial disputeWhere any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual work man, any dispute or difference between that workman and his employer connected w ith, or arising out of, such discharge, dismissal, retrenchment or termination s hall be deemed to be an industrial dispute notwithstanding that no other workman 3. Works union of THISIn is AUTHORITIES CHAPTER II UNDER workmen1947a party to industrial establishment in which one hu INDUSTRIAL DISPUTES ACT, the case of anythe dispute.] nor any Committee(1) ACT ndred or more workmen are employed or have been employed on any day in the prece ding twelve months, the appropriate government may by general or special order r equire the employer to constitute in the prescribed manner a Works Committee con sisting of representatives of employers and workmen engaged in the establishment , so however that the number of representatives of workmen on the Committee shal l not be less than the number of representatives of the employer. The representa tives of the workmen shall be chosen in the prescribed manner from among the wor kmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926).(2) It shal l be the duty of the Works Committee to promote measures for securing and preser ving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to co mpose any material difference of opinion in respect of such matters.4. Conciliatio n officers(1) The appropriate. government may, by notification in the Official Ga zette, appoint such number of persons, as it thinks fit to be conciliation offic ers, charged with the duty of mediating in and promoting the settlement of indus trial disputes.(2) A conciliation officer may be appointed for a specified area o r for specified industries in a specified area or for one or more. specified ind ustries and either permanently or for a limited period.5. Boards of Conciliation(1) The appropriate government may as occasion arises by notification in the Offici al Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute.(2) A Board shall consist of a Chairman and two or four other members, as the appropriate government thinks fit.(3) The Chairman shall be an i ndependent person and the other members shall be persons appointed in equal numb ers to represent the parties to the dispute and any person appointed to represen t a party shall be appointed on the recommendation of that party:PROVIDED that, i f any party fails to make a recommendation as aforesaid within the prescribed ti me, the appropriate government shall appoint such persons as it thinks fit to re present that party.(4) A Board, having the prescribed quorum, may act notwithstan ding the absence of the Chairman or any of its members or any vacancy in its num ber:PROVIDED that, if the appropriate government notifies the Board that the serv ices of the Chairman or of any other member have ceased to be available, the Boa rd shall not act until a new Chairman or member, as the case may be, has been ap pointed.6. Courts of Inquiry(1) The appropriate government may, as occasion arises by notification in the Official Gazette, constitute a Court of Inquiry for inqui ring into any matter appearing to be connected with or relevant to an industrial dispute.(2) A court may consist of one independent person or of such number of i

ndependent persons as the appropriate government may think fit and where a court consists of two or more members, one of them shall be appointed as the Chairman .(3) A court, having the prescribed quorum, may act not with standing the absence of the Chairman or any of its members or any vacancy in its number:PROVIDED that , if the appropriate government notifies the court that the services of the Chai rman have ceased to be available, the court shall not act until a new Chairman h as been appointed.51[7. Labour Courts(1) The appropriate government may, by notific ation in the Official Gazette, constitute one or more Labour Courts for the adju dication of industrial disputes relating to any matter specified in the Second S chedule and for performing such other functions as may be assigned to them under this Act.(2) A Labour Court shall consist of one person only to be appointed by the appropriate government.(3) A person shall not be, qualified for appointment a s the presiding officer of a Labour Court, unless-52[(a) he is, or has been, a ju dge of a High Court; or(b) he has, for a period of not less than three years, bee n a District Judge or an Additional District Judge; or]53[* * *]54[(d) he has held any judicial office in India for not less than seven years; or54[(e)] he has bee n the presiding officer of a Labour Court constituted under any Provincial Act o r State Act for not less than five years.7A. Tribunals(1) The appropriate governme nt may, by notification in the Official Gazette, constitute one or more Industri al Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule 55[and for perfo rming such other functions as may be assigned to them under this Act].(2) A Tribu nal shall consist of one person only to be appointed by the appropriate governme nt.(3) A person shall not be qualified for appointment as the presiding officer o f a Tribunal unless-(a) he is, or has been, a Judge of a High Court; or56[(aa) he has, for a period of not less than three-years, been a District judge or an Addi tional District Judge; 57[* * *](4) The appropriate government may, if it so thin ks fit, appoint two persons as assessors to advise the Tribunal in the proceedin g before it.7B. National Tribunals(1) The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals fo r the adjudication of industrial disputes which, in the opinion of the Central G overnment, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be inte rested in, or affected by, such disputes.(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.(3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal 58 [unless he is, or has been, a Judge of a High Court.(4) The Central Government ma y, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.7C. Disqualifications for the presiding offi cers of Labour Courts, Tribunals and National TribunalsNo person shall be appoint ed to, or continue in, the office of the presiding officer of a Labour Court, Tr ibunal or National Tribunal, if-(a) he is not an independent person; or(b) he has attained the age of sixty-five years.]60[CHAPTER effect any changeCHANGE conditi 9A. Notice of changeNo employer, who proposes to II-A : NOTICE OF in the ons of service applicable to any workman in respect of any matter specified in t he Fourth Schedule, shall effect such change,-(a) without giving to the workmen l ikely to be affected by such change a notice in the prescribed manner of the nat ure of the change proposed to be effected; or(b) within twenty-one days of giving such notice:PROVIDED that no notice shall be required for effecting any such cha nge-(a) where the change is effected in pursuance of any 61[ settlement or award] ; or(b) where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Contro l and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rul es, Civil Services Regulations, Civilians in Defence Services (Classification, C ontrol and Appeal) Rules or the Indian Railway Establishment Code or any other r ules or regulations that may be notified in this behalf by the appropriate Gover nment in the Official Gazette, apply.]9B. Power of government to exemptWhere the a ppropriate government is of opinion that the application of the provisions of se ction 9A to any class of industrial establishments or to any class of workmen em ployed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the ind

ustry concerned and that public interest so requires, the appropriate government may, by notification in the Official Gazette, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or 10.that class of disputesemployedTO BOARDS, COURTS OR TRIBUNALS to Reference CHAPTER IIIREFERENCE OF DISPUTES in courts or Tribunals(1) 63[Where the appropri workmen to Boards, any industrial establishment.62[* * *] ate government is of opinion that any industrial dispute exists or is apprehende (b) (a) refer the disputeappearing tofor promoting with or relevant to the d, it may at any time], by order in writing- a settlement thereof; ordispute t any matter to a Board be connected 64[(c) refer inquiry; or o a court forthe dispute or any matter appearing to be connected with, or releva nt to, the dispute, if it relates to any matter specified in the Second Schedule (d) a Labour dispute or any matter appearing to be connected with, or relevant , torefer the Court for adjudication; or to, the dispute , whether it relates to any matter specified in the Second Sched ule or the Third Schedule, to a Tribunal for adjudication:PROVIDED that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a Labour Court under clause (c):]65[PROVIDED FURTHER that] where the dispute relates to a public utility service and a notic e under section 22 has been given, the appropriate government shall, unless it c onsiders that the notice has been frivolously or vexatiously given or that it wo uld be inexpedient so to do. make a reference under this sub-section notwithstan ding that any other proceedings under this Act in respect of the dispute may hav e commenced:66[PROVIDED ALSO that where the dispute in relation to which the Cent ral Government is the appropriate government, it shall be competent for that gov ernment to refer the dispute to a Labour Court or an Industrial Tribunal, as the 67[(1A) Where constituted by the State Government] that any industrial dispute e case may be, the Central Government is of opinion xists or is apprehended and the dispute involves any question of national import ance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, then, the Central Gov ernment may, whether or not it is the appropriate government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appe aring to be connected with, or relevant to, the dispute, whether it relates to a ny matter specified in the Second Schedule or the Third Schedule to a National T (2) Where the parties to an ribunal for adjudication.] industrial dispute apply in the prescribed manner, w hether jointly or separately, for a reference of the dispute to a Board, court, 68[Labour Court, Tribunal or National Tribunal], the appropriate government, if satisfied that the persons applying represent the majority of each party, shall 29[(2A) reference accordingly. make theAn order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal under this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall submit its award on such dispu te to the appropriate government:PROVIDED that where such industrial dispute is c onnected with an individual workman, no such period shall exceed three months:PRO VIDED FURTHER that where the parties to an industrial dispute apply in the presc ribed manner, whether jointly or separately, to the Labour Court, Tribunal or Na tional Tribunal for extension of such period or for any other reason, and the pr esiding officer of such Labour Court, Tribunal or National Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit:PROVID ED ALSO that in computing any period specified in this sub-section, the period, if any, for which the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction or order of a civil court shall be ex cluded:PROVIDED ALSO that no proceedings before a Labour Court, Tribunal or Natio nal Tribunal shall lapse merely on the ground that any period specified under th (3) Where an industrial dispute has been referred to a Board,68[Labour is sub-section had expired without such proceedings being completed.] Court, Tr ibunal or National Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any strike or lock-out in connection with s 34[ (4) Where in may be referring an industrial dispute to 68[a Labour Court, uch dispute whichan orderin existence on the date of the reference. Tribunal or National Tribunal] under this section or in a subsequent order, the appropriate government has specified the points of dispute for adjudication, 68[ the Labour Court or the Tribunal or the National Tribunal, as the case may be,] (5) Where a dispute concerning any establishment or establishments has been, or shall confine its adjudication to those points and matters incidental thereto.

is to be, referred to a 69[Labour Court, Tribunal or National Tribunal] under th is section and the appropriate government is of opinion, whether on an applicati on made to it in this behalf or otherwise, that the dispute is of, such a nature that any other establishment, group or class of establishments of a similar nat ure is likely to be interested in, or affected by, such dispute, the appropriate government may, at the time of making the reference or at any time thereafter b ut before the submission of the award, include in that reference such establishm ent, group or class of establishments, whether or not at the time of such inclus ion any dispute exists or is apprehended in that establishment, group or class o 70[ (6) Where any f establishments.]reference has been made under sub-section (1A) to a National T ribunal, then notwithstanding anything contained in this Act, no Labour Court or Tribunal shall have jurisdiction to adjudicate upon any matter which is underadj (a) if the matter under adjudication before the National udication before the National Tribunal, and accordingly- Tribunal is pending in a proceeding before a Labour Court or Tribunal, the proceeding before the Labour Court or the Tribunal, as the case may be, insofar as it relates to such matter , shall be deemed to have been quashed on such reference to the National Tribuna (b) it l; and shall not be lawful for the appropriate government to refer the matter un der adjudication before the National Tribunal to any Labour Court or Tribunal fo r adjudication during the pendency of the proceeding in relation to such matter 18[Explanation: In Tribunal. before the Nationalthis sub-section "Labour Court" or "Tribunal" includes any co urt or Tribunal or other authority constituted under any law relating to investi (7) Where settlement of dispute, in relation to which the Central Government is gation andany industrial industrial disputes in force in any State.] not the appropriate government, is referred to a National Tribunal, then, notwi thstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the appropriate gove rnment in relation to such dispute shall be construed as a reference to the Cent ral Government but, save as aforesaid and as otherwise expressly provided in thi s Act, any reference in any other provision of this Act to the appropriate gover nment in relation to that dispute shall mean a reference to the State Government .] 29[(8) No proceedings pending before a Labour Court, Tribunal or National Tribun al in relation to an industrial dispute shall lapse merely by reason of the deat h of any of the parties to the dispute being a workman, and such Labour Court, T ribunal or National Tribunal shall complete such proceedings and submit its awar (1) the any industrial dispute 70[10A. Voluntary reference of disputes or is apprehended and the employer and t d toWhereappropriate government.]exists to arbitration he workman agree to refer the dispute to arbitration, they may, at any time befo re the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal by a written agreement, refer the dispute to arbitration an d the reference shall be to such person or persons (including the presiding offi cer of a Labour Court or Tribunal, or National Tribunal) as an arbitrator or arb 71[(1A) as may arbitration agreement provides for a reference of the dispute t itratorsWhere anbe specified in the arbitration agreement. o an even number of arbitrators the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrato rs are equally divided in their opinion, and the award of the umpire shall preva il and shall be deemed to be the arbitration award for the purposes of this Act. ]2) An arbitration agreement referred to in sub-section (1) shall be in such for ( m and shall be signed by the parties thereto in such manner as may be prescribed .3) A copy of the arbitration agreement shall be forwarded to the appropriate go ( vernment and the conciliation officer and the appropriate government shall, with in 72[one month] from the date of the receipt of such copy, publish the same in 71[(3A) Where an industrial dispute has been referred to arbitration and the app the Official Gazette. ropriate government is satisfied that the persons making the reference represent the majority of each party, the appropriate government may, within the time ref erred to in sub-section (3), issue a notification in such manner as maybe prescr ibed; and when any such notification is issued, the employers and workmen who ar e not parties to the arbitration agreement but are concerned in the dispute, sha ll be given an opportunity of presenting their case before the arbitrator or arb (4) The arbitrator or arbitrators shall investigate the dispute and submit to th itrators.] e appropriate government the arbitration award signed by the arbitrator or all t 71[(4A) Where an industrial dispute he arbitrators, as the case may be. has been referred to arbitration and a notif ication has been issued under sub-section (3A), the appropriate government may,

by order, prohibit the continuance of any strike or lock-out in connection with (5) dispute which Arbitration Act, 1940 (10 of 1940), shall apply to suchNothing in the maybe in existence on the date of the reference.] arbitratio CHAPTER this section.] of conciliation AUTHORITIES ns underIVPROCEDURE, POWERS AND DUTIES OFofficers, Board, courts and Tribunals a 11. Procedure and powers nd National Tribunals73[(1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, court, Labour Court, Tribunal or National Tribunal shal l follow such procedure as the arbitrator or other authority concerned may think fit.](2) A conciliation officer or a member of a board 74[or court or the presid ing officer of a Labour Court, Tribunal or National Tribunal] may for the purpos e of inquiry into any existing or apprehended industrial dispute, after giving r easonable notice, enter the premises occupied by any establishment to which the dispute relates.(3) Every Board, court, 75[Labour Court, Tribunal and National Tr ibunal] shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure,1908 (5 or 1908), when trying a suit, in respect of the foll owing matters, namely:-(a) enforcing the attendance of any person and examining h im on oath;(b) compelling the production of documents and material objects;(c) iss uing commissions for the examination of witnesses;(d) in respect of such other ma tters as may be prescribed,and every inquiry or investigation by a Board, court, 76[Labour Court, Tribunal or National Tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 to 1860).(4) A conciliation officer 77[may enforce the attendance of any pers on for the purpose of examination of such person or call for] and inspect any do cument which he has ground for considering to be relevant to the industrial disp ute 78[or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), 77[ in respect of enforcing the attendance of any person and examining him or of com pelling the production of documents]] .79[(5) A court, Labour Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or more persons having s pecial knowledge of the matter under consideration as an assessor or assessors t o advise it in the proceeding before it.(6) All conciliation officers, members of a Board or court and the presiding officers of a Labour Court, Tribunal or Nati onal Tribunal shall be deemed to be public servants within the meaning of sectio n 21 of the Indian Penal Code (45 of 1860).(7) Subject to any rules made under th is Act the costs of, and incidental to, any proceeding before a Labour Court, Tr ibunal or National Tribunal shall be in the discretion of that Labour Court, Tri bunal or National Tribunal, and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full power to determine by and to whom and to wh at extent and. subject to what conditions, if any, such costs are to be paid, an d to give all necessary directions for the purposes aforesaid and such costs may , on application made to the appropriate government by the person entitled, be r ecovered by that government in the same manner as an arrear of land revenue.]80[ (8) Every 81[Labour Court, Tribunal or National Tribunal] shall be deemed to be civil court for the purposes of 82[sections 345, 346, and 348 of the Code of Cri minal Procedure, 1973 (2 of 1974).]83[11A. Powers of Labour Court Tribunal, and N ational Tribunal to give appropriate relief in case of discharge or dismissal of workmenWhere an industrial dispute relating to the discharge or dismissal of a w orkman has been referred to a Labour Court, Tribunal or National Tribunal for ad judication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to th e workman including the award of any lesser punishment in lieu of discharge or d ismissal as the circumstances of the case may require:PROVIDED that in any procee ding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any f resh evidence in relation to the matter.]12. Duties of conciliation officers(1) Whe re any industrial dispute exists or is apprehended, the conciliation officer may , or where the dispute relates to a public utility service and a notice under se

ction 22 has been given, shall, hold conciliation proceedings in the prescribed manner.(2) The conciliation officer shall, for the purpose of bringing about a se ttlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.(3) If a settlement of the dispute or of any o f the matters in dispute is arrived at in the course of the conciliation proceed ings the conciliation officer shall send a report thereof to the appropriate gov ernment 84[or an officer authorised in this behalf by the appropriate government ] together with a memorandum of the settlement signed by the parties to the disp ute.(4) If no such settlement is arrived at , the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriat e Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a se ttlement thereof, together with a full statement of such facts and circumstances , and the reasons on account of which, in his opinion, a settlement could not be arrived at.(5) If, on a consideration of the report referred to in sub-section ( 4), the appropriate government is satisfied that there is a case for reference t o a Board, 85[Labour Court, Tribunal or National Tribunal], it may make such ref erence. Where the appropriate government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.(6) A repor t under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed b y the appropriate government:38[PROVIDED that, 18[subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispu te.]13. Duties of Board(1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board shall, in such manner as it thinks fi t and without delay, investigate the dispute and all matters affecting the merit and the right settlement thereof and may do all such things as it thinks fit fo r the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.(2) If a settlement of the dispute or of any of the matter in disp ute is arrived at in the course of the conciliation proceedings, the Board shall send a report thereof to the appropriate government together with a memorandum of the settlement signed by the parties to the dispute.(3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the in vestigation, send to the appropriate government a full report setting forth the proceedings and steps taken by the Board for ascertaining the facts and circumst ances relating to the dispute and for bringing about a settlement thereof, toget her with a full statement of such facts and circumstances, its findings thereon, the reasons on account of which, in its opinion, a settlement could not be arri ved at and its recommendations for the determination of the dispute.(4) If, on th e receipt of a report under sub-section (3) in respect of a dispute relating to a public utility service, the appropriate government does not make a reference t o a 86[Labour Court, Tribunal or National Tribunal] under section 10, it shall r ecord and communicate to the parties concerned its reasons therefor.(5) The Board shall submit its report under this section within two months of the date 87[on which the dispute was referred to it] or within such shorter period as may be fi xed by the appropriate government:PROVIDED that the appropriate Government may fr om time to time extend the time for the submission of the report by such further periods not exceeding two months in the aggregate:PROVIDED FURTHER that the time for the submission of the report may be extended by such period as may be agree d on in writing by all the parties to the dispute.14. Duties of courtsA court shall inquire into the matters referred to it and report thereon to the appropriate g overnment ordinarily within a period of six months from the commencement of its inquiry.101[15. Duties of Labour Courts, Tribunals and National TribunalsWhere an in dustrial dispute has been referred to a Labour Court, Tribunal or National Tribu nal for adjudication, it shall hold its proceedings expeditiously and shall, 102 [within the period specified in the order referring such industrial dispute or t

he further period extended under the second proviso to sub-section (2A) of secti on 10], submit its award to the appropriate government.16. Form of report or award( 1) The report of a Board or court shall be in writing and shall be signed by all the members of the Board or court, as the case may be :PROVIDED that nothing in this section shall be deemed to prevent any member of the Board or court from re cording any minute of dissent from a report or from any recommendation made ther ein.(2) The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its presiding officer.17.Publication of report and award(1) Every report of a Board or court together with any minute of dissent rec orded therewith, every arbitration award and every award of a Labour Court, Trib unal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate government, be published in such manner as the a ppropriate government thinks fit.(2) Subject to the provisions of section 17A, th e award published under sub-section (1) shall be final and shall not be called i n question by any court in any manner whatsoever.17A. Commencement of the award(1) An award (including an arbitration award) shall become enforceable on the expir y of thirty days from the date of its publication under section 17:PROVIDED that-( a) if the appropriate government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or(b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal,that it will be inexpedient on public grounds affecting national economy or social justice to give effect t o the whole or any part of the award, the appropriate government, or as the case may be, the Central Government may, by notification in the Official Gazette, de clare that the award shall not become enforceable on the expiry of the said peri od of thirty days.(2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate government or the Central Government may, within ninety days from the date of publication of the award un der section 17, make an order rejecting or modifying the award, and shall, on th e first available opportunity, lay the award together with a copy of the order b efore the Legislature of the State, if the order has been made by a State Govern ment, or before Parliament, if the order has been made by the Central Government .(3) Where any award as rejected or modified by an order made under sub-section ( 2) is laid before the Legislature of a State or before Parliament, such award sh all become enforceable on the expiry of fifteen days from the date on which it i s so laid; and where no order under sub-section (2) is made in pursuance of a de claration under the proviso to sub-section (1), the award shall become enforceab le on the expiry of the period of ninety days referred to in sub-section (2).(4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the e nforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it sha ll come into operation on the date when the award becomes enforceable under subsection (1) or sub-section (3), as the case may be.]103[17B. Payment of full wage s to workman pending proceedings in higher courtsWhere in any case, a Labour Cour t, Tribunal or National Tribunal by its award directs reinstatement of any workm an and the employer prefers any proceedings against such award in a High Court o r the Supreme Court, the employer shall be liable to pay such workman, during th e period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effe ct in such court:PROVIDED that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been rec eiving adequate remuneration during any such period or part thereof, the court s hall order that no wages shall be payable under this section for such period or 22. Prohibition ofmay be.]CHAPTER VSTRIKES ANDperson employed in a public utility part, as the case strikes and Lockouts(1) No LOCK-OUTS service shall go on strike in breach of contract-(a) without giving to the emplo yer notice of strike, as hereinafter provided, within six weeks before striking; or(b) within fourteen days of giving such notice; or(c) before the expiry of the date of strike specified in any such notice as aforesaid; or(d) during the penden

