The Industrial Disputes Act, 1947
CHAPTER I
Preliminary
Introduction
Industrial Disputes Act, 1947
Objects of ID Act, 1947
Distinguishing Features of the Act
Definitions—Section 2
Whether hospital is an industry
Whether Municipal Corporation is an industry
Whether educational institution is industry
Whether club is an industry
New definition of industry
When an individual dispute becomes industrial dispute
Difference between lay off and lock out
For any reason whatsoever
Voluntary retirement
Non-renewal of contract of employment
Continued ill health
Settlement in the course of conciliation proceedings
Persons excluded from the definition
Dismissal, etc., of an individual workman to be deemed to be an industrial dispute—Section 2A
CHAPTER II
Authorities Under This Act
Works Committee—Section 3
Composition of Works Committee
Object of Works Committee
Conciliation officers—Section 4
Boards of Conciliation—Section 5
Powers of the Board
Courts of Inquiry—Section 6
Labour Courts—Section 7
Jurisdiction of Labour Court
Tribunals—Section 7 A
Jurisdiction of the Tribunal
National Tribunals—Section 7B
Composition of National Tribunal
Jurisdiction of National Tribunal
Disqualifications for the presiding officers of Labour Courts,
Tribunals and National Tribunals—Section 7C
Filling of vacancies—Section 8
Finality of orders constituting Boards, etc.—Section 9
CHAPTER IIA
Notice of Change
Notice of change—Section 9A
Power of Government to exempt—Section 9B
CHAPTER IIB
Grievance Redressal Machinery
Setting up of Grievance Redressal Mahcinery—Section 9C
CHAPTER III
Reference of Disputes to Boards, Courts or Tribunals
Reference of disputes to Boards, Courts or Tribunals—Section 10
Voluntary reference of disputes to arbitration—Section 10A
CHAPTER IV
Procedure, Powers and Duties of Authorities
Procedure and power of conciliation officers, Boards, Courts and Tribunals—Section 11
Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen—Section 11A
Duties of conciliation officers—Section 12
Duties of Board—Section 13
Duties of Courts—Section 14
Duties of Labour Courts, Tribunals and National Tribunals—Section 15
Labour Court, Tribunal and National Tribunal: Their Jurisdiction and Powers
Form of report or award—Section 16
Publication of reports and awards—Section 17
Commencement of the award—Section 17A
Payment of full wages to workman pending proceedings in higher courts—Section 17B
Persons on whom settlement and awards are binding—Section 18
Period of operation of settlements and awards—Section 19
Commencement and conclusion of proceedings—Section 20
Certain matters to be kept confidential—Section 21
CHAPTER V
Strikes and Lock-Outs
Prohibition of strikes and lock outs—Section 22
General prohibition of strikes and lock outs—Section 23
Difference between Section 22 and Section 23
Illegal strikes and lockouts—Section 24
Consequences of illegal strike & illegal lockout
Prohibition of financial aid to illegal strikes or lockouts—Section 25
CHAPTER VA
Lay Off and Retrenchment
Application of Sections 25 C to 25 E—Section 25A
Whether the work is of seasonal character or is performed intermittently
Definition of continuous service—Section 25B
Right of workmen laid off for compensation—Section 25C
Badli and casual workman
Duty of an employer to maintain muster rolls of workmen—
Section 25D
Workman not entitled to compensation in certain cases—
Section 25E
Employer-employee relationship continues
Part of the establishment
Conditions precedent to retrenchment of workmen—Section 25F
Notice of retrenchment
Compensation for retrenchment
Notice to appropriate Government
Compensation to workmen in case of transfer of undertakings-
Section 25FF
Sixty days' notice to be given of intention to close down any undertaking—Section 25FFA
Compensation to workmen in case of closing down of undertakings—Section 25 FFF
Unavoidable circumstances
Procedure for retrenchment—Section 25G
Re-employment of retrenched workman—Section 25H
Effect of laws inconsistent with this chapter— Section 25J
CHAPTER V-B
Special Provisions Relating to Lay-Off,
Retrenchment and Closure
Application of Chapter VB—Section 25K
Definitions—Section 25 L
Prohibition of lay off—Section 25M
Conditions precedent to retrenchment of workmen - Section 25N
Appropriate Government is to grant or refuse permission
Review of the order of granting or refusing permission
Procedure for closing down an undertaking— Section 25-0
Quantum of compensation
Review of the order granting or refusing to grant permission
Constitutionality of Section 25-0
Special provision as to restarting of undertaking closed down before commencement of the Industrial Disputes (Amendment)
Act, 1976—Section 25 P
Penalty for lay off and retrenchment without previous permission—Section 25Q
Penalty for closure—Section 25R