cy of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.(2) No employer carrying on any public u tility service shall lock-out any of his workmen-(a) without giving them notice o f lock-out as hereinafter provided, within six weeks before locking-out; or(b) wi thin fourteen days of giving such notice; or(c) before the. expiry of the date of lock-out specified in any such notice as aforesaid. or(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.(3) The notice of lock-out or strike under th is section shall not be necessary where there is already in existence a strike o r, as the case may be, lock-out in the public utility service, but the employer shall send intimation of such lock-out or strike on the day on which it is decla red, to such authority as may be specified by the appropriate government either generally or for a particular area or for a particular class of public utility s ervices.(4) The notice of strike referred to in sub-section(l) shall be given by such number of persons to such person or persons and in such manner as maybe pre scribed.(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.(6) If on any day an employer receives from a ny person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in s ub-section (2), he shall within five days thereof report to the appropriate gove rnment or to such authority as that government may prescribe, the number of such notices received or given on that day.23. General prohibition of strikes and Lock outsNo workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lockout-(a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings;(b) during the pendency of proceedi ngs before 122[a Labour Court, Tribunal or National Tribunal] and two months, af ter the conclusion of such proceedings; 123[* * *]107[(bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusio n of such proceedings, where a notification has been issued under sub-section (3 A) of section l0A; or](c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.24. Illegal strikes and Lockouts(1) A strike or lock-out shall be illegal if-(i) it i s commenced or declared in contravention of section 22 or section 23; or(ii) it i s continued in contravention of an order made under sub-section (3) of section 1 0 107[or sub-section (4A) of Section 10A].(2) Where a strike or lock-out in pursu ance of an industrial dispute has already commenced and is in existence at the t ime of the reference of the dispute to a Board, 107[an arbitrator, a]117[Labour Court, Tribunal or National Tribunal], the continuance of such strike or lock-ou t shall not be deemed to be illegal, provided that such strike or lock out was n ot at its commencement in contravention of the provisions of this Act or the con tinuance thereof was not prohibited under sub-section (3) of section 10 107[or s ub-section (4A) of section 10A].(3) A lock-out declared in consequence of an ille gal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.25. Prohibition of financial aid to illegal strikes and Lo ckoutsNo person shall knowingly expend or apply any money in direct furtherance o 25A. Application of sections 25C to 25E(1) 124[CHAPTER any LAY-OFF AND RETRENCHMENT Sections 25C to 25E inclusive 125[shal r support ofVA : illegal strike or lock-out. l not apply to Industrial Establishments to which Chapter VB applies, or]-(a) to industrial establishments in which less than fifty workmen on an average per wor king day have been employed in the preceding calendar month; or(b) to industrial establishments which are of a seasonal character or in which work is performed o nly intermittently.(2) If a question arises whether an industrial establishment i s of a seasonal character or whether work is performed therein only intermittent ly, the decision of the appropriate government thereon shall be final.126[Explana tion: In this section and in sections 25C, 25D and 25E, "industrial establishmen t" means-(i) a factory as defined in clause (m) of section 2 of the Factories Act , 1948 (63 of 1948); or(ii) a mine as defined in clause (j) of section 2 of the M ines Act, 1952 (35 of 1952); or(iii) a plantation as defined in clause (f) of sec tion 2 of the Plantations Labour Act, 1951 (69 of 1951)]128[25C. Right of workmen laid-off for compensationWhenever a workman (other than a badli workman or a cas

ual workman) whose name is borne on the muster rolls of an industrial establishm ent and who has completed not less than one year of continuous service under an employer is laid-off, whether continuously or intermittently, he shall be paid b y the employer for all days during which he is so laid-off, except for such week ly holidays as may intervene, compensation which shall be equal to fifty per cen t, of the total of the basic wages and dearness allowance that would have been p ayable to him had he not been so laid-off:PROVIDED that if during any period of t welve months, a workman is so laid-off for more than forty-five days, no such co mpensation shall be payable in respect of any period of the lay-off after the ex piry of the first forty-five days, if there is an agreement to that effect betwe en the workman and the employer:PROVIDED FURTHER that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workma n in accordance with the provisions contained in section 25F at any time after t he expiry of the first forty five days of the lay off and when he does so, any c ompensation paid to the workman for having been laid off during the preceding tw elve months may be set off against the compensation payable for retrenchmentsExpl anation: "Badli workman" means a workman who is employed in an industrial establ ishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this. section, if he has completed one year of continuous service in the establ ishment.]25D. Duty of an employer to maintain muster rolls of workmenNotwithstandi ng that workmen in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of this Chapter a muster roll, and to provide for the making of entries therein by workmen who may prese nt themselves for work at the establishment at the appointed time during normal working hours.25E. Workmen not entitled to compensation in certain casesNo compens ation shall be paid to a workman who has been laid-off-(i) if he refuses to accep t any alternative employment in the same establishment from which he has been la id off, or in any other establishment belonging to the same employer situate in the same town or village or situate within a radius of five miles from the estab lishment to which he belongs, if, in the opinion of. the employer, such alternat ive employment does not call. for any special skill or previous experience and c an be done by the workman, provided that the wages which would normally have bee n paid to the workman are offered for the alternative employment also;(ii) if he does not present himself for work at the establishment at the appointed time dur ing normal working hours at least once a day;(iii) if such laying-off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment.25F. Conditions precedent to retrenchment of workmenNo workman e mployed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until-(a) the workma n has been given one month s notice in writing indicating the reasons for retrench ment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;129[* * *](b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent t o fifteen days average pay130[for every completed year of continuous service] or any part thereof in excess of six months; and (c) notice in the prescribed manne r is served on the appropriate government 107[for such authority as may be speci fied by the appropriate government by notification in the Official Gazette].132[2 5FFA. Sixty days notice to be given of intention to close down any undertaking(1) A n employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a not ice, in the prescribed manner, on the appropriate government stating clearly the reasons for the intended closure of the undertaking:PROVIDED that nothing in thi s section shall apply to-(a) an undertaking in which-(i) less than fifty workmen a re employed, or(ii) less than fifty workmen were employed on an average per worki ng day in the preceding twelve months.(b) an undertaking set up for the construct ion of buildings, bridges, roads, canals, dams or for other construction work or project.(2) Notwithstanding anything contained in sub-section (1), the appropria te government may, if it is satisfied that owing to such exceptional circumstanc es as accident in the undertaking or death of the employer or the like, it is ne

cessary so to do, by order, direct that provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order.]133[25FFF. Compensation to workmen in case of closing down of undertaking s(1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaki ng immediately before such closure shall, subject to the provisions of sub-secti on (2), be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched:PROVIDED that where the un dertaking is closed down on account of unavoidable circumstances beyond the cont rol of the employer, the compensation to be paid to the workman under clause (b) of section 25F, shall not exceed his average pay for three months:134[Explanatio n: An undertaking which is closed down by reason merely of-(i) financial difficul ties (including financial losses); or(ii) accumulation of undisputed off stocks; or(iii) the expiry of the period of the lease or licence granted to it; or(iv) in case where the undertaking is engaged in mining operations, exhaustion of the mi nerals in the area in which operations are carried on,shall not be deemed to be c losed down on account of unavoidable circumstances beyond the control of the emp loyer within the meaning of the proviso to this sub-section.]135[(1A) Notwithstan ding anything contained in sub-section (1), where an undertaking engaged in mini ng operations is closed down by reason merely of exhaustion of the minerals in t he area in which such operations are carried on, no workman referred to in that sub-section shall be entitled to any notice or compensation in accordance with t he provisions of section 25F, if-(a) the employer provides the workman with alter native employment with effect from the date of closure at the same remuneration as he was entitled to receive, and on the same terms and conditions of service a s were applicable to him, immediately before the closure;(b) the service of the w orkman has not been interrupted by such alternative employment; and(c) the employ er is , under the terms of such alternative employment or otherwise, legally lia ble to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment.(1B) For the purposes of sub-sections (l) and (1A), the e xpressions "minerals" and "mining operations" shall have the meanings respective ly assigned to them in clauses (a)and (d) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957).](2) Where any undertaking s et up for the construction of buildings, bridges, roads, canals, dams, or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set up, no workman em ployed therein shall be entitled to any compensation under clause (b) of section 25F, but if the construction work is not so completed within two years, he shal l be entitled to notice and compensation under that section for every 136[comple ted year of continuous service] or any part thereof in excess of six months].25G. Procedure for retrenchmentWhere any workman in an industrial establishment who i s a citizen of India, is to be retrenched and he belongs to a particular categor y of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman.25H. Re-employme nt of retrenched workmenWhere any workmen are retrenched, and the employer propos es to take into his employ any persons, he shall, in such manner as may be presc ribed, give an opportunity 127[to the retrenched workmen who are citizens of Ind ia to offer themselves for re-employment, and such retrenched workmen] who offer themselves for re-employment shall have preference over other persons.25-I. Reco very of moneys due from employers under this Chapter[Repealed by the Industrial D isputes (Amendment and Miscellaneous Provisions) Act, 1956 (36 of 1956), s. 19 w .e.f. 10th. March, 1957]25J. Effect of laws inconsistent with this Chapter(1) The provisions of this Chapter shall have effect notwithstanding anything in consist ent therewith contained in any other law including standing orders made under th e Industrial Employment (Standing Orders) Act, 1946 (20 of 1946):137[PROVIDED tha t where under the provisions of any other Act or Rules, orders or notifications issued thereunder or under any standing orders or any award, contract of service

or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this A ct; the workman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.](2) For the removal of doubts, it is hereby declar ed that nothing contained in this Chapter shall be deemed to affect the provisio ns of any other law for the time being in force in any State insofar as that law provides for the settlement of industrial disputes, but the rights and liabilit ies of employers and workmen insofar as they relate to lay-off and retrenchment CHAPTER determined LOCK-OUTS shall beVSTRIKES:ANDin accordance with the provisions of this Chapter.]AND CLOSU 138[CHAPTER V-B SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT 25K. CERTAIN ESTABLISHMENTS RE INApplication of Chapter V-B(1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than 139[on e hundred] workmen were employed on an, average per working day for the precedin g twelve months.(2) If a question arises whether an industrial establishment is o f a seasonal character or whether work is performed therein only intermittently, 25L. decision of thethe purposes of this Chapter,-(a) "industrial establishment" m the DefinitionsFor appropriate government thereon shall be final. eans-(i) a factory as defined in clause (m) of section 2 of the Factories Act. 19 48 (63 of 1948);(ii) a mine as defined in clause (j) of sub-section (1) of sectio n 2 of the Mines Act, 1952 (35 of 1952); or(iii) a plantation as defined in claus e (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);(b) notwithst anding anything contained in sub-clause (ii) of clause (a) of section 2,(i) in re lation to any company in which not less than fifty-one percent of the paid-up sh are capital is held by the Central, Government, or(ii) in relation to any corpora tion [not being a corporation referred to in sub-clause (i) of clause (a) of sec tion 2] established by or under any law made by Parliament, the Central Governme 25M. Prohibition of lay-off(1) No workman nt shall be the appropriate government. (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall be laid-off by his employer except 140[with the prior permission of the appropriate government or such authority as may be specified by that government by notification in the Official Gazette (hereafter in this section referred to as the specified authority), obtained on an applicat ion made in this behalf, unless such lay-off is due to shortage of power or to n atural calamity, and in the case of a mine, such lay-off is due also to fire, fl ood, excess of inflammable gas or explosion].141[ (2) An application for permissi on under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of such applicat ion shall also be served simultaneously on the workmen concerned in the prescrib ed manner.(3) Where the workmen (other than badli workmen or casual workmen) of i ndustrial establishment, being a mine, have been laid-off under sub-section (1) for reasons of fire, flood or excess of inflammable gas or explosion, the employ er, in relation to such establishment, shall, within a period of thirty days fro m the date of commencement of such lay-off, apply, in the prescribed manner, to the appropriate government or the specified authority for permission to continue the lay-off.(4) Where an application for permission under sub-section (1) or sub -section (3)has been made, the appropriate government or the specified authority , after making such enquiry as it thinks fit and after giving a reasonable oppor tunity of being heard to the employer, the workmen concerned and the persons int erested in such lay-off, may, having regard to the genuineness and adequacy of t he reasons for such lay-off, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the emp loyer and the workmen.(5) Where an application for permission under sub-section ( 1) or sub-section (3) has been made and the appropriate government or the specif ied authority does not communicate the order granting or refusing to grant permi ssion to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been gra nted on the expiration of the said period of sixty days.(6) An order of the appro priate government or the specified authority granting or refusing to grant permi ssion shall, subject to the provisions of sub-section (7), be final and binding

on all the parties concerned and shall remain in force for one year from the dat e of such order.(7) The appropriate government or the specified authority may, ei ther on its own motion or on the application made by the employer or any workman , review its order granting or refusing to grant permission under sub-section (4 ) or refer the matter or, as the case may be, cause it to be referred, to a Trib unal for adjudication:PROVIDED that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days f rom the date of such reference.(8) Where no application for permission under subsection (1) is made, or where no application for permission under sub-section (3 ) is made within the period specified therein, or where the permission for any l ay-off has been refused, such lay-off shall be deemed to be illegal from the dat e on which the workmen had been laid-off and the workmen shall be entitled to al l the benefits under any law for the time being in force as if they had not been laid-off.(9) Notwithstanding anything contained in the foregoing provisions of t his section, the appropriate government may, if it is satisfied that owing to su ch exceptional circumstances as accident in the establishment or death of the em ployer or the like, it is necessary so to do, by order, direct that the provisio ns of sub-section (1), or, as the case may be, sub-section (3) shall not apply i n relation to such establishment for such period as may be specified in the orde r.]142[(10)] The provisions of section 25C (other than the second proviso thereto ) shall apply to cases of lay-off referred to in this section.Explanation : For t he purposes of this section, a workman shall not be deemed to be laid-off by an employer if such employer offers any alternative employment (which in the opinio n of the employer does not call for any special skill or previous experience and can be done by the workman) in the same establishment from which he has been la id-off or in any other establishment belonging to the same employer, situate in the same town or village, or situate within such distance from the establishment to which he belongs that the transfer will not involve undue hardship to the wo rkman having regard to the facts and circumstances of his case, provided that th e wages which would normally have been paid to the workman are offered for the a 140[25N. Conditions precedent lternative appointment also. to retrenchment of workmen(1) No workman employed i n any industrial establishment to which this Chapter applies , who has been in c ontinuous service for not less than one year under an employer shall be retrench ed by that employer until,(a) the workman has been given three months notice in wr iting indicating the reasons for retrenchment and the period of notice has expir ed, or the workman has been paid in lieu of such notice, wages for the period of the notice; and (b) the prior permission of the appropriate government or such authority as may be specified by that government by notification in the Official Gazette (hereafter in this section referred to as the specified authority) has been obtained on an application made in this behalf.(2) An application for permis sion under sub-section (1) shall be made by the employer in the prescribed manne r stating clearly the reasons for the intended retrenchment and a copy of such a pplication shall also be served simultaneously on the workmen concerned in the p rescribed manner.(3) Where an application for permission under sub-section(l) has been made, the appropriate government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the workmen and all other relevant fac tors, by order and for reasons to be recorded in writing, grant or refuse to gra nt such permission and a copy of such order shall be communicated to the employe r and the workmen.(4) Where an application for permission has been made under sub -section (l) and the appropriate government or the specified authority does not communicate the order granting or refusing to grant permission to the employer w ithin a period of sixty days from the date on which such application is made, th e permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.(5) An order of the appropriate government or th e specified authority granting or refusing to grant permission shall, subject to the provisions of sub-section (6), be final and binding on all the parties conc erned and shall remain in force for one year from the date of such order.(6) The

appropriate government or the specified authority may, either on its own motion or on the application made by the employer or any workman, review its order gran ting or refusing to grant permission under sub-section (3) or refer the matter o r, as the case may be, cause it to be referred to a Tribunal for adjudication:PRO VIDED that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such ref erence.(7) Where no application for permission under sub-section (1) is made, or where the permission for any retrenchment has been refused, such retrenchment sh all be deemed to be illegal from the date on which the notice of retrenchment wa s given to the workman and the workman shall be entitled to all the benefits und er any law for the time being in force as if no notice had been given to him.(8) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptiona l circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-sec tion (1) shall not apply in relation to such establishment for such period as ma y be specified in the order.(9) Where permission for retrenchment has been grante d under sub-section (3) or where permission for retrenchment is deemed to be gra nted under sub-section (4), every workman who is employed in that establishment immediately before the date of application for permission under this section sha ll be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuo 102[25-O. or any part closing down an of six months.] us serviceProcedure forthereof in excessundertaking(1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least ni nety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended clos ure of the undertaking and a copy of such application shall also be served simul taneously on the representatives of the workmen in the prescribed manner:PROVIDED that nothing in this sub-section shall apply to an undertaking set up for the c onstruction of buildings, bridges, roads, canals, dams or for other construction work.(2) Where an application for permission has been made under sub-section(l), the appropriate government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regards to the, genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order. and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order s hall be communicated to the employer and the workmen.(3) Where an application has been made under sub-section (1) and the appropriate government does not communi cate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permi ssion applied for shall be deemed to have been granted on the expiration of the said period of sixty days.(4) An order of the appropriate government granting or refusing to grant permission shall, subject to the provisions of sub-section (5) , be final and binding on all the parties and shall remain in force for one year from the date of such order.(5) The appropriate government may, either on its ow n motion or on the application made by the employer or any workman, review its o rder granting or refusing to grant permission under sub-section (2) or refer the matter to a Tribunal for adjudication:PROVIDED that where a reference has been m ade to a Tribunal under this sub-section , it shall pass an award within a perio d of thirty days from the date of such reference.(6) Where no application for per mission under sub-section (l) is made within the period specified therein, or wh ere the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down.(7) Notwithstanding anything contained in t he foregoing provisions of this section, the appropriate government may, if it i s satisfied that owing to such exceptional circumstances as accident in the unde rtaking or death of the employer or the like it is necessary so to do, by order,