Certain provisions of Chapter VA to apply to industrial establishment to which this Chapter applies—Section 25S
CHAPTER V-C
Unfair Labour Practices
Prohibition of unfair labour practice—Section 25T
Penalty for committing unfair labour practices—Section 25U
CHAPTER VI
Penalties
Penalty for illegal strikes and lock-outs—Section 26
Penalty for instigation, etc.—Section 27
Penalty for giving financial aid to illegal strikes and lock outs—Section 28
Penalty for breach of settlement or award—Section 29
Continuing offence
Penalty for disclosing confidential information—Section 30
Penalty for closure without notice—Section 30A
Penalty for other offences—Section 31
CHAPTER VII
Miscellaneous
Offences by companies, etc.—Section 32
Conditions of service, etc., to remain unchanged under certain
circumstances during pendency of proceedings—Section 33
Pendency of the proceedings
Discharge or punish whether by dismissal or otherwise
Special provisions for adjudication as to whether conditions of service, etc., changed during pendency of proceedings—Section 33 A
During the pendency of proceeding
Adjudication under Section 33A
Power to transfer certain proceedings—Section 33B
Power to withdraw and transfer
Recovery of money due from an employer—Section 33C
Labour Court under Section 33C (2) of the Act
Limitation period
Cognizance of offences—Section 34
Protection of persons—Section 35
Representation of parties—Section 36
Power to remove difficulties—Section 36A
Power to exempt—Section 36B
Protection of action taken under the Act—Section 37
Power to make rules—Section 38
Delegation of powers—Section 39
Power to amend Schedules—Section 40
THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE
THE FOURTH SCHEDULE
THE FIFTH SCHEDULE
I.—On......................................................................................... the part of employers and trade unions of employers
II.—On the part of workmen and trade unions of workmen
Industrial Employment (Standing Orders)
Act, 1946
Introduction
Object of the Act
Important features of the Act
Short title, extent and application—Section 1
Interpretation—Section 2
Submission of draft standing orders—Section 3
Conditions for certification of standing orders—Section 4
Certification of standing orders—Section 5
Appeals—Section 6
Date of operation of standing orders—Section 7
Register of standing orders—Section 8
Posting of standing orders—Section 9
Duration and modification of standing orders—Section 10
Payment of subsistence allowance—Section 10A
Certifying Officers and appellate authorities to have powers of
Civil Court—Section 11
Oral evidence in contradiction of standing orders not admissible—Section 12
Temporary application of model standing orders—Section 12A
Penalties and procedure—Section 13
Interpretation of standing orders—Section 13A
Act not to apply to certain industrial establishments— Section 13B
Power to exempt—Section 14
Delegation of powers—Section 14A
Power to make rules—Section 15
THE SCHEDULE
The Trade Unions Act, 1926
CHAPTER I
Preliminary
Statement of Objects and Reasons
Short title, extent and commencement—Section 1
Definitions—Section 2
Employment and non-employment
Industry
Terms of employment and conditions of labour
Federation of two or more Trade Unions
CHAPTER II
Registration of Trade Unions
Appointment of Registrars—Section 3
Mode of registration—Section 4
Application for registration—Section 5
Provisions to be contained in the Rules of a Trade Union—Section 6
Power to call for further particulars and to require alteration of name—Section 7
Registration—Section 8
Certificate of registration—Section 9
Minimum requirement about membership of a Trade Union—Section 9A
Cancellation of registration—Section 10
Appeal—Section 11
Registered office—Section 12
Incorporation of registered Trade Unions—Section 13
Certain Acts not to apply to registered Trade Unions— Section 14
CHAPTER III
Rights and Liabilities of Registered Trade Unions
Objects on which general funds may be spent— Section 15
Constitution of a separate fund for political purposes— Section 16
Criminal conspiracy in trade disputes—Section 17
Immunity from civil suit in certain cases-Section 18
Enforceability of agreements-Section 19
Right to inspect books of Trade Union—Section 20
Rights of minors to membership of Trade Unions—Section 21
Disqualifications of office bearers of Trade Unions— Section 21A
Proportion of office-bearers to be connected with the industry—
Section 22
Change of name—Section 23
Amalgamation of Trade Unions—Section 24
Notice of change of name or amalgamation—Section 25
Effect of change of name and of amalgamation— Section 26
Dissolution—Section 27
Returns—Section 28
CHAPTER IV
Regulations
Power to make regulations—Section 29
Publication of regulations—Section 30
CHAPTER V
Penalties and Procedure