direct that the provisions of sub-section (1) shall not apply in relation to su ch undertaking for such period as may be specified in the order.(8) Where an unde rtaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed to be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for per mission under this section, shall be entitled to receive compensation which shal l be equivalent to fifteen days average pay for every completed year of continuou s service or any part thereof in excess of six months.]25P. Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976If the appropriate government is of opinion in res pect of any undertaking of an industrial establishment to which this Chapter app lies and which closed down before the commencement of the Industrial Disputes (A mendment) Act, 1976 (32 of 1976),-(a) that such undertaking was closed down other wise than on account of unavoidable circumstances beyond the control of the empl oyer;(b) that there are possibilities of restarting the undertaking;(c) that is ne cessary for the rehabilitation of the workmen employed in such undertaking befor e its closure or for the maintenance of supplies and services essential to the l ife of the community to restart the undertaking or both; and(d) that the restarti ng of the undertaking will not result in hardship to the employer in relation to the undertaking,it may, after giving an opportunity to such employer and workmen , direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one month from the date of t 25Q. Penalty may be specified in the order. he order ) asfor lay-off and retrenchment without previous permissionAny employer who contravenes the provisions of section 25M or 143[* * *] section 25N shall b e punishable with imprisonment for a term which may extend to one month, or with 25R. Penaltymay extend to one thousand rupees, or with both.undertaking without c fine which for closure(1) Any employer who closes down an omplying with the provisions of sub-section (1) of section 25-O shall be punisha ble with imprisonment for a term which may extend to six months or with fine whi ch may extend to five thousand rupees, or with both.(2) Any employer, who contrav enes 102[an order refusing to grant permission to close down an undertaking unde r sub-section (2) of section 25-O or a direction given under section 25P], shall be punishable with imprisonment for a term which may extend to one year, or wit h fine which may extend to five thousand rupees, or with both, and where the con travention is a continuing one, with a further fine which may extend to two thou sand rupees for every day during which the contravention continues after the con 25T. Prohibition*]UNFAIR LABOUR PRACTICES 145[CHAPTER V-C :of unfair labour practiceNo employer or workman or a trade union viction.144[* * , whether registered under the Trade Unions Act, 1926 (16 of 1926), or not, shal 25U. Penalty for committing unfair labour practicesAny person who commits any unf l commit any unfair labour practice. air labour practice shall be punishable with imprisonment for a term which may e xtend to six months or with fine which may extend to one thousand rupees or with 26. Penalty PENALTIES CHAPTER VI for illegal strikes and Lockouts(1) Any workman who commences, contin both.] ues or otherwise acts in furtherance of, a strike which is illegal under this Ac t, shall be punishable with imprisonment for a term which may extend to one mont h, or with fine which may extend to fifty rupees, or with both.(2) Any employer w ho commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, o r with both.27. Penalty for instigation, etc.Any person who instigates or incites o thers to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable with imprisonment for a te rm which may extend to six months, or with fine which may extend to one thousand rupees, or with both.28. Penalty for giving financial aid to illegal strikes and LockoutsAny person who knowingly expends or applies any money in direct furtheran ce or support of any illegal strike or lock-out shall be punishable with impriso nment for a term which may extend to six months, or with fine which may extend t o one thousand rupees, or with both.146[29. Penalty for breach of settlement or aw ardAny person who commits a breach of any term of any settlement or award, which is binding on him under this Act, shall be punishable with imprisonment for a te rm which may extend to six months, or with fine, or with both, 147[and where the breach is a continuing one, with a further fine which may extend to two hundred

rupees for every day during which the breach continues after the conviction for the first] and the Court trying the offence, if it fines the offender, may dire ct that the whole or any part of the fine realised from him shall be paid, by wa y of compensation, to any person who, in its opinion, has been injured by such b reach.]30. Penalty for disclosing Confidential informationAny person who wilfully d iscloses any such information as is referred to in section 21 in contravention o f the provisions of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment fo r a term which may extend to six months, or with fine which may extend to one th ousand rupees, or with both.132[30A. Penalty for closure without noticeAny employe r who closes down any undertaking without complying with the provisions of secti on 25FFA shall be punishable with imprisonment for a term which may extend to si x months, or with fine which may extend to five thousand rupees, or with both.]31. Penalty for other offences(1) Any employer who contravenes the provisions of sec tion 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both,(2) W hoever contravenes any of the provisions of this Act or any rule made thereunder shall, if no other penalty is elsewhere provided by or under this Act for such 162[THE FIRST be punishable with fine which BE DECLARED one PUBLIC UTILITY contravention,SCHEDULE : INDUSTRIES WHICH MAYmay extend toTO BEhundred rupees. S [Section 2(n)(vi)]1. Transport (other than OF SECTION 2 ERVICES UNDER SUB-CLAUSE (VI) OF CLAUSE (N)railways) for the carriage of passenge rs or goods, 163[by land or water].2.Banking.3.Cement.4.Coal.5.Cotton textiles6.Foods tuffs7.Iron and Steel.8.Defence establishments.9.Service in hospitals and dispensar ies.10.Fire Brigade Service.11.India Government Mints.12.India Security Press.13.Cop per Mining.14.Lead Mining.15Zinc Mining16 Iron Ore Mining.17 Service in any oilfield .165[* ** ]19. Service in the Uranium Industry.20. Pyrites Mining Industry.21. Secur ity Paper Mill, Hoshangabad.]]164[22. Service in the Bank Note Press, Dewas.23.Pho sphorite Mining.24. Magnesite Mining.25. Currency Note Press.26. Manufacture or pro duction of mineral oil (crude oil), motor and aviation spirit, diesel oil, keros ene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like.27. Service in the International Airports A uthority of India.]166[28. Industrial establishment, manufacturing or producing n uclear fuel and components, heavy water and allied chemicals, and atomic energy. ]HEThe propriety or : MATTERSof an order JURISDICTION OF LABOURunder the standin T SECOND SCHEDULE legality WITHIN THE passed by an employer COURTS(Section 7) 1. g orders;2. The application and interpretation of standing orders;3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed;4. Withdrawal of any customary concession or privilege;5. Ill egality or otherwise of a strike or lock-out; and6. All matters other than those THE THIRD SCHEDULE : MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS(Sect specified in the Third Schedule. 1. 7A) ionWages, including the period and mode of payment;2. Compensatory and other allo wances;3. Hours of work and rest intervals;4. Leave with wages and holidays;5. Bonu s, profit sharing, provident fund and gratuity;6. Shift working otherwise than in accordance with standing orders;7. Classification by grades;8. Rules of disciplin e;9. Rationalisation;10. Retrenchment of workmen and closure of establishment; and1 THE FOURTH SCHEDULE : CONDITIONS OF SERVICE 1. Any other matter that may be prescribed. FOR CHANGE OF WHICH NOTICE IS TO BE 1. Wages, including the period and mode of payment;2. Contribution paid, or payab GIVEN(Section 9A) le, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force;3. Compensatory and other a llowances;4. Hours of work and rest intervals;5. Leave with wages and holidays;6. S tarting, alteration or discontinuance of shift working otherwise than in accorda nce with standing orders;7. Classification by grades;8. Withdrawal of any customar y concession or privilege or change in usage.9. Introduction of new rules of disc ipline, or alteration of existing rules, except in so far as they are provided i n standing orders;10.Rationalisation, standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen;11. Any increase or reduction (other than casual) in the number of persons employed or to be employe d in any occupation or process or department or shift, 167[not occasioned by cir I. ON THE PARTSCHEDULEthe employer hasUNIONS OF EMPLOYERS(1) To interfere with, r 168[THE FIFTH which :UNFAIR TRADE no control]. cumstances overOF EMPLOYERS ANDLABOUR PRACTICES[Section 2(ra)] estrain from, or coerce, workmen in the exercise of their right to organise, for m, join or assist a trade union or to engage in concerted activities for the pur poses of collective bargaining or other mutual aid or protection, that is to say

.-(a) threatening workmen with discharge or dismissal, if they join a trade union ;(b) threatening a lock-out or closure, if a trade union is organised;(c) granting wage increase to workmen at crucial periods of trade union organisation, with a view to undermining the efforts of the trade union at organisation.(2) To domina te, interfere with or contribute support, financial or otherwise, to any trade u nion, that is to say,(a) an employer taking an active interest in organising a tr ade union of his workmen; and(b) an employer showing partiality or granting favou r to one of several trade unions attempting to organise his workmen or to its me mbers, where such a trade union is not a recognised trade union.(3) To establish employer sponsored trade unions of workmen.(4) To encourage or discourage members hip in any trade union by discriminating against any workman, that is to say,(a) discharging or punishing a workman, because he urged other workmen to join or or ganise a trade union;(b) discharging or dismissing a workman for taking part in a ny strike (not being a strike which is deemed to be an illegal strike under this Act);(c) changing seniority rating or workmen because of trade union activities;( d) refusing to promote workmen of higher posts on account of their trade union a ctivities;(e) giving unmerited promotions to certain workmen with a view to creat ing discord amongst other workmen, or to undermine the strength of their trade u nion;(f) discharging office-bearers or active members of the trade union on accou nt of their trade union activities.(5) To discharge or dismiss workmen-(a) by way of victimisation;(b) not in good faith, but in the colourable exercise of the emp loyer s rights; (c) by falsely implicating a workman in a criminal case on false e vidence or on concocted evidence;(d) for patently false reasons;(e) on untrue or t rumped up allegations of absence without leave;(f) in utter disregard of the prin ciples of natural justice in the conduct of domestic enquiry or with undue haste ;(g) for misconduct of a minor technical character, without having any regard to the nature of the particular misconduct or the past record or service of the wor kman, thereby leading to a disproportionate punishment.(6) To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike.(7) To transfer a workman mala fide from one plac e to another, under the guise of following management policy.(8) To insist upon i ndividual workmen, who are on a legal strike to sign a good conduct bond, as a p recondition to allowing them to resume work.(9) To show favouritism or partiality to one set of workers regardless of merit.(10) To employ workmen as "badlis", ca suals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.(11) To discharg e or discriminate against any workman for filing charges or testifying against a n employer in any enquiry or proceeding relating to any industrial dispute.(12) T o recruit workman during a strike which is not an illegal strike.(13) Failure to implement award, settlement or agreement.(14) To indulge in acts of force or viol ence.(15) To refuse to bargain collectively, in good faith with the recognised tr ade unions.(16) Proposing or continuing a lock-out deemed to be illegal under thi s Act.II. ON THE PART OF WORKMEN AND TRADE UNIONS OF WORKMEN(1) To advise or activ ely support or instigate any strike deemed to be illegal under this Act.(2) To co erce workmen in the exercise of their right to self-organisation or to join a tr ade union or refrain from, joining any trade union, that is to say-(a) for a trad e union or its members to picketing in such a manner that non-striking workmen a re physically debarred from entering the work places;(b) to indulge in acts of fo rce or violence or to hold out threats of intimidation in connection with a stri ke against non-striking workmen or against managerial staff.(3) For a recognised u nion to refuse to bargain collectively in good faith with the employer.(4) To ind ulge in coercive activities against certification of a bargaining representative .(5) To stage, encourage or instigate such forms of coercive actions as wilful, , "go-slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staff.(6) To stage demonstrations at t he residence of the employers or the managerial staff members.(7) To incite or in dulge in wilful damage to employer s property connected with the industry. (8) To indulge in acts of force or violence or to hold out threats of intimidation agai 8] Act to regulate the employment of women in certain establishments for certain nstThe Maternitywith a view to prevent him from attending work.] An any workman Benefits Act, 1961 periods before and after child-birth and to provide for maternity benefit and ce

rtain other benefits.2. Application of Act.- (1) It applies, in the first instance, to every establishment being a factory, mine or plantation including any such es tablishment belonging to Government:Provided that the State Government may, with t he approval of the Central Government, after giving not less than two months' no tice of its intention of so doing, by notification in the Official Gazette, decl are that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural o r otherwise.(2) Nothing contained in this Act shall apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act, 194 8, (34 of 1948) apply for the time being.3. Definitions.- (b) "child" includes a stil l-born child;(c) "delivery" means the birth of a child;(d) "employer" means -(I) in re lation to an establishment which is under the control of the Government, a perso n or authority appointed by the Government for the supervision and control of em ployees or where no person or authority is so appointed the head of the departme nt.(ii) in relation to an establishment under any local authority, the person appo inted by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;(iii) in any other case, the person who, or the authority which, has the ultimate cont rol over the affairs of the establishment and where the said affairs are entrust ed to any other persons whether called a manager, managing director, managing ag ent, or by any other name, such person;(e) "establishment" means a factory, mine, or plantation, or an establishment to which the provisions of this Act have been declared under sub-section (1) of section 2 to be applicable;(f) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 o f 1948);(g) "Inspector" means an Inspector appointed under section 14;(h) "maternity benefit" means the payment referred to in sub-section (1) of section 5;(I) "mine" means a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 o f 1952);(j) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty sixth week of pregnancy but does not in clude any miscarriage, the causing of which is punishable under the Indian Penal Code;(45 of 1860)(k) "plantation" means a plantation as defined in clause (f) of s ection 2 of the Plantations Labour Act, 1951 (69 of 1951);(j) "prescribed" means p rescribed by rules made under this Act;(m) "State Government" in relation to a Uni on territory, means the Administrator thereof;(n) "wages" means all remuneration p aid or payable in cash to a woman, if the terms of the contract of employment, e xpress or implied, were fulfilled and includes -(1) such cash allowances (includin g dearness allowance and house rent allowance) as a woman is for the time being entitled to;(2) incentive bonus; and(3) the money value of the confessional supply o f food grains and other articles, but does not include -(I) any bonus other than i ncentive bonus;(ii) over -time earnings an any deduction or payment made on accoun t of fines;(iii) any contribution paid or payable by the employer to any pension f und or provident fund or for the benefit of the woman under any law for the time being in force; and(iv) any gratuity payable on the termination of service;(o) "wom an" means a woman employed, whether directly or through any agency, for wages in any establishment.4. Employment of, or work by, women prohibited during certain p eriods.- (1) No employer shall knowingly employ a woman in any establishment dur ing the six weeks immediately following the day of her delivery or her miscarria ge.(2) No woman shall work in any establishment during the six weeks immediately f ollowing the day of her delivery or her miscarriage.(3) Without prejudice to the p rovisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in subsection (4) any work which is of an arduous nature or which involves long ho urs o standing, or 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 other wise to adversely affect her health.(4) The period referred to in sub-section (3) shall be -(a) the period of one month immediately preceding the period of six week s, before the date of her expected delivery;(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence und er section 6.5. Right to payment of maternity benefit.- (1) Subject to the provisio

ns of this Act, every woman shall be entitled to, and her employer shall be liab le for, the payment of maternity benefit at the rate of the average daily wage f or the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.Explanation For the purpose of this sub-section, the average daily wage means the average o f the woman's wages payable to her for the days on which she has worked during t he period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, which ever is high er.(2) No woman shall be entitled to maternity benefit unless she has actually wor ked in an establishment of the employer from whom the claims maternity benefit, for a period of not less than one hundred and sixty days in the twelve months im mediately preceding the date of her expected delivery:Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who h as immigrated into she State of Assam and was pregnant at the time of the immigr ation.Explanation. - For the purpose of calculating under this sub-section the day s on which a woman has actually worked in the establishment, the days for which she has been laid off during the period of twelve months immediately preceding t he date of her expected delivery shall be taken into account.(3) The maximum perio d for which any woman shall be entitled to maternity benefit shall be twelve wee ks, that is to say, six weeks up to and including the day of her delivery and si x weeks immediately following that day:Provided that where a woman dies during thi s periods, the maternity benefit shall be payable only for the days up to and in cluding the day of her death:Provided further that where a woman, having been deli vered of a child, dies during her delivery or during the period of six weeks imm ediately following the date of her delivery, leaving behind in either case the c hild, the employer shall be liable for the maternity benefit case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following that day of her delivery but if the child also dies during the said period, then, for the days up to and including the day of the d eath of the child.6. Notice of claim for maternity benefit and payment thereof.- (1 ) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be pr escribed, to her employer, stating that her maternity benefit and any other amou nt to which she may be entitled under this Act may be paid to her or to such per son as she may nominate in the notice and that she will not work in any establis hment during the period for which she receives maternity benefit.(2) In the case o f a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of he r expected delivery.(3) Any woman who has not given the notice when she was pregna nt may give such notice as soon as possible after the delivery.(4) On receipt of t he notice, the employer shall permit such woman absent herself from the establis hment until the expiry of six weeks after the day of her delivery.(5) The amount o f maternity benefit for the period preceding the date of her expected delivery s hall 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 sub sequent period shall be paid by the employer to the woman within forty-eight hou rs of production of such proof as may be prescribed that the woman has been deli vered of a child.(6) The failure to give notice under this section shall not disen title a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector m ay either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in 7. Payment of maternity benefit in case of death of a woman.- If a woman entitle the order. d to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the not ice given under section 6 and in case there is no such nominee, to her legal rep 8. Payment of resentative. medical bonus.- Every woman entitled to maternity benefit under th is Act shall also be entitled to receive from her employer a medical bonus of tw

enty-five rupees, if no pre-natal confinement and post-natal care is provided fo 9. Leave for miscarriage.- In case r by the employer free of charge. of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of 10. Leave for illness arising out of pregnancy, delivery, premature birth of chi her miscarriage. ld, or miscarriage.- A woman suffering from illness arising out of pregnancy, de livery, premature birth of child or miscarriage shall, on production of such pro of as may be prescribed, be entitled, in addition to the period of absence allow ed to her under section 6, or, as the case may be, under section 9, to leave wit 11. Nursing breaks.- Every woman delivered of child period of to duty after h wages at the rate of maternity benefit for aamaximumwho returnsone month. such delivery shall, in addition to the interval for rest allowed to her, be all owed in the course of her daily work two breaks of the prescribed duration for n 12. Dismissal during absence of attains the age of a woman absents ursing the child until the childpregnancy.- (1) Whenfifteen months. herself fro m work in accordance with the provisions of this Act, it shall be unlawful for h er employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expi re during such absence, or to vary to her disadvantage any of the conditions of her service.(2) (a) , The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been ent itled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus:Provide d that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.(b) Any woman deprived of maternity benefit or m edical bonus or both, may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be pre scribed, and the decision of that authority on such appeal, whether the woman sh ould or should not be deprived of maternity benefit or medical bonus or both, sh all be final.(c) Nothing contained in this sub-section shall affect the provisions 14. Appointment of Inspectors.- The appropriate Government may, by notification contained in sub-section (1). in the Official Gazette, appoint such officers as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits of the jurisdictio n within which they shall exercise their functions under this Act.15. Powers and d uties of Inspectors.- An Inspector may, subject to such restrictions or conditio n as may be prescribed, exercise all or any of the following powers namely:-(a) en ter at all reasonable times with such assistants, if any, being persons in the s ervice of the Government or any local or other public authority, as he thinks fi t, any premises or place where women are employed or work is given to them in an establishment, for the purposes of examining any registers, records and notices required to be kept or exhibited by or under this Act and require this producti on for inspection;(b) examine any person whom he finds in any premises or place an d who, he has reasonable cause to believe, is employed in the establishment:Provid ed that no person shall be compelled under this section to answer any question o r give any evidence tending to incriminate himself;(c) require the employer to giv e information regarding the names and addresses of women employed, payments made to them, and applications or notice received from them under this Act; and(d) tak e copies of any registers and records or notices or any portions thereof.16. Inspec tors to be public servants.- Every Inspector appointed under this Act shall be d eemed to be a public servant within the meaning of section 21 of the Indian Pena 17. Power of 1860). l Code (45of Inspector to direct payments to be made.- (1) Any woman claiming th at maternity benefit or any other amount to which she is entitled under this Act any person claiming that payment due under section 7 has been improperly withhe ld may make a complaint to the Inspector.(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made an if satisfied that payment has been wrongfully wit hheld, may direct the payment to be made in accordance with his orders.(3) Any per son aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person , appeal to the prescribed authority.(4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the Inspect