Failure to submit returns—Section 31
Supplying false information regarding Trade Unions— Section 32
Cognizance of offences—Section 33
The Employee's Compensation Act, 1923
CHAPTER I
Preliminary
Salient features of the Employee's Compensation Act
Definitions—Section 2
Body of persons whether incorporated or not
Legal representative of the deceased employer
Lent or letting on hire
CHAPTER II
Employee's Compensation
Employer's liability for compensation—Section 3
Arising out of and in the course of employment
Occupational diseases contained in Part B of Schedule III
Occupational diseases contained in Part C of Schedule III
Amount of compensation—Section 4
Compensation in case of death
Compensation in case of permanent total disablement
Compensation in case of permanent partial disablement
Compensation in case of temporary disablement
Compensation to be paid when due and penalty for default—Section 4A
Method of calculating wages—Section 5
Review—Section 6
Commutation of half monthly payments—Section 7
Distribution of compensation—Section 8
Compensation not to be assigned, attached or charged—Section 9
Notice and claim—Section 10
Power to require from employers statements regarding fatal accidents—Section 10A
Reports of fatal accidents and serious bodily injuries—Section 10B
Medical examination—Section 11
Contracting—Section 12
Remedies of employer against stranger—Section 13
Insolvency of employer—Section 14
Compensation to be first charge on assets transferred by employer—Section 14A
Special provisions relating to master and seamen- Section 15
Special provisions relating to captains and other members of crew of aircrafts—Section 15A
Special provisions relating to employees abroad of companies and motor vehicles—Section 15 B
Returns as to compensation—Section 16
Contracting out—Section 17
Duty of employer to inform employee of his rights—Section 17A
Penalties—Section 18A
CHAPTER III
Commissioners
Reference to Commissioners—Section 19
Appointment of Commissioner—Section 20
Venue of proceedings and transfer—Section 21
Forms of application—Section 22
Power of Commissioner to require further deposit in cases of fatal accident—Section 22 A
Powers and procedure of Commissioner—Section 23
Appearance of parties—Section 24
Method of recording evidence—Section 25
Time limit for disposal of cases relating to compensation—Section 25A..
Costs—Section 26
Power to submit cases—Section 27
Registration of agreements—Section 28
Effect of failure to register agreement—Section 29
Appeals—Section 30
Substantial question of law
Recovery—Section 31
CHAPTER IV
Rules
Power of the State Government to make rules—Section 32
Publication of rules—Section 34
Rules to give effect to arrangements with other countries for the transfer of money paid as
compensation—Section 35
Rules made by Central Government to be laid before Parliament—Section 36
SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
The Employees’ State Insurance Act, 1948
CHAPTER I
Preliminary
Object of ESI Act, 1948
Short title, extent, commencement and application—Section 1
Definitions—Section 2
Registration of factories and establishments— Section 2A
CHAPTER II
Corporation, Standing Committee and
Medical Benefit Council
Establishment of employees state insurance corporation—Section 3
Constitution of corporation—Section 4
Eligibility for re-nomination or re-election—Section 6
Authentication of orders, decisions etc—Section 7
Constitution of standing committee—Section 8
Terms of office of members of Standing Committee—Section 9
Medical Benefit Council—Section 10
Resignation of membership—Section 11
Cessation of membership—Section 12
Disqualification—Section 13
Filling of vacancies—Section 14
Fees and allowances—Section 15
Principal officers—Section 16
Staff—Section 17
Powers of the standing committee—Section 18
Corporation's power to promote measures for health, etc., of insured persons—Section 19
Meetings of corporation, standing committee and medical benefit council—Section 20
Supersession of the Corporation and Standing Committee—Section 21
Duties of Medical Benefit Council—Section 22
Duties of Director General and Financial Commissioner—Section 23
Acts of Corporation, etc., not invalid by reason of defect in constitution, etc.—Section 24
Regional boards, local committees, regional and local medical benefit councils—Section 25
CHAPTER III
Finance and Audit
Employee's State Insurance Fund—Section 26
Purpose for which the fund may be expended—Section 28
Administrative expenses—Section 28A
Holding of property, etc.—Section 29
Vesting of the property in the Corporation—Section 30
Budget estimates—Section 32
Accounts—Section 33
Audit—Section 34
Annual report—Section 35
Budget audited accounts and the annual report to be placed before Parliament—Section 36