or where no such appeal has been preferred, shall be final.(5) Any amount payable 18. Forfeiture of shall be benefit.- If a woman works land establishment afte under this sectionmaternity recoverable as an arrear ofin anyrevenue. r she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorised absence, she shall forfeit he r claim to the maternity benefit for such period. and maintain such registers, reco 20. Registers, etc.- Every employer shall prepare 21. Penalty for contravention of Act by employer.- If any employer contravenes t rds and muster-rolls and in such manner as may be prescribed. he provisions of this Act or the rules made thereunder, he shall be punishable w ith imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and where the contravention is of any pro vision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall , in addition recover such maternity benefit or amount as if it were a fine and 22. Penalty to obstructing Inspector.- Whoever fails to produce on demand by th pay the samefor the person entitled thereto. e Inspector any register or document in his custody kept in pursuance of this Ac t or the rules made thereunder or conceals or prevents any person from appealing before or being examined by an Inspector shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred 23. Cognizance both. rupees, or withof offences.- (1) No prosecution for an offence punishable under this Act or any rule made thereunder shall be instituted after the expiry of one year from the date no such prosecution shall be instituted except by, or with t he previous sanction of , the Inspector:Provided that in computing the period of o ne year aforesaid, the time, if any, taken for the purpose of obtaining such pre vious sanction shall be excluded.(2) No court inferior to that of a Presidency Mag 27. Effect of laws and of the First Class shall try any Act.- (1) The istrate or a Magistrateagreements inconsistent with this such offence. provision s of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract o f service, whether made before or after the coming into force of this Act:Provided that where under any such award, agreement, contract o service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shal l continue to be entitled to the more favourable benefits in respect of that mat ter, notwithstanding that she is entitled to receive benefits in respect of othe r matters under this Act.(2) Nothing contained in this Act shall be construed to p reclude a woman from entering into an agreement with her employer for granting h er rights or privileges in respect o any matter which are more favourable to her An act Trade Unions 1926] Preamble [25th March,she 1926 9] Thethose to whichAct, would be entitledTrade UnionsAct. in certain respects t than to provide for the registration of under this and 1. Short title, relating commencement - (1) This Act o define the lawextent andto registered Trade Unions may be called the [The wo rds "India" has been deleted by the Trade Union (Amendment) Act 31 of 1964] Trad 2. It extends to the e Unions Act,1926. Whole of India [Note:- The word "except" the State of Jammu 3. ItKashmir" have been omittedsuchAct No.51the Central Tavern 1970]. notificati and shall come into force on by date as The Orient Government by 2. Definitions - In this act the appropriate Government means in relation to Tra on in the Official Gazette, appoint. de Unions whose objects are not confined to one State, the Central Government, a nd in relation to other Trade Unions State Government, and unless there is anyth (a) "Executive" the the body, by whatever name called to which the management ing repugnant inmeanssubject or context, (b) [Subs. By of a Unions (Amendment) Act 38 of the affairsTrade Trade Union is entrusted; of 1964] In the case of a Trade Un ion, includes any member of the executive thereof, but does not include an audit (d) (c) "Registered means means that office of a Trade under this is registered u or; "Prescribed"office"prescribed by regulations madeUnion which Act; nder this Act as the Head office thereof.(e) "Registered Trade Union" means a Trad e Union registered under this Act;(f) [Note: Subs. by Act 42 of 1960] "Registrar" means (i) A Registrar of Trade Unions appointed by the appropriate Government unde r section 3, and includes an additional or Deputy Registrar of Trade Unions; and (ii) In relation to any Trade Union, the Registrar appointed for the State in whi ch the head or registered office, as the case may be, of the Trade Union is situ (a) "Trade dispute" means any dispute between employers and workmen or between w ated; orkmen and workmen, or between employers and employers which is connected with t he employment, or non-employment, or the terms of employment or the conditions o f labour, of any person, and "workmen" means all persons employed in trade or in dustry whether or not in the employment of the employer with whom the trade disp (b) "Trade and ute arises;Union" means combination, whether temporary or permanent, formed prim arily for the purpose of regulating the relations between workmen and employers

or between workmen and workmen, or between employers and employers, or for impos ing restrictive condition on the conduct of any trade or business, and includes (i) (c) Any that of Act shall employertheir Providedagreement between partner toUnions;own employed any federationthistwo or morenot affect - thosebusiness; by him as to such emplo an Trade and (ii) Any yment; oragreement in consideration of the sales of the goodwill of a business o 3. Appointment of Registrars - (1) trade or handicraft. r of instruction in any profession,[The appropriate Government] shall appoint a (2) [Note: The principal section re-numbered as sub-section (1) person to be the Registrar of Trade Unions for [each] (State)]. and sub-section (2) inserted by Act 48 of 1960] The appropriate Government may appoint as many A dditional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the R egistrar, such powers and functions of the Registrar under this Act as it may, b e order, specify and define the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and function so specif (3) ied.Subject to the provisions of any order under sub-section (2), where an Addit ional or Deputy Registrar exercises and discharges the powers and function of a Registrar in an area within which the registered office of a Trade Union is situ ated, the Additional or Deputy Registrar shall be deemed to be Registrar in rela 4. Mode of Trade Union - (1) Any seven of this Act. tion to theregistration for the purposesor more members of a Trade Union may be subscribing their names to the rules of the Trade Union and by otherwise complyi ng with the provisions of this Act with respect to registration, apply for regis (2) [The principal section re-numbered as tration of the Trade Union under this Act.sub-section (1) and sub-section (2) in serted by Act 48 of 1960] Where an application has been made under sub-section ( 1) of the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the da te of the application, but before the registration of the Trade Union some of th e applications, but not exceeding half of the total number of the persons who ma de the application, have ceased to be members of the Trade Union or have notice 5. Application for registration - (1) Even application for registration of in writing to the Registrar dissociating themselves from the application]. a Tra de Union shall be made to the Registrar, and shall be accompanied by a copy of t he rules of the Trade Union and a statement of the following particulars, namely (c) (b) The name ofnames, ages, addresses and occupations of making theby title, occupations and addresses of the its head [Subs. application; :-(a) The names,the Trade Union and the address ofmemberstheoffice, andTrade Uni (2) Where a Trade Union has 1954] existence for more ons (Amendment) Act No.33 ofbeen inof the Trade Union. than one year before the making of an application for its registration, there shall be delivered to the R egistrar, together with the application, a general statement of the assets and l iabilities of the Trade Union prepared in such form and containing such particul 6. as may be to be contained in the rules of Trade Union - A Trade Union shall arsProvisions prescribed. not bee entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereo f provided forof the object for which the Trade Union has beenTrade Union; sha (c) (b) The whole following matters, namely:-(a) The name of of the Trade Union purposes for which the general funds the established; ll be applicable, all of which purposes shall be purpose, to which such funds ar (d) The maintenance of a list of the e lawfully applicable under this Act;members of the Trade Union and adequate fac ilities for the inspection thereof by the [Subs. by Trade Unions (Amendment) Act (e) Theof 1954] and members ofmembers whoUnion; be persons actually engaged or e No.33 admission of ordinary the Trade shall mployed in an industry with which the Trade Union is connected, and also the adm ission of the number of honorary or temporary members as [Subs. by Trade Unions (Amendment) Act No.33 of 1954] required under Section 22 to form the executive o (ae) Trade Union; f the[Ins. by Act 42 of 1960] The payment of a subscription by members of the Tr ade Union which shall be not less than twenty five naye paise per month per memb (a) er; The conditions under which any member shall be entitled to any benefit assur ed by the rules and under which any fine or forfeiture may be imposed on members ;b) The manner in which the member shall be amended, varied or rescinded;(c) The m ( anner in which the members of the executive and the other [Subs. by Trade Unions (Amendment) Act No.33 of 1954] of the Trade Union shall be appointed and remove d;(d) The safe custody of the funds of the Trade Union, and annual audit, in such manner as may be prescribed, of the account books by [Subs. by Trade Unions (Ame 7. The to call which the particulars the require alteration of name - (1) (e)Powermanner in of furtherTrade Union may todissolved. ndment) Act No.33for 1954] and members ofandbeTrade Union; and The Registrar may call for further information for the purpose of satisfying hi mself that any application complies with the provisions of Sec; 5, or that the T rade Union is entitled to registration under Section 6, and may refuse to regist (2) If the name under which a Trade Union er the Trade Union until such information is supplied.to be registered is identi proposed cal with that by which any other existing Trade Union has been registered or, in

the opinion of the Registrar, so nearly resemble such name as to be likely to d eceive the public or the members of either Trade Union, the Registrar shall requ ire the persons applying for registration to alter the name of the Trade Union s tated in the application, and shall refuse to register the Union until such alte 8. Registration - The ration has been made. Registrar, on being satisfied that the Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register to be maintained in such form as may b e prescribed, the particulars relating to the Trade Union contained in the state 9. Certificate of Registration - for Registration. ment accompanying the applicationThe Registrar registering a Trade Union under S ection 8, shall issue a certificate of registration in the prescribed form which shall be conclusive that the Trade Union has been duly registered under this Ac t. Cancellation of Registration - A certificate of registration of a Trade Unio 10. n may be withdrawn o cancelled by the Registrar -(a) On the application of the Tra (b) If the be verified satisfied that the certificate has been de Union toRegistrar is in such manner as may be prescribed, or obtained by frau d or mistake, or that the Trade Union has ceased to exist or has willfully and a fter notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter, provision for which is required Provided that not less than two months previous notice in writing specifying the by Section 6: ground on which it is proposed to withdraw or cancel the certificate shall be g iven by the Registrar to the Trade Union before the certificate is withdrawn or 11. Appeal - (1) Any person aggrieved by any refusal of Union. cancelled otherwise than on the application of the Tradethe Registrar to registe r a Trade Union or by the withdrawal or cancellation of a certificate of registr ation may, within such period as may be prescribed, appeal -(a) Where the head off ice of the Trade Union is situated within the limits of Presidency-town to the H (b) Where or igh Court,the head office is situated in any outer area, to such Court, not infe rior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the [appropriate Government] may appoint in this b (2) The Appellate Court may dismiss the appeal, or pass an order directing the R ehalf for that area. egistrar to register the Union and to issue a certificate of registration under the provisions of Section 9 or setting aside the order for withdrawal or cancell ation of the certificate, as the case may be, and the registrar shall comply wit (3) For the purpose of an appeal under sub-section (1) an Appellate Court shall, h such order. so far as may be, follow the same procedure and have the same powers as it foll ows an has when trying a suit under the Code of Civil Procedure, 1908, and may d irect by whom the whole or any part of the costs of the appeal shall be paid an such costs shall be recovered as if they had been awarded in a suit under the sa (4) In the id Code. event of the dismissal of an appeal by any Court appointed under clau se (b) of sub-section (1), the person aggrieved shall have a right of appeal to the High Court and the High Court shall, for the purpose of such appeal, have al l the powers of an Appellate Court under sub-sections (2) and (3) and the provis 12. of those office - All communications and notice ionsRegisteredsub-section shall apply accordingly.] to a registered Trade Unio n may be addressed to its registered office. Notice of any change in the address of the head office shall be given with fourteen days of such change to the Regi strar in writing, and the changed address shall be recorded in the register refe 13. to in Section 8. rredIncorporation of registered Trade Unions - Every registered Trade Union shal l be a body corporate by the name under which it is registered and shall have pe rpetual succession and a common seal with power to acquire and hold both movable and immovable property an contract, and shall, by the said name sues and be sue d. Certain Acts not to apply to registered Trade Unions - The following Act, na 14. (b) (a) - co-operative Societies Act, 1912.And(c) [(Note: See now the Companies Act, melyThe Societies Registration At, 1863. shall not 1956), any registered Trade Union, had the registration of any such 1957 (1 ofapply tovide Act (42 of 1960) The Companies Act, 1956 (1 of 1956)] 15. Objects on which such Act shall be void. Trade Union under anygeneral funds may be spent - The general funds of a registe red Trade Union shall not be spent on any other objects than the following, name (a) ly:-The payment of salaries, allowances and expenses to (Note: Subs. by Act No.3 8 of 1964 for the word) "officers" office bearers of the Trade Union;(b) The payme nt of expenses for the administration of the Trade Union including audit of the (c) The of the general funds of any legal proceeding to which the Trade Union accountsprosecution of defenceof the Trade Union; or any member thereof is a party, when such prosecution or defence is undertaken for thee purpose of securing or protecting any rights of the Trade Union as suc

h or any rights arising out of the relations of any member with his employer or (d) a person whom trade disputes on withThee conduct ofthe member employs;behalf of the Trade Union or any member th (f) Allowance to members or their dependants on out of of death, old age, sickn (e) The ereof; compensation of members for loss arisingaccount trade disputes; (g) accidents or or the undertaking of liability ess,The issue of, unemployment of such members; under policies of assurance on the lives for members or under policies insuring members against sickness, acci (h) or provision of dentThe unemployment;educational, social or religious benefits for members (incl uding the payment of the expenses of funeral or religious ceremonies for decease d members) or for the dependants of members;(i) The upkeep of a periodical publish ed mainly for the purposes of discussing questions affecting employers or workme (j) such; n asThe payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to bene fit workmen in general, provided that the expenditure in respect of such contrib utions in any financial year shall not, at any time, during that year be in exce ss of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the (k) Subject theany conditions contained in the notification, thatother object no balance at to credit of those funds at the commencement of any year; and 16. Constitution of a separate fund for political purposes - (1) tified by the [appropriate Government] in the official Gazette. A registered Tr ade Union may constitute a separate fund, from contributions separately levied f or or made to that fund, from which payments may be made, for the promotion of t he civic and political interest of its members, in furtherance of any of the obj (a) (2) specified referred to in sub-sectioneither directly or indirectly, by a ca ectsThe objectsin sub-section (2). payment of any expenses incurred, (1) are:ndidate or prospective candidate for election as a member of any legislative bod y constituted under [Note: Deleted by Act 42 of 1960] the Constitution or of any local authority, before, during or after the election in connection with his ca (b) The holding of any meeting or the distribution of any literature or document ndidature or election; or (c) support of any of any person or is a member of any legislative body consti s inThe maintenance such candidatewho prospective candidate; or tuted under [Note: Deleted by Act 42 of 1960] the Constitution or for any local (d) The registration of electors or the selection of a candidate for any legisla authority; or tive body constituted under [Inserted by Act No.51 of 1970] the Constitution or (e) The holding of political for any local authority; or meetings of any kind or the distribution of politic [(Note: Inserted by Act No.51 of 1970) any In its al literature or political documents of(2-A)kind. application to the State of Jammu and Kashmir references in sub-section (2) to any legislative body constitu ted under the Constitution shall be construed as including references to the Leg (3) No member shall be compelled to contribute to the fund constituted under sub islative of that State]. -section (2), and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability r at any disadvantage as compared wi th other members of the Trade Union (except in relation to the control of manage ment of the said fund) by reason of his contributing to the said fund; and contr ibution to the said fund shall not be made a condition for admission to the Trad 17. Criminal conspiracy in trade disputes - No officers or members of a register e Union. ed Trade union shall be liable to punishment under sub-section (2) of Section 12 0-B of the Indian Penal Code, in respect of any agreement made between the membe rs for the purpose of furthering any such object of the Trade Union as is specif 18. Immunity from civil the to certain cases - (1) No suit or other legal proce ied in Section 15 unlesssuit agreement is an agreement to commit an offence. eding shall be maintainable in any Civil Court against any registered Trade Unio n or any [Note: Inserted by Act No.51 of 1970] or member thereof in respect of a ny act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some oth er person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some (2) A registered dispose of his capitalbe liable in any suitwills. other person to Trade Union shall not of his labour as he or other legal proc eeding in any Civil Court in respect of any tortuous act done in contemplation o r furtherance of a trade dispute by and agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to, express instru 20. Right to inspect books of Trade Trade The account books of a registered Tr ctions given by the executive of theUnion -Union. ade Union and the list of members thereof shall be open to inspection by an [Not e: Substituted by Trade Unions (Amendment) Act No.38 of 1964] or member of the T 21. Union of minors to as may be of Trade Union Any person Trade attained radeRights at such timesmembership provided for in-the rules ofwho hasUnion. the age of fifteen years may be a member of registered Trade Union subject to an

y rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments an give all acquaintance 21A. Disqualification of office bearers of Trade Union s necessary to be executed or given under the rules: - (1) A person shall be d isqualified for being chosen as, and for being a member of the executive or any (ii) (i) Heoffice-bearer or theby a of eighteen years; otherHehas not attainedregistered Trade Union if- any offence involving moral tu has been convicted age Court in India of rpitude and sentenced to imprisonment, unless a period of five years has elapsed (2) Anyhis release. executive or other office-bearer of a registered Trade Uni since member of the on who, before the commencement of the Indian Trade Union (Amendment) Act, 1964, has been convicted of any offence involving moral turpitude and sentenced to im prisonment shall on the date of such commencement, cease to be such member or of fice-bearer unless a period of five years has elapsed since his release before t (3) [(Note: he date]. Ins. by Act No.51 of 1970) In its application to the State of Jammu and Kashmir references in sub-section (2) to any legislative body constituted un der the Constitution shall be construed as including references to the Legislatu 22. Proportion of re of that State].office-bearers to be concerned with the industry - Not less th an one half of the total number of the [Subs. by Trade Unions (Amendment) Act No .31 of 1964] of every registered Trade Union shall be persons actually engaged i Provided that the which the Trade Union is convicted. n an industry with(appropriate Government) may, by special or general order decl are that the provisions of this section shall not apply to any Trade Union or cl 23. Change of name Any registered order. ass of Trade Unions-specified in theTrade Union may, with the consent of not les s than two-thirds of the total number of its members and subject to the provisio 24. Amalgamation of Trade Union ns of Section 25 change its name. Any two or more registered Trade Unions may be come amalgamated together as one Trade Union with or without dissolution or divi sion of the funds of such Trade Unions or either or any of them, provided that t he votes of at least one-half of the members of each or every such Trade Union e ntitled to vote are recorded, and that at least sixty percent of the votes recor 25. Notice of change of proposal. ded are in favour of thename or amalgamations - (1) Notice in writing of every c hange of name and every amalgamation, signed, in the case of change of name, by the Secretary an by seven members of the Trade Union changing its name and in th e case of an amalgamation by the Secretary and by seven members of each and ever y Trade Union which is a party thereto, shall be sent to the Registrar, and wher e head office of the amalgamated Trade Union is situated in a different (State), (2) thethe proposed name is identical with that by which any other existing Trad to If Registrar of such (State). e Union has been registered or in the opinion of the Registrar so nearly resembl es such name as to be likely to deceive the public or the members of either Trad (3) Save as Registrar sub-section (2), the Registrar shall name. e Union, theprovided inshall refuse to register the change ofif he is satisfied that he provisions of this Act in respect o change of name have been complied wi th, register the change of name in the register referred to in Section 8, and th (4) The of name of the (State) in which the head such of the amalgamated Tra e changeRegistrarshall have effect from the date ofofficeregistration. de Union is situated shall, if he is satisfied that the provisions of this Act i n respect of amalgamation have been complied with and that the Trade Union forme d thereby is entitled to registration under Section 6 register the Trade Union i n the manner provided in Section 8, and the amalgamation shall have effect from 26. Effects of change in name the date of such registration.and of amalgamation - (1) The change in the name o f a registered Trade Union shall not effect any rights or obligation of the Trad e Union or render defective any legal proceeding by or against the Trade Union, and any legal proceeding which might have been continued or commenced by or agai nst it by its former name may be continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.(2) An amalgamation of two or more registered Trade Unions shall not prejudice any righ 27. any such Trade Unions a any right Trade Union is dissolved, notice for the t ofDissolution - (1) When orregistered of a creditor or any of them. dissolution signed by seven members and by the Secretary of the Trade Union sha ll, within fourteen days of the dissolution, be sent to the Registrar and shall be registered by him if he is satisfied the dissolution has been effected in acc ordance with the rules of the Trade Union, and the dissolution shall have effect (2) Where datedissolution of a registered Trade Union has been registered and th from the the of such regulation. e rules of the Trade Union do not provide for the distribution and funds of the Trade Union on dissolution, the Registrar shall divide the funds amongst the mem 28. Returns - (1) as may be be sent annually to the Registrar, on or before su ber in such mannerThere shallprescribed. ch date as may bee prescribed a general statement, audited in the prescribed man