Valuation of assets and liabilities—Section 37
CHAPTER IV
Contributions
All employees to be insured—Section 38
Contributions—Section 39
Principal employer to pay contribution in the first instance—Section 40
Recovery of contribution from immediate employer- Section 41
General Provisions as to payment of Contributions—Section 42
Methods of payment of contribution—Section 43
Employers to furnish returns and maintain registers in certain cases—Section 44
Social security officers, their functions and duties—Section 45
Determination of contributions in certain cases—Section 45A
Appellate Authority—Section 45AA
Recovery of contributions—Section 45B
Issue of certificate to recovery officer—Section 45C
Recovery officer to whom certificate is to be forwarded—Section 45D
Validity of certificate and amendment thereof— Section 45E
Stay of proceedings under certificate and amendment or withdrawal thereof—Section 45F
Other modes of recovery—Section 45G
Application of certain provisions of the income tax Act- Section 45H
Definitions—Section 45-1
CHAPTER V
Benefits
Benefits—Section 46
Sickness benefit—Section 49
Maternity benefit—Section 50
Disablement benefit—Section 51
Presumption as to accident arising in course of employment—Section 51A
Accidents happening while acting in breach of regulations, etc.—Section 5IB
Accident happening while traveling in employer's transport—Section 51C
Accidents happening while meeting emergency—Section 51D
Accidents happening while commuting to the place of work and vice verse—Section 51E
Dependant's benefit—Section 52
Occupational disease—Section 52A
Bar against receiving or recovery of compensation or damages under any other law—Section 53
Determination of question of disablement—Section 54
Reference to medical boards and appeals to medical appeal tribunals and Employees' Insurance
Courts—Section 54A
Review of decisions by medical board or medical appeal tribunal—Section 55
Review of dependents' benefit—Section 55A
Medical benefit—Section 56
Scale of medical benefit—Section 57
Provision of medical treatment by State Government— Section 58
Establishment and maintenance of hospital, etc. by Corporation—Section 59
Provision of medical benefit by the Corporation in lieu of State Government—Section 59A
Medical and para—medical education—Section 59B
Benefit not assignable or attachable—Section 60
Bar of benefits under other enactments—Section 61
Persons not to commute cash benefits—Section 62
Persons not entitled to receive benefit in certain cases—Section 63
Recipients of sickness or disablement benefit to observe conditions—Section 64
Benefit not to be combined—Section 65
Corporation's rights where a principal employer fails or neglects to pay any contribution—
Section 68
Liability of owner or occupier of factories, etc., for excessive sickness benefit—Section 69
Repayment of benefit improperly received—Section 70
Benefit payable up to and including day of death—Section 71
Employer not to reduce wages, etc.—Section 72
Employer not to dismiss or punish employee during period of sickness, etc.—Section 73
CHAPTER V-A
Scheme for Other Beneficiaries
Definitions—Section 73A
Power to frame schemes—Section 73B
Collection of user charges—Section 73C
Scheme for other beneficiaries—Section 73D
Power to amend scheme—Section 73E
Laying of Scheme framed under this chapter—Section 73F
CHAPTER VI
Adjudication of Disputes and Claims
Constitution of Employees' Insurance Court— Section 74
Matters to be decided by Employees' Insurance Court— Section 75
Institution of proceedings, etc.—Section 76
Commencement of proceedings—Section 77
Power of Employees' Insurance Court—Section 78
Appearance by legal practitioners, etc.—Section 79
Reference to High Court—Section 81
Appeal—Section 82
Stay of payment pending appeal—Section 83
CHAPTER VII
Penalties
Punishment for false statement—Section 84
Punishment for failure to pay contribution—Section 85
Enhanced punishment in certain cases after previous conviction—Section 85A
Power to recover damages—Section 85B
Power of Court to make orders—Section 85C
Prosecutions—Section 86
Offence by companies—Section 86A
CHAPTER VIII
Miscellaneous
Exemption of a factory or establishment or class of factories or establishments—Section 87
Exemption of persons or class of persons—Section 88
Corporation to make representation—Section 89
Exemption of factories or establishments belonging to Government or any local authority—Section 90
Exemption from one or more provisions of the Act—Section 91
Exemptions to be either prospective or retrospective—Section 91-A
Central Government to be appropriate Government—Section 91AA
Misuse of benefits—Section 91B
Writing off of losses—Section 91C
Power of Central Government to give directions—Section 92
Corporation officers and servants to be public servants—Section 93 ....