ner, of all receipts and expenditure of every registered Trade Union during the year ending on 31st day of [Note: Subs. by Trade Union (Amendment) Act, No. 38 o f 1964] next preceding such prescribed date, and of the assets and liabilities o f the Trade Union existing on such 31st day of [Note: Subs. by Trade Union (Amen dment) Act, No. 38 of 1964] (December). The statement shall be prepared in such (2) and Union during such particulars general prescribed. formTradeshall comprisethe year which theas may bestatement refers, together als o with copy of the rules of the Trade Union corrected upto the date of the dispa (3) A copy to the alteration tch thereofof everyRegistrar. made in the rules of a registered Trade Union sha (4) [Note: Added Registrar within For the purpose of examining the documents ll be sent to theby Act 42 of 1960]fifteen days of making of the alteration. r eferred to in subsections (1), (2) and (3), the Registrar, or any officer author ized by him, by general or special order may, at all reasonable times, inspect t he certificate of registration account books, registers, and other documents rel ating to a Trade Union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a 31. Failure to submit returns - (1) Ifthe registered office ofpart of any regist distance of more then ten miles from default is made on the a Trade Union. ered Trade Union in giving any notice or sending any statement or other document as required by or under any provision of this Act, every (office-bearer) or oth er person bound by the rules of the Trade Union to give or send the same or if t here is no such [Subs. by Trade Unions (Amendment) Act No.38 of 1961] or person, every member of the executive of the Trade Union, shall be punishable with fine which may extend to five rupees and in the case of a continuing default, with a n additional fine which may extend to five rupees for each week after the first (2) Any that who willfully makes, Providedpersonthe aggregate fine shall causes to fifty rupees. during which the default continues: or not exceedbe made, any false entry in, or any omission from the general statement required by section 28, or in or form a ny copy of rules or of alterations of rules sent to the Registrar under that Sec 32. Supplying punishable with regarding Trade Union - Any hundred rupees. tion, shall befalse informationfine which may extend to fiveperson who, wit inte nt to deceive, gives to any member of a registered Trade Union or to any documen t purporting or applying to become a member of such Trade Union, any document pu rporting to be a copy of the rules of the Trade Union or of any alterations to t he same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent gives a copy of any rules of an unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Unio 33. Cognizance of offence - (1) which may extend n, shall be punishable with fineNo court inferior to two hundred rupees. Magist that of a Presidency (2) or a Magistrate of cognizance of any offence under this under this Act. rateNo court shall take the first class shall try any offenceAct unless complain t thereof has been made by or with the previous sanction 32, by the person to wh om the copy was given, within six months of the date on which the offence is all An to provide Gratuity PREAMBLEPayment 1972] 10]Act have OF offor a scheme for the egedTheto[39 been committed.Act, 1972 payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or BE it enacted by Parliament matters connected Year of or incidental thereto. other establishments and forin the Twenty-thirdtherewithRepublic of India as fol 1. SHORT lows :- TITLE, EXTENT, APPLICATION AND COMMENCEMENT. - (1) This Act may be call (2) It extends to the whole of 1972. ed the Payment of Gratuity Act,India : Provided that in so far as it relates to (3) It shall apply to - shall not extend mine, oilfield, plantation, port plantations or ports, it(a) every factory,to the State of Jammu and Kashmir.and (b) every shop or railway company; 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 mo re persons are employed, or were employed, on any day of the preceding twelve mo (c) such other establishments or class of establishments, in which ten or more e nths; mployees are employed, or were employed, on any day of the preceding twelve mont (3A) A shop or establishment may, by this Act has specify in this shall hs, as the Central Governmentto which notification,become applicablebehalf.conti nue to be governed by this Act notwithstanding that the number of persons employ (4) It shall any into force on such date so applicable Government ten. ed therein atcome time after it has becomeas the Central falls belowmay, by noti 2. DEFINITIONS. fication, appoint.In this Act, unless the context otherwise requires, - (a) "app ropriate Government" means, - (i) in relation to an establishment - (a) belongin (d) (c) of a factory belonging oilfieldCentral control of, (b) having branches in moreto, oroneor theGovernment, g to, or under the control of, theunderrailway company, the Central Government, major port, mine, than State, (d) in any other case, means means continuous as defined in year; (c) "controlling authority" means an authority (b) "continuous service"the State Government; appointed by oneappropriate (ii)"completed year of service"continuous serviceservice forthe section 2A; Gove (e) "employee" means any rnment under section 3; person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company o r shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, tech nical or clerical work, whether the terms of such employment are express or impl ied, and whether or not such person is employed in a managerial or administrativ

e capacity, but does not include any such person who holds a post under the Cent ral Government or a State Government and is governed by any other Act or by any Explanation : (f) "employer" means, in relation to any establishment, factory, m rules providing for payment of gratuity. ine, oilfield, plantation, port, railway company or shop - (i) belonging to, or under the control of, the Central Government or a State Government, a person or authority appointed by the appropriate Government for the supervision and contro l of employees, or where no person or authority has been so appointed, the head (ii) belonging or or Department concerned, of the Ministryto, theunder the control of, any local authority, the person appo inted by such authority for the supervision and control of employees or where no person has been so appointed, the chief executive office of the local authority ,iii) in any other case, the person, who, or the authority which, has the ultima ( te control over the affairs of the establishment, factory, mine, oilfield, plant ation, port, railway company or shop, and where the said affairs are entrusted t o any other person, whether called a manager, managing director or by any other (g) "factory" has name, such person;the meaning assigned to it in clause (m) of section 2 of the F (h) "family", in relation to an actories Act, 1948 (63 of 1948);employee, shall be deemed to consist of - (i) in the case of a male employee, himself, his wife, his children, whether married o r unmarried, his dependent parents and the dependent parents of his wife and the (ii) inand children offemale employee, son, if any, husband, her children, wheth widow the case of a his predeceased herself, her er married or unmarried, her dependent parents and the dependent parents of her Explanation : Where the personal law her employee permits the adoption by him husband and the widow and children ofof anpredeceased son, if any : of a child, any child lawfully adopted by him shall be deemed to be included in his family, and where a child of an employee has been adopted by another person and such adoption is, under the personal law of the person making such adoption, lawful, such child shall be deemed to be excluded from the family of the employ (i) ee; "major port" has the meaning assigned to it in clause (8) of section 3 of th (j) "mine" has the 1908 (15 of 1908); e Indian Ports Act,meaning assigned to it in clause (j) of sub-section (1) of se (l) "oilfield" has the meaning assigned to it (k) "notification" means notification published in the Official Gazette; ction 2 of the Mines Act,a1952 (35 of 1952); in clause (e) of section 3 of the (m) "plantation" has and Development) Act, it (53 of 1948); Oilfields (Regulationthe meaning assigned to1948in clause (f) of section 2 of th (n) "port" has the meaning assigned to it in e Plantations Labour Act, 1951 (69 of 1951); clause (4) of section 3 of the Indi (p) "railway 1908 (15 prescribed (o) "prescribed" means of the meaning assigned under this Act; an Ports Act,company" has 1908); by rules madeto it in clause (5) of section 3 (q) "retirement" means termination of 1890); of the Indian Railways Act, 1890 (9of the service of an employee otherwise than (r) "superannuation", in relation to an employee, means the attainment by the em on superannuation; ployee of such age as is fixed in the contract or conditions of service at the a (s) "wages" means all emoluments employee earned by an employee while ge on the attainment of which thewhich are shall vacate the employment;on duty o r on leave in accordance with the terms and conditions of his employment and whi ch are paid or are payable to him in cash and includes dearness allowance but do es not include any bonus, commission, house rent allowance, overtime wages and a 2A. CONTINUOUS SERVICE. - For the purposes of this Act, - (1) an employee shall ny other allowance. be said to be in continuous service for a period if he has, for that period, bee n in uninterrupted service, including service which may be interrupted on accoun t of sickness, accident, leave, absence from duty without leave (not being absen ce in respect of which an order treating the absence as break in service has bee n passed in accordance with the standing order, rules or regulations governing t he employees of the establishment), lay off, strike or a lock-out or cessation o f work not due to any fault of the employee, whether such uninterrupted or inter (2) where an employee (not before employee employed in a seasonal Act. rupted service was renderedbeing anor after the commencement of thisestablishmen t) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer - (a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calc ulation is to be made, has actually worked under the employer for not less than - (i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a (b) forand (ii) two hundredsix months,days, inemployee during the period of six week; the said period of and forty if the any other case; calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than - (i) ninetyfive days, in the case of an employee employed below the ground in a mine or in Explanation : For the works of in than six case; (ii) one hundred and twenty days,clause other days in week; on an establishment whichpurposefor lessany(2), the numberaof daysand which an empl oyee has actually worked under an employer shall include the days on which - (i)

he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Order's) Act, 1946 (20 of 1946), or u nder the Industrial Disputes Act, 1947 (14 of 1947), or under any other law appl (iii) (ii) hetohas been absent with temporary earned in caused by accident icablehehas been on leavedue tofull wages,disablementthe previous year; arising the establishment; (iv) of and in the course of his employment; and out in the case of a female, she has been on maternity leave; so, however, that (3) where an employeesuch maternity leave does not exceed twelve weeks. the total period of employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six mon ths, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the 3. CONTROLLING AUTHORITY. - The appropriate Government may, by notification, app number of days on which the establishment was in operation during such period. oint any officer to be a controlling authority, who shall be responsible for the administration of this Act and different controlling authorities may be appoint 4. PAYMENT OF GRATUITY.ed for different areas. (1) Gratuity shall be payable to an employee on the ter mination of his employment after he has rendered continuous service for not less (c) (b) onfive years,or (a) on his superannuation, or disease : Provided that the c than his retirement or resignation, or death - disablement due to accident or ompletion of continuous service of five years shall not be necessary where the t Provided further employment case of death of the employee, or disablement ermination of thethat in the of any employee is due to deathgratuity payable:to him shall be paid to his nominee or, if no nomination has been made, to his heir s, and where any such nominees or heirs is a minor, the share of such minor, sha ll be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be pr Explanation : For the purposes of majority. escribed, until such minor attainsthis section, disablement means such disableme nt as incapacitates an employee for the work which he was capable of performing (2) For every completed year of service in such disablement. before the accident or disease resultingor part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wag es based on the rate of wages last drawn by the employee concerned : Provided th at in the case of a piece-rated employee, daily wages shall be computed on the a verage of the total wages received by him for a period of three months immediate ly preceding the termination of his employment, and, for this purpose, the wages Provided further that in theshall notan employee whoaccount : paid for any overtime work case of be taken into is employed in a seasonal e stablishment and who is not so employed throughout the year, the employer shall Explanation : In the case of a seven rated employee, the fifteen pay the gratuity at the rate ofmonthlydays' wages for each season. days' wages s hall be calculated by dividing the monthly rate of wages last drawn by him by tw (3) The and multiplying the quotient an employee enty-sixamount of gratuity payable to by fifteen. shall not exceed three lakhs a (4) For thousand rupees. nd fiftythe purpose of computing the gratuity payable to an employee who is empl oyed, after his disablement, on reduced wages, his wages for the period precedin g his disablement shall be taken to be the wages received by him during that per iod, and his wages for the period subsequent to his disablement shall be taken t (5) the wages this reduced. o beNothing in as sosection shall affect the right of an employee to receive bet ter terms of gratuity under any award or agreement or contract with the employer .6) Notwithstanding anything contained in sub-section (1), - (a) the gratuity of ( an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belongi ng to the employer, shall be forfeited to the extent of the damage or loss so ca (b) the used. gratuity payable to an employee may be wholly or partially forfeited - ( i) if the services of such employee have been terminated for his riotous or diso (ii) if the services other employee have on terminated rderly conduct or anyof suchact of violencebeenhis part, orfor any act which con stitutes an offence involving moral turpitude, provided that such offence is com 4A. COMPULSORY INSURANCE. - (1) With effect from mitted by him in the course of his employment. such date as may be notified by the appropriate Government in this behalf, every employer, other than an employ er or an establishment belonging to, or under the control of, the Central Govern ment or a State Government, shall, subject to the provisions of sub-section (2), obtain an insurance in the manner prescribed, for his liability for payment tow ards the gratuity under this Act, from the Life Insurance Corporation of India e stablished under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer : Provided that different dates may be appointed for different establishments or class of establishments or for different areas. (2) The appropriate Government may, subject to such conditions as may be prescri bed, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and e

very employer employing five hundred or more persons who establishes an approved (3) For the purpose ofmanner prescribed from thethe provisions sub-section (1). gratuity fund in the effectively implementing provisions of of this section, every employer shall within such time as may be prescribed get his establishment registered with the controlling authority in the prescribed manner and no emplo yer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved grat (4) fund referred Government may, (2). uityThe appropriateto in sub-sectionby notification, make rules to give effect t o the provisions of this section and such rules may provide for the composition of the Board of Trustees of the approved gratuity fund and for the recovery by t he controlling authority of the amount of the gratuity payable to an employee fr om the Life Insurance Corporation of India or any other insurer with whom an ins urance has been taken under sub-section (1), or as the case may be, the Board of (5) Where of the approved gratuity fund.payment by way of premium to the insuran Trustees an employer fails to make any ce referred to in sub-section (1) or by way of contribution to an approved gratu ity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this Act (including interest, if any, for delayed payments) (6) Whoever the controlling authority. forthwith tocontravenes the provisions of sub-section (5) shall be punishable wi th fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to one thousand rupees for each day Explanation : thethis section "approved gratuity fund" shall have the same meani during which In offence continues. 6. NOMINATION. (1) Each employee, who has completed one year of service, ng as in clause-(5) of section 2 of the Income-tax Act, 1961 (43 of 1961). shall make, within such time, in such form and in such manner, as may be prescribed, nomination for the purpose of the second proviso to sub-section (1) of section 4 .2) An employee may in his nomination, distribute the amount of gratuity payable ( (3) him, under thishas aamongst more than one nominee.a nomination, the nominati to If an employee Act family at the time of making on shall be made in favour of one or more members of his family, and any nominat ion made by such employee in favour of a person who is not a member of his famil (4) If at the time y, shall be void. of making a nomination the employee has no family, the nomina tion may be made in favour of any person or persons but if the employee subseque ntly acquires a family, such nomination shall forthwith become invalid and the e mployee shall make, within such time as may be prescribed, a fresh nomination in (5) A nomination may, subject to the provisions of sub-sections (3) and (4), be favour of one or more members of his family. modified by an employee at any time, after giving to his employer a written noti ce in such form and in such manner as may be prescribed, of his intention to do (6) so. If a nominee predeceases the employee, the interest of the nominee shall rev ert to the employee who shall make a fresh nomination, in the prescribed form, i (7) Every nomination, fresh n respect of such interest. nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same i 7. DETERMINATION OF n his safe custody. THE AMOUNT OF GRATUITY. - (1) A person who is eligible for p ayment of gratuity under this Act or any person authorised, in writing, to act o n his behalf shall send a written application to the employer, within such time (2) As soon as gratuity be prescribed, the employer such whether and in such form, as maybecomes payable,for payment ofshall,gratuity.an applicat ion referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payab le and also to the controlling authority specifying the amount of gratuity so de (3) The employer shall arrange to pay the amount of gratuity within thirty days termined. (3A) If date it becomes payable to the person to whom the gratuity paid by the from thethe amount of gratuity payable under sub-section (3) is not is payable. employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Centr al Government from time to time for repayment of long-term deposits, as that Gov ernment may, by notification specify : Provided that no such interest shall be p ayable if the delay in the payment is due to the fault of the employee and the e mployer has obtained permission in writing from the controlling authority for th (4) (a) If there on this ground. e delayed paymentis any dispute as to the amount of gratuity payable to an emplo yee under this Act or as to the admissibility of any claim of, or in relation to , an employee for payment of gratuity, or as to the person entitled to receive t he gratuity, the employer shall deposit with the controlling authority such amou (b) Where there is a payable by regard to any matter or matters specified in c nt as he admits to bedispute withhim as gratuity. lause (a), the employer or employee or any other person raising the dispute may

(c) an controlling authority shall, after due inquiry and after dispute. makeThe application to the controlling authority for deciding thegiving the part ies to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found t o be payable to the employee, the controlling authority shall direct the employe r to pay such amount or, as the case may be, such amount as reduced by the amoun (d) The controlling authority shall t already deposited by the employer.pay the amount deposited, including the exce (e) As soon as may be after deposit is made under person entitled thereto. ss amount, if any, depositedaby the employer, to theclause (a), the controlling authority shall pay the amount of the deposit - (i) to the applicant where he is (ii) employee; or the where the applicant is not the employee, to the nominee or, as the case may be, the guardian of such nominee or heir of the employee if the controlling aut hority is satisfied that there is no dispute as to the right of the applicant to (5) For the purpose of gratuity. an inquiry under sub-section (4), the controll receive the amount conducting ing authority shall have the same powers as are vested in a court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the f ollowing matters, namely :- (a) enforcing the attendance of any person or examin (6) Any inquiry (d) issuing commissions for the examination a witnesses. (c) receiving evidence on and production ofjudicial proceeding within the mea (b) requiring the discoverysection shall beof documents; ing him on oath;under thisaffidavits; ning of sections 193 and 228, and for the purpose of section 196, of the Indian (7) Any person aggrieved by an Penal Code, 1860 (45 of 1860). order under sub-section (4) may, within sixty day s from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Gover nment in this behalf : Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was p revented by sufficient cause from preferring the appeal within the said period o Provided further that no appeal by an employer shall be of sixty days. f sixty days, extend the said period by a further periodadmitted unless at the t ime of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him a n amount equal to the amount of gratuity required to be deposited under sub-sect (8) The or deposits with the or the appellate authority, as ion (4),appropriate Governmentappellate authority such amount.the case may be, m ay, after giving the parties to the appeal a reasonable opportunity of being hea 7A. INSPECTORS. - (1) reverse the decision of the controlling authority. rd, confirm, modify orThe appropriate Government may, by notification, appoint a (2) The appropriate Government may, by the purposes of this Act. s many Inspectors, as it deems fit, forgeneral or special order, define the area to which the authority of an Inspector so appointed shall extend and where two or more Inspectors are appointed for the same area, also provide, by such order, for the distribution or allocation of work to be performed by them under this A (3) ct. Every Inspector shall be deemed to be a public servant within the meaning of 7B. POWERS OF INSPECTORS. Penal Code, 1860 (45 of 1860). by the appropriate Gov section 21 of the Indian - (1) Subject to any rules made ernment in this behalf, an Inspector may, for the purpose of ascertaining whethe r any of the provisions of this Act or the conditions, if any, of any exemption granted thereunder, have been complied with, exercise all or any of the followin g powers, namely :- (a) require an employer to furnish such information as he ma (b) enter necessary; y considerand inspect, at all reasonable hours, with such assistants (if any), b eing persons in the service of the Government or local or any public authority, as he thinks fit, any premises of or place in any factory, mine, oilfield, plant ation, port, railway company, shop or other establishment to which this Act appl ies, for the purpose of examining any register, record or notice or other docume nt required to be kept or exhibited under this Act or the rules made thereunder, or otherwise kept or exhibited in relation to the employment of any person or t he payment of gratuity to the employees, and require the production thereof for (c) examine inspection; with respect to any matter relevant to any of the purposes aforesaid , the employer or any person whom he finds in such premises or place and who, he (d) make copies cause to believe, is an employee employedrecord, notice or other has reasonable of, or take extracts from, any register, therein; document, as he may consider relevant, and where he has reason to believe that any offence under this Act has been committed by an employer, search and seize w ith such assistance as he may think fit, such register, record, notice or other (2) Any as such consider relevant (e) exercisehe required to produce anyberespect record, notice documentperson mayother powers as mayinregister,of that offence;or other documen prescribed. t or to give any information by an Inspector under sub-section (1) shall be deem ed to be legally bound to do so within the meaning of sections 175 and 176 of th (3) The Penal Code 1860 Code 1860). e Indianprovisions of the(45 ofof Criminal Procedure, 1973 (2 of 1974) shall so far as may be, apply to any search or seizure under this section as they apply t o any search or seizure made under the authority of a warrant issued under secti

on 94 of that Code. 8. RECOVERY OF GRATUITY. - If the amount of gratuity payable un der this Act is not paid by the employer, within the prescribed time, to the per son entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest th ereon at such rate as the Central Government may, by notification, specify, from the date of expiry of the prescribed time, as arrears of land revenue and pay t Provided that person entitled thereto he same to thethe controlling authority:shall, before issuing a certificate unde r this section, give the employer a reasonable opportunity of showing cause agai Provided further that the amount : nst the issue of such certificateof interest payable under this section shall, i 9. PENALTIES. - the amount for the purpose of avoiding any payment to be made n no case exceed(1) Whoever,of gratuity payable under this Act. by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representatio n shall be punishable with imprisonment for a term which may extend to six month (2) An employer who contravenes, or makes default in complying both. s, or with fine which may extend to ten thousand rupees or withwith, any of the provisions of this Act or any rule or order made thereunder shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand Provided that where extend to relates to non-payment of any both : rupees but which maythe offencetwenty thousand rupees, or withgratuity payable u nder this Act, the employer shall be punishable with imprisonment for a term whi ch shall not be less than six months but which may extend to two years unless th e court trying the offence, for reasons to be recorded by it in writing, is of o pinion that a lesser term of imprisonment or the imposition of a fine would meet 11. COGNIZANCE OF OFFENCES. - (1) No court shall take cognizance of any offence the ends of justice. punishable under this Act save on a complaint made by or under the authority of the appropriate Government : Provided that where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed tim e, the appropriate Government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, wit hin fifteen days from the date of such authorisation, make such complaint to a M (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistr agistrate having jurisdiction to try the offence. 13. PROTECTION OF GRATUITY. No gratuity payable under this this Act. ate of the first class shall-try any offence punishable underAct and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section 5 shall be liab le to attachment in execution of any decree or order of any civil, revenue or cr 14. ACT TO OVERRIDE OTHER ENACTMENTS, ETC. - The provisions of this Act or any r iminal court. ule made thereunder shall have effect notwithstanding anything inconsistent ther ewith contained in any enactment other than this Act or in any instrument or con An EMPLOYEES' PROVIDENT institution of provident funds, 1[pension 11]Act to provide for virtue & MISCELLANEOUS PROVISIONS ACT, 1952 tract having effect bytheFUNDSof any enactment other than this Act. fund] and de 2[(1) This Parliament as the Employees' Provident other establishment Prov . Short title,Act may be forfollows: Be it enacted byextent andcalledemployees posit linked insurance fundapplication - in factories andFunds and Miscellaneous 1 Subject to (2) (a) to every the whole of which is factory engaged applies 3[(3)It 1952.] the provisions containedain section 16, Jammu and Kashmir. isions Act,extends toestablishment India except the State ofitin any industry specified in Sc (b) to any other establishment employing 4[twenty] or more edule I and in which 4[twenty] or more persons are employed, and persons or class of such e tablishments which the Central Government may, by notification in the Official Ga PROVIDED that the behalf: zette, specify in thisCentral Government may, after giving not less than two months' n otice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment employing such number of persons 5[(4) Notwithstanding anything containedthe notification.] of this section or sub less than 4[twenty] as may be specified in in sub-section (3) -section (1) of section 16, where it appears to the Central Provident Fund Commi ssioner, whether on an application made to him in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment hav e agreed that the provisions of this Act should be made applicable to the establ ishment, he may, by notification in the Official Gazette, apply the provisions o f this Act to that establishment on and from the date of such agreement or from 6[(5) An establishment to which this Act applies shall continue to be governed by any subsequent date specified in such agreement.] this Act notwithstanding that the number of persons employed therein at any time (i) unless the to an establishment belonging 7[(a)Act, twenty.] government" meansIn thisbelowin 2. Definitions relation context otherwise requires, to, or under the control of, the Centra falls "appropriate Government or in relation to an establishment connected with a railway company, a major port, a mine or an oilfield or a controlled industry, 8[or in relation to an establishment having departments or branches in more than one State], the 9[(aa) "authorised (ii) in relation to any means the Central Provident Fund Commissioner, Additio Central Government; andofficer" other establishment, the State Government];

nal Central Provident Fund Commissioner, Deputy Provident Fund Commissioner, Reg ional Provident Fund Commissioner or such other officer as may be authorised by (b) "basic wages" means all emoluments which are earned by an the Central Government, by notification in the Official Gazette]; employee while on du ty or 10[on leave or on holidays with wages in either case] in accordance with t he terms of the contract of employment and which are paid or payable in cash to (ii) any dearness of any food concession; him, but(i) the cash valueallowance (that is to say, all cash payments by whatever name calle does not include: paid to an employee on account of a rise in the cost of living), house-rent all owance, overtime allowance, bonus, commission or any other similar allowance pay able to the employee in respect of his employment or of work done in such employ (c) "contribution" means a by the employer; (iii) ment; any presents madecontribution payable in respect of a member under a sch eme 11[or the contribution payable in respect of an employee to whom the Insuran (d) "controlled ce Scheme applies] ;industry" means any industry the control of which by the Union has (i) in by a means: Act to be expedient in the factory, the owner 3[(e) "employer"Centralan establishment which is a public interest; or occupier of the been declared relation to actory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the Factories (ii)the person soto any other establishment, the person who, or the authority which, Act, 1948, in relation named; and as the ultimate control over the affairs of the establishment, and where the sai d affairs are entrusted to a manager, managing director or managing agent, such (f) managing means any managing is employed for wages in any kind of work, man manager,"employee"director orperson whoagent]; ual or otherwise, in or in connection with the work of 12[an establishment], and who gets his wages directly or indirectly from the employer, 13[and includes an y person(i) employed by or through a contractor in or in connection with the work of the esta (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices lishment; 14[(ff)"exempted standing means an employee to whom a Scheme ct, 1961, or under theemployee" orders of the establishment]; 11[or the Insurance S cheme, as the case may be,] would, but for the exemption granted under 15[***] sec 17, "exempted 16[establishment]" means 12[an establishment] in respect of which tion(fff)have applied; an exemption has been granted under section 17 from the operation of all 11[or a ny of the provisions of any Scheme or the Insurance Scheme, as the case may be], whether such exemption has been granted to the 16[establishment] as such or to (g) "factory" means any premises, including the any person or class of persons employed therein]; precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on (h) "Fund" means the any industry specified in Schedule I, and , whether with the aid ofprovident without she aid of power;Scheme;includes any other (i) "industry" means power or fund established under a 18[(ia) "Insurance Fund" means the Deposit-linked Insurance industry added to the Schedule by notification under section 4; Fund established under (ib) "Insurance section 6C; the Employees' Deposit-linked Insurance Scheme frame sub-section (2) of Scheme" means 19[20[(ic)] "manufacture" or "manufacturing process" means any process for making, d under sub-section (1) of section 6C]; altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning , breaking up, demolishing, or otherwise treating or adapting any article or sub (j) "member" means a use, of thethe person who has ultimate control stance with a viewof aitsmembersale, transport, delivery or disposal] ; over the aff (k) "occupier to factory" means fund; airs of the factory, and, where the saidaffairs are entrusted to a managing agent 20[(kA) shall be deemed to the Employees' Pension Fund established under sub-sec , such agent"Pension Fund" meansbe the occupier of the factory; (2) "Pension Scheme" tion(kB) of section 6A; means the Employees' Pension Scheme framed under sub-section 9[(ka) "prescribed" means prescribed by rulesthe Central this Act; State Governm (1)(kb)section 6A;Officer" means any officer of made under Government, of "Recovery ] ent or the Board of Trustees constituted under section 5A, who may be authorised by the Central Government, by notification in the Official Gazette, to exercise 21[(l) "scheme" means the Employees' Provident the powers of a Recovery Officer under this Act] ; Fund Scheme framed under section 5] ; 22[(ll) "superannuation", in relation to an employee who is the member of the Pens ion Scheme, means the attainment, by the said employee, of the age of fifty-eigh 9[(m) t years".]"Tribunal" means the Employees' Provident Funds Appellate Tribunal constitut For the section 7D]. 6[2A. Establishment to include all departments and branches ed underremoval of doubts, it is hereby declared that where an establishment con sists of different departments or has branches, whether situate in the same plac e or in different places, all such departments or branches shall be treated as p 3[3. Power same establishment. arts of theto apply the Act to an establishment which has a common provident fun Where another establishment d withimmediately before this Act becomes applicable to an establishment there i s in existence a provident fund which is common to the employees employed in tha t establishment and employees in any other establishment, the Central Government may, by notification in the Official Gazette, direct that the provisions of thi (1) to Central Government 4. PowerThe add apply to such may, establishment.] s Act shall alsoto Schedule Iotherby notification in the Official Gazette, add to Sc hedule I any other industry in respect of the employees whereof it is of opinion that a provident fund scheme should be framed under this Act, and thereupon the

industry so added shall be deemed to be an industry specified in Schedule I for (2) All notifications under sub-section (1) shall be laid before Parliament, as so the purposes of this Act. 23[(1)] after they are Scheme 5. EmployeesThe Central Government may, by notification in the Official Gazette, frame on as may be,Provident Funds issued. a Scheme to be called the Employees' Provident Funds Scheme for the establishme nt of provident funds under this Act for employees or for any class of employees and specify the 24[establishments] or class of 24[establishments] to which the said Scheme shall apply 25[and there shall be established, as soon as may be aft er the framing of the Scheme, a Fund in accordance with the provisions of this A 26[(1A) The Fund ct and the Scheme.] shall vest in, and be administered by, the Central Board constitut (1B) Subject to ed under section 5A.the provisions of this Act, a Scheme framed under sub-section (1) 25[(2) Scheme framed under matters specified provide that may provideAfor all or any of thesub-section (1) mayin Sch. II. ] any of its provision s shall take effect either prospectively or retrospectively on such date as may (1) The in this 26[5A. Central Board behalf in may, be notification in the Official Gazette, constitut be specifiedCentral Government the Scheme. e, with effect from such date as may be specified therein, a Board of Trustees f or the territories to which this Act extends (hereinafter in this Act referred t o as the Central Board) consisting of the following 27[persons as members], name (a)28[amore than and apersons appointed by the ex officio]; Central Government; o ly: (b) not Chairman Provident Fund Commissioner, Central Government from amongst its 9[(aa) the Centralfive Vice-Chairman] to be appointed by the ficials;(c) not more than fifteen persons representing Governments of such States as the Cent (d) 29[ten persons] this behalf, appointed by the central Government; al Government may specify inrepresenting employers of the establishments to which the Scheme pplies, appointed by the Central Government after consultation with such organiz ations of employers as may be recognised by the Central Government in this behal f; and (e) 29[ten persons] representing employees in the establishments to which the Scheme pplies, appointed by the Central Government after consultation with such organiz ations of employees as may be recognised by the Central Government in this behal f. (2) The terms and conditions subject to which a member of the Central Board may be appointed and the time, place and procedure of the meetings of the Central Boar (3) The Central Board shall, 30[subject to the provisions of section 6A] 11[and se d shall be such as may be provided for in the Scheme. ction 6C], administer the fund vested in it in such manner as may be specified i (4) The Central Board shall perform such other functions as it may be required to n the Scheme. perform by or under any provisions of the Scheme, 31[Family Pension Scheme and t 11[(5) The Central he Insurance Scheme]. Board shall maintain proper accounts of its income and expendit ure in such form and in such manner as the Central Government may, after consult (6) The accounts of the Central Board shall be audited annually by Scheme. ation with the Comptroller and Auditor-General of India, specify in thethe Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Central Board to the Comptroller and Aud General of India. itor(7) The Comptroller and Auditor-General of India and any person appointed by him i n connection with the audit of the accounts of the Central Board shall have the same rights and privileges and authority in connection with such audit as the Co mptroller and Auditor-General has, in connection with the audit of Government ac counts and, in particular, shall have the right to demand the production of book s, accounts, connected vouchers, documents and papers and inspect any of the off of The accounts of the Central Board as certified by the Comptroller and Auditorices(8) the Central Board. General of India or any other person appointed by him in this behalf together wi th the audit report thereon shall be forwarded to the Central Board which shall forward the same to the Central Government along with its comments on the report the Comptroller and Auditor-General. of (9) It shall be the duty of the Central Board to submit also to the Central Govern ment an annual report of its work and activities and the Central Government shal l cause a copy of the annual report, the audited accounts together with the repo rt of the Comptroller and Auditor-General of India and the comments of the Centr (1) thereon Committee 9[5AA. Executive to Government may, by House of Parliament.] al BoardThe Central be laid before eachnotification in the Official Gazette, constitut e, with effect from such date as may be specified therein, an Executive Committe assist Executive Committee the consist of the following persons as members, nam e to(2) The the Central Board inshallperformance of its functions. ely : (a) a Chairman appointed by the Central Government from amongst the members of the Ce (b) tral Board; two persons appointed by the Central Government from amongst the persons referred (c) (b) persons appointed by the Central to in clausethreeof sub-section (1) of section 5A; Government from amongst the persons referr (d) three of sub-section (1) the employers elected d to in clause (c)persons representingof section 5A; by the Central Board from amongs (3) The terms and to in clauseFund of sub-sectionex officio. Central Board may be (f) the Central Providentsubject to which a memberof section 5A; the persons referred conditions (d) Commissioner, (1) of the appointed or elected to the Executive Committee and the time, place and procedu re of the meetings of the Executive Committee shall be such as may be provided f (1) The Board 26[5B. StateCentral or in the Scheme.] Government may, after consultation with the Government of any Stat

e, by notification in the Official Gazette, constitute for that State a Board of Trustees (hereinafter in this Act referred to as the State Board) in such manne may State Board shall exercise such r as(2) Abe provided for in the Scheme. powers and perform such duties as the Centra (3) The may and conditions subject to which l Governmenttermsassign to it from time to time. a member of a State Board may be app ointed and the time, place and procedure of the meetings of a State Board shall Every as of Trustees to be body under section 5A or section 5B shall be a bo 26[5C.Boardmay Trustees constituted corporate be suchBoardof be provided for in the Scheme.] dy corporate under the name specified in the notification constituting it, havin g perpetual succession and a common seal and shall by the said name sue and be s 26[5D. The Central Government ued.(1)Appointment of officers shall appoint a Central Provident Fund Commissioner who shall be the chief executive officer of the Central Board and shall be subject (2) The Central Government may also appoint 32[a Financial Adviser and Chief Accou to the general control and superintendence of that Board. nts Officer] to assist the Central Provident Fund Commissioner in the discharge (3) The Central Board may appoint, 26[subject to the maximum scale of pay, as may of his duties. be specified in the Scheme, as many Additional Central Provident Fund Commission ers, Deputy Provident Fund Commissioners, Regional Provident Fund Commissioners, Assistant Provident Fund Commissioners and such other officers and employees as it may consider necessary for the efficient administration of the Scheme, the 3 (4) No appointment to 34[the post of the 3[Pension] Scheme and the Insurance Scheme. Central Provident Fund Commissioner or a Financial Advisor and Chief Accounts Officer or any other post under the Central Board carrying a scale of pay equivalent to the scale of pay of any Group 'A' o r Group 'B' post under the Central Government] shall be made except after consul PROVIDED that no Public Service Commission: tation with the Unionsuch consultation shall be necessary in regard to any such appoin (i) a member to be of the Central or (b) if ainpersonnot exceeding one year,the time or a appointment tment (a) fortheperiodservice appointed is atGovernmentof hisState Government or the Centra (ii) the of the Indian Administrative Service, or (5) A State or Group with the approval of the State Government concerned, appoin n a 35[Group 'A'Board may,'B' post.] (6) The as it of consider necessary. t such staffmethod mayrecruitment, salary and allowances, discipline and other conditi ons of service of the Central Provident Fund Commissioner, 36[and the Financial Adviser and Chief Accounts Officer] shall be such as may be specified by the Cen Government method salary and allowances and allowances, discipline and tral5[(7)(a) Theand suchof recruitment, salary shall be paid out of the Fund. other co nditions of service of the Additional Central Provident Fund Commissioner, Deput y Provident Fund Commissioner, Regional Provident Fund Commissioner, Assistant P rovident Fund Commissioner and other officers and employees of the Central Board shall be such as may be specified by the Central Board in accordance with the r ules and orders applicable to the officers and employees of the Central Governme PROVIDED that where scales of Board nt drawing correspondingthe Centralpay: is of the opinion that it is necessary to ma ke a departure from the said rules or orders in respect of any of the matters afores (b) In determining the corresponding scales of pay of officers and employees under cl aid, it shall obtain the prior approval of the Central Government. (a), the Central Board shall have regard to the educational qualifications, meth od of recruitment, duties and responsibilities of such officers and employees un der the Central Government and in case of any doubt, the Central Board shall ref (8) The method of recruitment, salary and allowances, discipline and other er the matter to the Central Government whose decision thereon shall be final.]conditi ons of service37 of officers and employees of State Board shall be such as may b 9[5DD. Acts and proceedings of the approval of or its Executive Committee or e specified by that Board, withthe Central Boardthe State Government concerned.t No act done or proceeding taken by the Central Board or he State Board not to be invalidated on certain groundsthe Executive Committee constituted under section 5AA or the State Board shall be questioned on the grou nd merely of the existence of any vacancy in, or any defect in the constitution of, the Central Board or the Executive Committee or the State Board, as the case 38[The Central Board may delegate to the Executive Committee or to the Chairman 26[5E. Delegation may be.] of the Board or to any of its officers and a State Board may delegate to its Cha irman or to any of its officers] subject to such conditions and limitations, if any, as it may specify, such of its powers and functions under this Act as it ma y deem necessary for the efficient administration of the Scheme, the 33[Pension 39[* * *] the Insurance Scheme].] 6. Contributions and matters which may Scheme andThe contribution which shall be providedthe employerScheme Fund shall paid by for in the to the be 40[ten per cent] of the basic wages, 41[dearness allowance and retaining all owance (if any)], for the time being payable to each of the employees 26[(whethe r employed by him directly or by or through a contractor)] and the employees' co ntribution shall be equal to the contribution payable by the employer in respect of him and may, 42[if any employee so desires be an amount not exceeding 43[ten per cent] of his basic wages, dearness allowance and retaining allowance (if any ), subject to the condition that the employer shall not be under an obligation t o pay any contribution over and above his contribution payable under this sectio

44[PROVIDED that in its application to any establishment or class of establishme n]: nts which the Central Government, after making such inquiry as it deems fit, may , by notification in the Official Gazette specify, this section shall be subject to the modification that for the words 40[ten per cent], at both the places whe 45[PROVIDED FURTHER that] where the amount of any be substituted]: re they occur, the words 43[twelve per cent] shallcontribution payable under thi s Act involves a fraction of a rupee, the Scheme may provide for the rounding of Explanation 46[11 For the purposes of half of a rupee dearness of a rupee. f of such fraction:to the nearest rupee,this 47[section],or quarterallowance sha ll be deemed to include also the cash value of any food concession allowed to th 6[Explanation e employee. 2 : For the purposes of this 47[section], "retaining allowance" me ans an allowance payable for the time being to an employee of any factory or oth er establishment during any period in which the establishment is not working, fo (1) The Central Government may, by notification in the Official Gazette, frame a s 48[6A. Employees' Pension r retaining his services.]Scheme cheme to be called the Employees' Pension Scheme for the purpose of providing fo r: (a) superannuation pension, retiring pension or permanent total disablement pension t the employees of any establishment or class of establishments to which this Act (b) widow or widower's pension, children pension or orphan pension payable to the ben applies; and (2) Notwithstanding anything contained in section 6, there shall be established, a ficiaries of such employees. s soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a me (a) such sums from mber of the Pension Scheme:the employer's contribution under section 6, not exceeding eight a d one-third per cent of the basic wages, dearness allowance and retaining allowa nce, if any, of the concerned employees, as may be specified in the Pension Sche (b) such sums as are payable by the employers of exempted establishments under sub-se me; of the net assets of the Employees' Family Pension Fund as on the date of the establ tion (6)(c) section 17; (d) such sums as the shment of the Pension Fund; Central Government may, after due appropriation by Parliament by (3) On behalf, specify. law in thisthe establishment of the Pension Fund, the Family Pension Scheme (hereinaft er referred to as the ceased scheme) shall cease to operate and all assets of th e ceased scheme shall vest in and shall stand transferred to, and all liabilitie s under the ceased scheme shall be enforceable against, the Pension Fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, n ot less than the benefits, they were entitled to under the ceased scheme, from t (4) The Pension Fund shall vest in and be administered by the Central Board in suc he Pension Fund. (5) as may to the provisions of this Act, the h mannerSubject be specified in the Pension Scheme.Pension Scheme may provide for all (6) The Pension Scheme may in Schedule all or any of the matters specifiedprovide that III.or any of its provisions shall take ef fect either prospectively or retrospectively on such date as may be specified in (7) A Pension Scheme, framed under sub-section (1) shall be laid, as soon as may b that behalf in that Scheme. e after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two o r more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree i n making any modification in the scheme or both Houses agree that the scheme sho uld not be made, the scheme shall thereafter have effect only in such modified f orm or be of no effect, as the case may be; so, however, that any such modificat ion or annulment shall be without prejudice to the validity of anything previous (1) The Central Government may, by notification 11[6C. under that scheme. ly doneEmployees' Deposit Linked insurance Scheme in the Official Gazette, frame a S cheme to be called the Employees' Deposit-linked Insurance Scheme for the purpos e of providing life insurance benefits to the employees of any establishment or (2) establishments to which this soon as may class ofThere shall be established, asAct applies. be after the framing of the Insuran ce Scheme, a Deposit-linked Insurance Fund into which shall be paid by the emplo yer from time to time in respect of every such employee in relation to whom he i s the employer, such amount, not being more than one per cent of the aggregate o f the basic wages, dearness allowance and retaining allowance (if any) for the t ime being payable in relation to such employee as the Central Government may, by Explanation: the Official Gazette, specify. notification in For the purposes of this sub-section, the expressions "dearness allow 49[(3) ***]employer shall pay in to same meanings as such further ance" and "retaining allowance" have thethe Insurance Fundin section 6. sums of money, (4)(a) The not exceeding one-fourth of the contribution which he is required to make under sub-section (2), as the Central Government may, from time to time, determine to meet all the expenses in connection with administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided by or under t 49[(b) Insurance Fund shall vest in the Central Board and be administered by it i hat Scheme.***] (5) The

(6) The Insurance Scheme may in the for all or any of n such manner as may be specifiedprovide Insurance Scheme. the matters specified in Sc (7) The hedule IV. Insurance Scheme may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this Every Laying ofScheme.] section 5, section 50[6D.Scheme framed underbefore Parliament 6A and Section 6C shall be laid, as behalf in that Schemes soon as may be after it is framed, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one ses sion or in two or more successive sessions, and if, before the expiry of the ses sion immediately following the session or the successive sessions aforesaid, bot h Houses agree in making any notification in the Scheme, or both Houses agree th at the scheme should not be framed, the Scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity o (1) The Central Government may, Scheme.] 7. Modification of Scheme f anything previously done under theby notification in the Official Gazette, add to, 2 [amend or vary, either prospectively or retrospectively, the Scheme, the 33[Pens Scheme or the Insurance issued under case may be.] ion]51[(2) Every notificationScheme, as thesub-section (1) shall be laid, as soon as m ay be after it is issued, before each House of Parliament while it is in session , for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immed iately following the session or the successive sessions aforesaid, both Houses a gree in making any modification in the notification, or both houses agree that t he notification should not be issued, the notification shall thereafter have eff ect only in such modified form or be of no effect, as the case may be ; so howev er, that any such modification or annulment shall be without prejudice to the va 5[(1) The Central Provident Fund Commissioner, 26[7A. Determination of moneys due from that notification.] lidity of anything previously done underemployers any Additional Central Provident Fu nd Commissioner, any Deputy Provident Fund Commissioner, any Regional Provident (a) in a case where a Provident Fund Commissioner applicability Fund Commissioner or any Assistantdispute arises regarding the may, by order,of this Act to a (b) determine the amount due from any employer under any provision of this Act, t shment, decide such dispute; and and the 33[Pension]aforesaid purposes may conduct such the caseas hebe, deem ne or for any of the Scheme or the Insurance Scheme, as inquiry may may (2) The cessary.] officer conducting the inquiry under sub-section (1) shall, for the purpos es of such inquiry, have the same powers as are vested in a court under the Code of Civil Procedure, 1908, for trying a suit in respect of the following matters and any such(c) receiving be discovery be production of documents; (b) requiring evidence onto the any person or examining him on oath; , namely: (a) enforcing the attendanceandjudicial proceeding within the meanin (d) issuing commissions for of examination of witnesses; inquiry shall deemed affidavit; g of sections 193 and 228, and for the purpose of section 196 of the Indian Pena (3) l Code. No order 52[***] shall be made under sub-section (1), unless 53[the employer c 9[(3A) Where the employer, opportunity of other person required oncerned] is given a reasonableemployee or any representing his case.to attend the inq uiry under sub-section (1) fails to attend such inquiry without assigning any va lid reason or fails to produce any document or to file any report or return when called upon to do so, the officer conducting the inquiry may decide the applica bility of the Act or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such enquiry and other document 5[(4) Where an order s available on record.] under sub-section (1) is passed against an employer ex parte, he may, within three months from the date of communication of such order, apply to the officer for setting aside such order and if he satisfies the officer tha t the show cause notice was not duly served or that he was prevented by any suff icient cause from appearing when the inquiry was held, the officer shall make an order setting aside his earlier order and shall appoint a date for proceeding w PROVIDED that ith the inquiry: no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the officer is satisfied that the employer had notice of the date of hearing and had sufficient Explanation:before theappeal has been preferred under this Act against an order pa time to appear Where an officer. ssed ex parte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this (5) No order settingunder this ex-pert order.be set aside on any application under sub-section for passed aside the section shall (1) The Central Government Appellate Tribunal in the Official Gazette, constitut 7D. Employees' Providentnotice thereof has been served on the opposite party.] sub-section (4) unless Funds may, by notification e one or more Appellate Tribunals to be known as the Employees' Provident Funds Appellate Tribunal to exercise the powers and discharge the functions conferred on such Tribunal by this Act and every such Tribunal shall have jurisdiction in respect of establishments situated in such area as may be specified in the notif (2) A Tribunal shall consist of ication constituting the Tribunal. one person only to be appointed by the Central Gov 43[(3) ernment. A person shall not be qualified for appointment as a Presiding Officer of a

Tribunal (hereinafter referred to as the Presiding Officer) unless he is or has The Term Judge of 7E. (ii)aofDistrict Highabe (i)oraisoffice aJudge.]Tribunal shall hold office for a term of five years f been, Presidingqualifiedof Court; or Officer to rom the date on which he enters upon his office or until he attains the age of s (1) years, 7F. Resignation whichever is may, by ixty-twoThe Presiding Officerearlier. notice in writing under his hand addressed to th PROVIDED that the Presiding office: e Central Government, resign hisOfficer shall, unless he is permitted by the Central G overnment to relinquish his office sooner, continue to hold office until the exp iry of three months from the date of receipt of such notice or until a person du ly appointed as his successor enters upon his office or until the expiry of his of office, whichever is the shall not term55[(2) The Presiding Officer earliest. be removed from his office except by an ord er made by the President on the ground of proved misbehaviour or incapacity afte r an inquiry made by a Judge of the High Court in which such Presiding Officer h ad been informed of the charges against him and given a reasonable opportunity o (3) The Central Government may, by rules, regulate the procedure for the investiga f being heard in respect of those charges. of The Tribunal 7H. (1) misbehaviour or incapacity of the Presiding Officer.] tionStaff ofCentral Government shall determine the nature and categories of the office rs and other employees required to assist a Tribunal in the discharge of its fun ctions and provide the Tribunal with such officers and other employees as it may (2)fit. officers and other employees of a Tribunal shall discharge their functions think The (3)the general superintendence of the Presiding Officer.service of the officers an under The salaries and allowances and other conditions of Appeals to Tribunal 7-I.(1) Any person aggrieved by a notification issued by the Central d other employees of a Tribunal shall be such as may be prescribed. Government, or an order passed by the Central Government or any authority, under the proviso to s ub-section (3), or sub-section (4), of section 1, or section 3, or sub-section ( 1) of section 7A, or section 7B [except an order rejecting an application for re view referred to in sub-section (5) thereof], or section 7C, or section 14B, may (2) an appeal to a Tribunal against(1) shall be filed or order. prefer Every appeal under sub-section such notification in such form and manner, wit (1) Tribunal shall 7J. Procedure of be accompanied by to regulate its own prescribed. hin suchAtime andTribunalhave power such fees, as may beprocedure in all matters arisi ng out of the exercise of its powers or of the discharge of its functions includ (2) A Tribunal shall, for the purpose have its sittings. ing the places at which the Tribunal shallof discharging its functions, have all the p owers which are vested in the officers referred to in section 7A and any proceed ing before the Tribunal shall be deemed to be a judicial proceeding within the m eaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code, 1860 (45 of 1860), and the Tribunal shall be deemed to be a Civil C ourt for all the purposes of section 195 and Chapter XXVI of the Code of Crimina 7K. Right of (2 of 1974). l Procedure, 1973appellant to take assistance of legal practitioner and of government, (1) Aappoint presenting officers to a Tribunal under this Act may either appear i etc. to person preferring an appeal n person or take the assistance of a legal practitioner of his choice to present (2) The Central Government or a State Government or any other authority under this his case before the Tribunal. Act may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with (1) Atoof Tribunal after giving the 7L. OrdersTribunal may,before a Tribunal.parties to the appeal an opportunity of being respect any appeal heard, pass such orders thereon as it thinks fit, confirming, modifying or annu lling the order appealed against or may refer the case back to the authority whi ch passed such order with such directions as the Tribunal may think fit, for a f resh adjudication or order, as the case may be, after taking additional evidence necessary. , if(2) A Tribunal may, at any time within five years from the date of its order, with a view to rectifying any mistake apparent from the record, amend any order pass ed by it under sub-section (1) and shall make such amendment in the order if the PROVIDEDbrought to its notice by the parties to theenhancing the amount due from, mistake is that an amendment which has the effect of appeal: or otherwise increasing the liability of, the employer shall not be made under t his sub-section, unless the Tribunal has given notice to him of its intention to so andTribunal shall sendreasonable opportunity of being heard. section to the p do (3) A has allowed him a a copy of every order passed under this (4) Any order may arties to the appeal. by a Tribunal finally disposing of an appeal shall not be questi No appeal by the of law. 7-O. Deposit of amount due, on be entertained oned in any Courtemployer shallfiling appeal by a Tribunal unless he has depos ited with it seventy-five per cent of the amount due from him as determined by a PROVIDED referred to in section 7A reasons to be recorded in writing, waive or n officerthat the Tribunal may, for : The employer shall be liable to pay 7Q. Interest payable by the employersimple interest at reduce the amount to be deposited under this section. the rate of twelve per ce nt per annum or at such higher rate as may be specified in the Scheme on any amo unt due from him under this Act from the date on which the amount has become so PROVIDED that higher rate of interest specified in the Scheme shall not exceed t due till the date of its actual payment: (a) from recovery of in relation any scheduled Any amount due: 56[8. Mode ofthe employer moneys due from employers bank.] he lending rate of interest charged byto 12[an establishment] to which any 57[Scheme o r the Insurance Scheme] applies in respect of any contribution payable to 57[the

Fund or, as the case may be, the Insurance Fund], damages recoverable under sec tion 14B, accumulations required to be transferred under sub-section (2) of sect ion 15 26[or under sub-section (5) of section 17] or any charges payable by him under any other provision of this Act or of any provision of the 58[Scheme or th (b) from the employer e Insurance Scheme] ; or in relation to an exempted 59[establishment] in respect of a ny damages recoverable under section 14B or any charges payable by him to the ap propriate Government under any provision of this Actor under any of the conditio ns specified 60[under section 17 or in respect of the contribution payable by him towards the 33[Pension] 58[Scheme or the Insurance Scheme] under the said secti may, if on 17], the amount is in arrears, 61[be recovered 62[in the manner specified in (1) 8B to of moneys by employers and is to say, 26[8A. Recoveryamount sections63[The 8G.]]] of contribution (thatcontractors the employer's contribution as well as the employee's contribution in pursuance of any Scheme and the employer' s contribution in pursuance of the Insurance Scheme)]; and any charges 64[***] f or meeting the cost of administering the Fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by s uch employer from the contractor, either by deduction from any amount payable to (2) A contractor from contract or as a debt payable by the contractor. be recover the contractor under any whom the amounts mentioned in sub-section (1) may ed in respect of any employee employed by or through him, may recover from such employee the employee's contribution 11[under any Scheme] by deduction from the basic wages, dearness allowance and retaining allowance (if any) payable to such (3) Notwithstanding any contract to the contrary, no contractor shall be entitled employee. to deduct the employer's contribution or the charges referred to in sub-section (1) from the basic wages, dearness allowance, and retaining allowance (if any) p ayable to an employee employed by or through him or otherwise to recover such co Explanation: In this section, the expression "dearness allowance" and "retaining a ntribution or charges from such employee. (1) Where any amount is in arrears under 64[8B. Issue of certificate to the Recovery section 8, llowance" shall have the same meanings as inOfficer 6.]the authorised officer may iss ue, to the Recovery Officer, a certificate under his signature specifying the am ount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as th (a) attachment and by of the movable or immovable property of e case may be, the employersaleone or more of the modes mentioned below:the establishment or, (b) arrest theaemployer; and his detention of the movable or immovable properties o as the case may be,of thereceiver for the management in prison; (c) appointing employer PROVIDED that the the case may be, theof any property under this section shall first the establishment or, as attachment and sale employer: e effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears spec ified in the certificate, the Recovery Officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arre ars.(2) The authorised officer may issue a certificate under sub-section (1), not with standing that proceedings for recovery of the arrears by any other mode have bee (1) 8C. Recovery Officer to whom certificate is to certificate n taken.The authorised officer may forward the be forwardedreferred to in section 8B t (a) carries on his business or profession or within whose jurisdiction the principal o the Recovery Officer within whose jurisdiction the employer (b) resides or any movable or immovable property of the establishment or the employer lace of his establishment is situate; or (2) Where is situate. an establishment or the employer has property within the jurisdiction of more than one Recovery Officers and the Recovery Officer to whom a certificate (a) is not able to recover is sent by the authorised officer to the entire amount by the sale of the property, movable (b) within his jurisdiction; or r immovable,is of the opinion that, for the purpose of expediting or securing the recovery of he whole or any part of the amount, only a part of the amount themay send the certificate or, whereit is necessary so to do, is to be recover ed, a copy of the certificate certified in the prescribed manner and specifying the amount to be recovered to the Recovery Officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereup on that Recovery Officer shall also proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent Validity of certificate and amendment a certificate to Recovery Officer under sec 8D. him by the authorised officer. issuesthereof to (1) When the authorised officer tion 8B, it shall not be open to the employer to dispute before the Recovery Off icer the correctness of the amount, and no objection to the certificate on any o ground shall also the issue of certificate to a Recovery ther(2) Notwithstandingbe entertainedaby the Recovery Officer. Officer, the authoris ed officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the Recov (3) The ery Officer.authorised officer shall intimate to the Recovery Officer any order withdr awing or cancelling a certificate or any correction made by him under sub-sectio (1) of amendment that certificate has been section the 8E. Stay anyproceedings underacertificate and amendment or to8E. Recovery Officer for n (2) orNotwithstandingmade under sub-section (4) ofissued withdrawal thereof

the recovery of any amount, the authorised officer may grant time for the payme nt of the amount, and thereupon the Recovery Officer shall stay the proceedings (2) Where a of the time so the recovery of amount has been issued, the authorised until the expirycertificate for granted. officer shall keep the Recovery Officer informed of any amount paid or time gra for payment, order giving the to a of such amount for nted(3) Where the subsequent torise issuedemand ofcertificate.which a certificate for recovery has been issued has been modified in appeal or other proceeding under t his Act, and, as a consequence thereof, the demand is reduced but the order is t he subject-matter of a further proceeding under this Act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertai ns to the said reduction for the period for which the appeal or other proceeding (4) Where a certificate for the recovery of amount has been issued and subsequentl remains pending. y the amount of the outstanding demand is reduced as a result of an appeal or ot her proceeding under this Act, the authorised officer shall, when the order whic h was the subject-matter of such appeal or other proceeding has become final and (1) Notwithstanding the issue or certificate to 8F. Other modes of the certificateof awithdraw it, as the case may be. conclusive, amend recovery Recovery Officer under secti on 8B, the Central Provident Fund Commissioner or any other officer authorised by the Central Board may recover the amount by any one or more of the modes provid (2) If any amount ed in this section. is due from any person to any employer who is in arrears, the Ce ntral Provident Fund Commissioner or any other officer authorised by the Central Board in this behalf may require such person to deduct from the said amount the arrears due from such employer under this Act, and such person shall comply wit h any such requisition and shall pay the sum so deducted to the credit of the Ce ntral Provident Fund Commissioner or the officer so authorised, as the case may be: PROVIDED that nothing in this sub-section shall apply to any part of the amount ex empt from attachment in execution of a decree of a civil court under section 60 (3) (i) The Central Provident Fund of the Code of Civil Procedure, 1908. Commissioner or any other officer authorised by the Central Board in this behalf may, at any time or from time to time, by noti ce in writing, require any person from whom money is due or may become due to th e employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or as the case may be, the establishment, to pay to the Central Provident Fund Commissioner either forthwith upon the money becoming due or being held or at or within the time sp ecified in the notice (not being before the money becomes due or is held) so muc h of the money as is sufficient to pay the amount due from the employer in respe ct of arrears or the whole of the money when it is equal to or less than that am ount. (ii) A notice under this sub-section may be issued to any person who holds or may sub equently hold any money for or on account of the employer jointly with any other person and for the purposes of this sub-section, the shares of the joint-holder (iii) A copy of the notice shall be forwarded to the employer at his last s in such account shall be presumed, until the contrary is proved, to be equal. address kno n to the Central Provident Fund Commissioner or, as the case may be, the officer so authorised and in the case of a joint account to all the joint-holders at th eir last addresses known to the Central Provident Fund Commissioner or the offic (iv) Save er so authorised. as otherwise provided in this sub-section, every person to whom a notice is sued under this sub-section shall be bound to comply with such notice, and, in p articular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any oth er document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or require (v) Any claim ment to the contrary. respecting any property in relation to which a notice under this sub-se on has been issued arising after the date of the notice shall be void as against (vi)containedperson to whom a notice under this sub-section is sent objects to it by any demand Where a in the notice. tatement on oath that the sum demanded or any part thereof is not due to the emp loyer or that he does not hold any money for or on account of the employer, then , nothing contained in this sub-section shall be deemed to require such person t o pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be p ersonally liable to the Central Provident Fund Commissioner or the officer so au thorised to the extent of his own liability to the employer on the date of the n otice, or to the extent of the employer's liability for any sum due under this A (vii) The Central Provident Fund Commissioner or the officer so authorised may, at an ct, whichever is less.

ime or from time to time, amend or revoke any notice issued under this sub-secti (viii) The Central Provident Fund Commissioner or the officer so on or extend the time for making any payment in pursuance of such notice.authorised shall gra a receipt for any amount paid in compliance with a notice issued under this subsection, and the person so paying shall be fully discharged from his liability t (ix) Any the extent of the any liability to o the employer toperson discharging amount so paid. the employer after the receipt of a noti under this sub-section shall be personally liable to the Central Provident Fund Commissioner or the officer so authorised to the extent of his own liability to the employer so discharged or to the extent of the employer's liability for any (x) If the person to whom a less. sum due under this Act, whichever isnotice under this sub-section is sent fails to make payme in pursuance thereof to the Central Provident Fund Commissioner or the officer s o authorised he shall be deemed to be an employer in default in respect of the a mount specified in the notice and further proceedings may be taken against him f or the realisation of the amount as if it were an arrear due from him, in the ma nner provided in sections 8B to 8E and the notice shall have the same effect as an attachment of a debt by the Recovery Officer in exercise of his powers under (4) The section 8B. Central Provident Fund Commissioner or the officer authorised by the Centr al Board in this behalf may apply to the court in whose custody there is money b elonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amou (5) nt due. The Central Provident Fund Commissioner or any officer not below the rank of A ssistant Provident Fund Commissioner may, if so authorised by the Central Govern ment by general or special order, recover any arrears of amount due from an empl oyer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the Third Schedule to the In The Tax Act, of certain provisions Schedules to the 8G. provisions1961 (43 of 1961). comeApplicationof the Second and Thirdof Income Tax Act Income Tax Act, 1961 (43 of 1961), and the Income Tax (Certificate Proceedings) Rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said prov isions and the rules referred to the arrears of the amount mentioned in section PROVIDED Act any reference in Income provisions and the rules to the "assesse 8 of thisthat instead of to thethe saidTax: For the be construed as a under Act an employer 66[9. Fund to be of the Indian Income Tax Act, 1922, the Fund in this deemed e" shallpurposes recognisedreference to11 of 1922 as definedshall be Act. to 25[PROVIDED that provident fund withinthe said ChapterChapteroperate to render i be a recognised nothing contained in the meaning of shall IX-A of that Act: neffective any provision of the Scheme (under which the Fund is established) whi ch is repugnant to any of the provisions of that Chapter or of the rules made th (1) The 10. Protection against attachment ereunder.]] amount standing to the credit of any member in the Fund 25[or of any exemp ted employee in a provident fund] shall not in any way be capable of being assig ned or charged and shall not be liable to attachment under any decree or order o f any Court in respect of any debt or liability incurred by the member 25[or the exempted employee], and neither the official assignee appointed under the Presi dency Towns Insolvency Act, 1909, nor any receiver appointed under the Provincia l Insolvency Act, 1920, shall be entitled to, or have any claim on, any such amo unt.56[(2) Any amount standing to the credit of a member in the Fund or of an exempted employee in a provident fund at the time of his death and payable to his nomine e under the Scheme or the rules of the Provident Fund shall, subject to any dedu ction authorised by the said Scheme or rules, vest in the nominee and shall be f ree from any debt or other liability incurred by the deceased or the nominee bef ore the death of the member or of the exempted employee 9[and shall also not be 30[(3) The provisions any decree or (1) and any Court.] liable to attachment underof sub-section order ofsub-section (2) shall, so far as may be, apply in relation to the family pension or any other amount payable under th e 33[Pension] Scheme 11[and also in relation to any amount payable under the Ins 67[(1)] of payment employer is adjudicated in solvent 11. Priority68[Where anyof contributions over other debts or, being a company, urance Scheme] as they apply in relation to any amount payable out of the Fund.] an or (a) from the made, the relation der for winding up isemployer inamount dueto 12[an establishment] to which any 69[Scheme or t e insurance Scheme] applies in respect of any contribution payable to the Fund 1 1[or, as the case may be, the Insurance Fund], damages recoverable under section 14B, accumulations required to be transferred under sub-section (2) of section 15 or any charges payable by him under any other provision of this Act or of any (b)of thethe employer in relation to Scheme]; or 70[establishment] in respect of any provision from 69[Scheme or the Insurance an exempted ontribution to 69[the provident fund or any insurance fund] (in so far as it rel ates to exempted employees), under the rules of 69[the provident fund or any ins urance fund] 30[any contribution payable by him towards the 33[Pension] Fund und er sub-section (6) of section 17,] damages recoverable under section 14B or any

charges payable by him to the appropriate Government under any provision of this Act under any of the conditions specified under section 17, shall where the lia bility therefor has accrued before the order of adjudication or winding up is ma de, be deemed to be included] among the debts which under section 49 of the Pres idency Towns Insolvency Act, 1909, or under section 61 of the Provincial Insolve ncy Act, 1920, or under 61[section 530 of the Companies Act, 1956], are to be pa id in priority to all other debts in the distribution of the property of the ins 11[Explanation: of the sub-section and in up, as 17, "insurance fund" means any olvent or the assetsIn this company being woundsection the case may be. fund established by an employer under any Scheme for providing benefits in the n ature of life insurance to employees, whether linked to their deposits in provid ent fund or not, without payment by the employees of any separate contribution o 71[(2) Without prejudice r premium in that behalf.] to the provisions of sub-section (1), if any amount is du e from an employer, 72[whether in respect of the employee's contribution (deduct ed from the wages of the employee) or the employer's contribution], the amount s o due shall be deemed to be the first charge on the assets of the establishment, and shall, notwithstanding anything contained in any other law for the time bei (1) The be 13. Inspectors paid in government all by notification ng in force,appropriate priority tomay, other debts.] in the Official Gazette, appoi nt such persons as it thinks fit to be Inspectors for the purposes of this Act 7 5[, the Scheme 76[, the 33[Pension ] Scheme or the Insurance Scheme]], and may d (2) Any Inspector appointed under sub-section (1) may, for the purpose of inquirin efine their jurisdiction. g into the correctness of any information furnished in connection with this Act or with any 77[Scheme or the Insurance Scheme] or for the purpose of ascertainin g whether any of the provisions of this Act or of any 57[Scheme or the Insurance Scheme] have been complied with 25[ in respect of 12[an establishment] to which any 77[Scheme or the Insurance Scheme] applies or for the purpose of ascertaini ng whether the provisions of this Act or any 77[Scheme or the Insurance Scheme] are applicable to any 59[establishment] to which the 77[Scheme or the Insurance Scheme] has not been applied or for the purpose of determining whether the condi tions subject to which exemption was granted under section 17 are being complied (a) require anin relation to an exempted 12[establishment]. with by the employer employer 26[or any contractor from whom any amount is recoverable unde (b) at any reasonableinformation as he may consider necessary; as he may think fit, section 8A] to furnish such time 78[and with such assistance, if any, nter and search] any 59[establishment], or any premises connected therewith and require any one found in charge thereof to produce before him for examination an y accounts, books, registers and other documents relating to the employment of p (c) examine, of respect to 75[establishment]; ersons or the paymentwithwages in theany matter relevant to any of the purposes aforesaid, th employer 26[or any contractor from whom any amount is recoverable under section s 8A], his agent or servant or any other person found in charge of the 59[establ ishment], or any premises connected there with or whom the Inspector has reasona ble cause to believe to be or to have been, an employee in the 59[establishment] ;24[(d) makes copies of, or take extracts from, any book, register or other docu 1 ment maintained in relation to the establishment and, where he has reason to bel ieve that any offence under this Act has been committed by an employer, seize wi th such assistance as he may think fit, such book, register or other document or 126[(2A) Any Inspectorother powers as the 125[Scheme or thatfor the purpose of inq (e) exercise he mayappointed relevant in respect ofmay, Insurance Scheme] may provide portions thereof as such consider under sub-section (1) the offence;] uiring into the correctness of any information furnished in connection with the 127[Pension] Scheme or for the purpose of ascertaining whether any of the provis ions of this Act or of the 127[Pension] Scheme have been complied with in respec t of an establishments to which the 127[Pension] Scheme applies, exercise all or any of the powers conferred on him under clause (a), (b), (c) or (d) of sub-s. 129[(2B) The provisions of the 128[Code of Criminal Procedure, 1898], shall, so fa (2).] r as may be, apply to any search or seizure under sub-section (2) 129[or under s ub-section (2A), as the case may be,] as they apply to any search and seizure ma de under the authority of a warrant issued under 130[section 98] of the said Cod 131[***] 14. (1) Whoever, for the purpose of avoiding any payment to be made by himself under t e. Penalties his Act 132[the Scheme, 133[,the 127[Pension] Scheme] or the Insurance Scheme] o r of enabling any other person to avoid such payment knowingly makes or causes t o be made any false statement or false representation shall be punishable with i mprisonment for a term which may extend to 134[one year, or with fine of five th 135[(1A) An employer who ousand rupees, or with both].contravenes, or makes default in complying with, the prov isions of section 6 or clause (a) of sub-section (3) of section 17 in so far as

it relates to the payment of inspection charges, or para 38 of the Scheme insofa r as it relates to the payment of administrative charges, shall be punishable wi (a) which shall not be less extend to 136[three fine but th imprisonment for a term which maythan 137[one year andyears]of ten thousand rupees] in cas of default in payment of employees' contribution which has been deducted by the 138[(b)the employees' wages; employer from which shall not be less than six months and fine of five thousand rupees, in 139[***] that ny other case:] the court may, for any adequate and special reasons to be recorded i PROVIDED 141[(1B) An impose sentence of imprisonment default in complying with, n the judgement,employerawho contravenes, or makes for a lesser term 140[***] the prov isions of section 6C, or clause (a) of sub-section (3A) of section 17 in so far as it relates to payment of inspection charges, shall be punishable with impriso nment for a term which may extend to 136[one year] but which shall not be less t han 142[Six months] and shall also be liable to fine which may extend to 142[fiv PROVIDED that the e thousand rupees]: court may, for any adequate and special reasons to be recorded i (2) 144[Subject to a provisions of the Act, for a lesser term 143[***].] n the judgement, imposethesentence of imprisonmentthe Scheme,] 133[the l48[Pension] Sc heme or the Insurance Scheme] may provide that any person who contravenes, or ma kes default in complying with any of the provisions thereof shall be punishable with imprisonment for a term which may extend to 134[one year, or with fine whic 145[(2A) Whoever contravenes or makes default in h may extend to four thousand rupees, or with both].]complying with any provision of t his Act or of any condition subject to which exemption was granted under section 17 shall, if no other penalty is elsewhere provided by or under this Act for su ch contravention or non-compliance, be punishable with imprisonment which may ex tend to 146[six months, but which shall not be less than one month, and shall al (a) 16. Act not Thisfine to certainapply 145A[***]toany establishmentestablishments so be liableto apply which may extend to five thousandCo-operative Societies Act, 1912, or un 160[(1) Act shall not registered under the rupees].] er any other law for the time being in force in any State relating to co-operati ve societies, employing less than fifty persons and working without the aid of p ower, or161[(b) to any other establishment belonging to or under the control of the Central G vernment or a State Government and whose employees are entitled to the benefit o f Contributory provident fund or old age pension in accordance with any scheme o r rule framed by the Central Government or the State Government governing such b or enefits,(c) to any other establishment set up under any Central, Provincial or State Act and hose employees are entitled to the benefits of contributory provident fund or ol d age pension in accordance with any scheme or rule framed under that Act govern 145[(2) If the Central Government is of opinion that having regard to the financia ing such benefits. 162[* * ] l position of any class of 163[establishments] or other circumstances of the cas e, it is necessary or expedient so to do, it may, by notification in the Officia l Gazette, and subject to such conditions as may be specified in the notificatio n, exempt 164[, whether prospectively or retrospectively,] that class of 163[est ablishments] from the operation of this Act or such period as may be specified i (1) Transfer of 152[17A.Where an employee employed in an establishment to which this Act applies leave n the notification.] accounts s his employment and obtains re-employment in another establishment to which thi s Act does not apply, the amount of accumulations to the credit of such employee in the Fund, or as the case may be, in the provident fund of the establishment left by him shall be transferred, within such time as may be specified by the Ce ntral Government in this behalf, to the credit of his account in the provident f und of the establishment in which he is re-employed, if the employee so desires (2) Where an employee employed in an establishment such transfer. and the rules in relation to that provident fund permitto which this Act does not appl y leaves his employment and obtains re-employment in another establishment to wh ich this Act applies, the amount of accumulations to the credit of such employee in the provident fund of the establishment left by him may, if the employee so desires and the rules in relation to such provident fund permit, be transferred to the credit of his account in the Fund or as the case may be, in the provident Any of the 2(i) and the (Seeindustry engaged in4) manufacture 185[***] of any fundsectionsestablishment in which he is re-employed.] of the following, namely SCHEDULE I Cigarettes. mechanical or general engineering wool or jute or silk, whether natura : Cement. steel.wholly or in part of cotton or products. Electrical, Textiles Paper. Iron and (made 2. Edible oilsrubber products.generation, relating to and distribution thereof. l or186[1. Matches.and fats.printing industry transmissionnewspaper establishments as 7. Printing 6. Tea. 5. Electricity, 4. Rubber [other than 3. Sugar. and including the artificial). defined in the Working Journalists (Conditions of Service) and Miscellaneous Pro visions Act, 1955 (45 of 1955), including the process of composing types for pri nting, printing by letter-press, lithography, photogravure or other similar proc 191[Biscuit-makingand 190[(i)Intermediates, 4. LacInks, 188[(x)Heavy vegetable (ix)Tiles.] (viii)Resin, cement power alcohol (vii)Medical and shellac. (vi)Refractories.pharmaceutical including: (v)Indigo. acids,fine dyes, including (iv)Electricalpipes. sheets industry.] and fats.] (iii)Turpentine,refining andanimal industry; units (ii)Sanitaryoilporcelain industry.] oilsand toners, making (i)Stone-warewares.andchemicals,preparations,gases 8. Glass. preparations, andcolour ofcomposite low tension. ess or bookbinding.]acetyleneinsulatorslacshigh andand industry.]biscuits and products s 189[Mineral 3. 2. Asbestos 187[1. including 13. Fatty 12. Soaps, 11. Toilet 10. Fertilisers, industry carbon-dioxide 9. Non-edible, Industrial Oxygen, 2. Flour millingnatural gas refining.] industry.] 192[Micafruitorrepairingand gas and milkindustry, that is to say, any industry wh uch as bread,industry.] natural milkexploration, prospecting, drilling or production. 200[The 199[1. Stone-ware 198[Leather and vegetable servicing 197[1. Petroleum jars. 196[Starchconfectionery 3. Petroleummilling. 2. Dal milling.]leather 195[1. Rice industry.] andpreservation powder.] 194[Automobileandor 193[Plywoodindustry.] products industry.] Crockery.] ich is engaged in the preparation or production of any of the following articles (i) canned jellies and marmalades,sauces, pulps, , namely:cannedand bottled fruits,andand ready-to-serve beverages or any other beverag (vi) (v) frozen fruits ketchups juices (iv) squashes, bottled (iii)jams, andcrushes, cordials (ii)tomato products,and vegetables, and

(vii)any fruit juice orand crystallised fruits and peels, or canning of fruits es containingother unspecified itempulp, (ix) chutneys, (viii)preserved, canned fruit relating to the preservation 204[TheBrushes.andproducts.] 203[1. Buttons.plastic products. 202[Confectionery industry, 201[Cashewnut industry.] and vegetables.]water industry.]that is to say, any industry engaged in the manu 4. aerated 3. Stationery 2. Plastic 205[The distilling and rectifying of spirits (not falling facture of aerated water, soft drinks or carbonated water.] under industrial and power 207[Bone crushing industry.] tobacco leaf industry, that is to say, 206[The paintmilk varnish industry.] the form of ingots industry.] any industry e alcohol) andandindustry.]spirits industry.] 212[Stemming and of 211[Bread industry.] 210[Non-ferrous re-drying alloys in 209[Milk blendingproducts industry.] 208[Pickers or metals andof ngaged in the stemming, re-drying, handling, sorting, grading or packing of toba 213[Agarbattee (including dhoop sector) industry.]engaged cco leaf.] (excluding the spinningand dhoopbattee) industry.]in the manufacture of c 215[Tobacco industry, that is to say, any industry 214[Coir 216[Paper productsindustry, that is to tobacco.] igars, zarda, snuff, quivam and guraku fromsay, any industry engaged in the manufactur 217[Licensed salt industry.] e of salt for which a license is necessary and which has land not less than 4.05 222[Tentormakingindustry.]yarncapthat isindustry.] 218[Linoleumofindustry.] indoleumworksindustry.]any industry engaged in the manuf hectares.] bailing orpercussionindustry.] to say, 228[Beer 227[Katha 226[Cotton ginning, 225[Windingice-creambaling 224[Ice manufacturing industry, industry.] 223[Ferro-manganese industry.] 221[Fire-works thread and and 220[Jute makingand pressing pressing 219[Explosiveindustryindustry.]reeling industry.] acture of the product of alcoholic fermentation of a mash in potable water of ma lted barley and hops, or of hops concentrated with or without the addition of ot 229[Beedi industry, that is to say, any industry engaged in manufacture of beedies her malted or unmalted cereals or other carbohydrate preparations.] 231[Diamond cutting industry.] .] 230[Ferro-chrome industry.] myrobalan extract solid and vegetable tannin blended 232[Myrobalan extract powder, 233[Brick industry.]this on asbestos as principal rawto the ordinary meaning of th extract industries.]Inbased Schedule,ore pellets.] 145[Explanation: 235[Industries manufacturing iron without prejudice material.] 234[All industries (a) the expression "Electrical, mechanical or general engineering products" includes e expressions used therein,: (1) machinery and equipment for the generation, transmission, distribution or meas : (2) telephones, telegraphand motors including cables apparatus, urement of electrical energyincludingdomestic appliances,and wires, (7) (6) machineryfans batteries, (including textile (5) radio receiversin industryreproducing instruments, (4) storage lampsand electrical glass bulbs), machinery) other than electrical (3) electricand dry(not sound wireless communication used and and (8) boilersmachine tools, machinery and and prime movers, including internal combustion engines, marine engine (25) cutlery (24) safes, (23) ferrous (22) wires, vaults 'iron (21) productsand and rolling made (20) mathematicalsurgical (19) sewing pipes,andrivets, and (18) hurricane accessories (17) bicycles, containers, steel' includes (16) power-drivennon-ferrous castings, (15) bolts, andlanterns, (14) automobiles metalscientific instruments, (12) ships andof andthat instruments, (11) grindingtools,tubes andto say, metal and and items to blooms, (10)the expressionpumps, machines, re-rolling,woodsteel or steel alloys, (9) machinesnutsknitting isoffittings, specified iron, ingots, 24; s and locomotives,wheels,tractors,productsof ironpig inworking1machinery, billets and (b) parts (13) drums furniture (d) the expression 'paper' includes pulp, and tool of alloy steel; (c) or re-rolled products intoincludes thepaperboardandcarding, spinning, weaving, rolled 'textiles' basic forms products and straw-board; 1. sectiondyeing FOR and employees who shall IN SCHEME 236[SeeThe employees yarnWHICHfabrics, printing, knitting and embroidering.] finishing andMATTERSor class ofPROVISION MAY BE MADEjoinAthe Fund, and the conditions SCHEDULE II : 5(1B)] under which employees may be exempted from joining the Fund or from making any 2. The time contribution. and manner in which contribution shall be made to the Fund by employer s and by, or on behalf of, employees, 152[whether employed by him directly or by or through contractor)], the contributions which an employee may, if he so desi res, make under 237[***] section 6, and the manner in which such contributions m 152[2A. The ay be recovered.manner in which employees' contribution may be recovered by contractor 3. The payment by the employer of such sums of money as s from employees employed by or through such contractors.] may be necessary to meet t he cost of administering the Fund and the rate at which and the manner in which 238[4. manner beof regionalany other offices of any Board of Trustees.]belonging the paymentThe constitutionaccountscommittee for assisting any Board of Trustees. 6. The opening which 5.The shall in made. of and shall be kept, the investment of moneys to the Fund in accordance with any directions issued or conditions specified by the Central Government, the preparation of the budget, the audit of accounts and the submission of reports to the Central Government or to any specified State G 7. The overnment. conditions under which withdrawals from the Fund may be permitted and any d eduction or forfeiture may be made and the maximum amount of such deduction or f 8. The orfeiture. fixation by the Central Government in consultation with the board of truste 9. The form in rate an employee shall furnish particulars about himself and his f es concerned of thewhich of interest payable to members. 10. The nomination of amily whenever required. a person to receive the amount standing to the credit of a m 11. The registers ember after his death and the cancellation or variation of such nomination. and the r records to be maintained with respect to employees 12. The furnished by of any identity card, token or eturns to beform or designemployers 152[or contractors]. disc for the purpose of iden 13. The fees to be levied for any of the purposes specified thereof. tifying any employee, and for the issue, custody and replacementin thissub-section (2) 14. contraventions or defaults which shall be punishable under Schedule. section 14. of 15. The furtherin which if any, which mayany exercisedprovident fund shall be tran 16. manner powers, accumulations in be existing by Inspectors. sferred to the Fund under section 15, and the mode of valuation of any assets wh 17. The conditions under employers in may be permitted to pay premia on life ins ich may be transferred by thewhich a memberthis behalf. 18. Any the matter urance, fromotherFund. 152[which is to be provided for in the Scheme or ] which may 2. [See1. The employees or class purpose of to whom BE the IN THE PENSION SCHEME 39[SCHEDULE IIIwithin which the be necessary or proper for theof employeesimplementingMADE Scheme.] shall apply. Sch 2 Section 6A(5)]MATTERS FOR WHICH PROVISION MAY the Pension Scheme 127[Pension] time : who are not members of the eme under section 6A as it stood before the commencement of the Employees Provid ent Funds and Miscellaneous Provisions (Amendment) Act, 1996 (hereinafter, in th 3. The portion of employer's contribution to the Provident Pension Scheme. is Schedule, referred to as the amending Act) shall opt for theFund which shall be cre 4. The minimum qualifying service for being eligible for pension and the manner in dited to the Pension Fund and the manner in which it is credited. which the employees may be granted the benefits of their past service under sec 6A as regulation of the manner in which and the period of service for which no co tion5. The it stood before the commencement of the amending Act. 6. The manner in which employees' interest will be protected against default in pa ntribution is received. 7. The manner in by the employer. yment of contributionwhich the accounts of the Pension Fund shall be kept and investme nt of moneys belonging to Pension Fund to be made subject to such pattern of inv 8. as form in which an by the Central furnish particulars about himself and the estmentThe may be determinedemployees shall Government. 9. of forms, registers and records membersThe his family whenever required.to be maintained in respect of employees, requ for the administration and pensionary benefits ired10. The scale of pensionof the Pension Scheme. and the conditions relating to gr 11. The manner in which the exempted ant of such benefits to the employees. establishments have to pay contribution towar 12. The mode of disbursement of pension and arrangements to be entered into with s ds the Pension Scheme and the submission of returns relating thereto.

13. The manner in which the expenses for administering the uch disbursing agencies as may be specified for the purpose. Pension Scheme will be 14. the income of the Pension Fund. met fromAny other matter which is to be provided for in the Pension Scheme or which ma y be necessary or proper for the purpose of implementation of the Pension Scheme .] 71[SCHEDULE IV: MATTERS TO BE PROVIDED FOR IN THE EMPLOYEES' DEPOSIT LINKED INS 1 section [See1. The employees or class of employees who shall be covered by the Insurance Schem URANCE SCHEME6C] e. 2. The manner in which the accounts of the Insurance Fund shall be kept and the in vestment of moneys belonging to the Insurance Fund subject to such pattern of in 3. The may in which an employee shall the Central Government. vestment asform be determined, by order, byfurnish particulars about himself and the m 4. The nomination of a person to receive the insurance amount due to the employee embers of his family whenever required. 5. The registers and records to or variation in respect of employees, the form or after his death and the cancellationbe maintained of such nomination. design of any identity card, token or disc for the purpose of identifying any e mployee or his nominee or member of his family entitled to receive the insurance 6. 240[The scales of insurance benefits and conditions relating to the grant of su amount. 131[***]to the employees.] ch benefitsmanner in which the amount due to the nominee or the member of the family o 8. The f the employee under the Scheme is to be paid including a provision that the amo unt shall not be paid otherwise than in the form of a deposit in a saving bank a ccount, in the name of such nominee or member of family, in any corresponding ne w bank specified in the First Schedule to the Banking Companies (Acquisition and 9. Anyof Undertakings) Act, 1970be provided for in the Employees' Deposit Linked I Transfer other matter which is to (5 of 1970). nsurance Scheme or which may be necessary or proper for the purpose of implementi ng that Scheme.]