Liability in case of transfer of establishment— section 93A
Contributions, etc., due to corporation to have priority over other debts—Section 94
Delegation of powers—Section 94A
Power of Central Government to make rules— Section 95
Power of State Government to make rules—Section 96
Power of Corporation to make regulations—Section 97
Medical care for the families of insured persons—Section 99
Power to remove difficulties—Section 99A
Repeals and Savings—Section 100
THE SECOND SCHEDULE
THE THIRD SCHEDULE
The Employees' Provident Funds and
Miscellaneous Provisions Act, 1952
Preliminary
Object and scope of the Act
Definitions—Section 2
Establishment to include all departments and branches—Section 2A
Power to apply Act to an establishment which has a common provident fund with another
establishment—Section3
Power to add to Schedule I—Section 4
Employees' Provident Fund Schemes—Section 5
Central Board—Section 5A
Executive Committee—Section 5AA
State Board—Section 5B
Board of Trustees to be body corporate—Section 5C
Appointment of officers—Section 5D
Acts and proceedings of the Central Board or its Executive Committee or the State Board not to be invalidated on certain grounds—Section 5DD
Delegation—Section 5E
Contributions and matters which may be provided for in Schemes—Section 6
Employees' Pension Scheme—Section 6A
Employees' Deposit—linked Insurance Scheme—Section 6C
Laying of Schemes before Parliament—Section 6D
Modification of scheme—Section 7
Determination of moneys due from employers—Section 7A
Review of orders passed under Section 7A—Section 7B
Determination of escaped amount—Section 7C
Employees' provident funds appellate tribunal—Section 7D
Terms of office—Section 7E
Resignation—Section 7F
Salary and allowances and other terms and conditions of service of Presiding Officer—
Section 7G
Staff of Tribunal—Section 7H
Appeals to Tribunal—Section 7-1
Procedure of Tribunals—Section 7J
Right of appellant to take assistance of legal practitioner and of government, etc.,
to appoint presenting officers—Section 7K
Orders of Tribunal—Section 7L
Filling up of vacancies—Section 7M
Finality of orders constituting a Tribunal—Section 7N
Deposit of amount due, on filing appeal—Section 7-0
Transfer of certain applications to Tribunal—Section 7P
Interest payable by the employer—Section 7Q
Mode of recovery of moneys due from employers—Section 8
Recovery of moneys by employers and contractors—Section 8A
Issues of certificate to the Recovery Officer—Section 8B
Recovery Officer to whom certificate is to be forwarded—Section 8C
Validity of certificate and amendment thereof—Section 8D
State of proceedings under certificate and amendment or withdrawal thereof—Section 8E
Other modes of recovery—Section 8F
Application of certain provisions of Income Tax Act-Section 8G
Fund to be recognized under Act 11 of 1922- Section 9
Protection against attachment—Section 10
Priority of payment of contributions over other debts— Section 11
Employer not to reduce wages, etc.—Section 12
Inspectors—Section 13
Penalties—Section 14
Offences by companies—Section 14A
Enhanced punishment in certain cases after previous conviction—Section 14AA
Certain offences to be cognizable—Section 14AB
Cognizance and Trial of Offences—Section 14AC
Power to recover damages—Section 14B
Power of court to make orders—Section 14C
Special provisions relating to existing provident funds—Section 15
Act not to apply to certain establishments—Section 16
Authorizing certain employers to maintain provident fund accounts—Section 16A
Power to exempt—Section 17
Transfer of accounts—Section 17A
Act to have effect notwithstanding anything contained in Act 31 of 1956—Section 17AA
Liability in case of transfer of establishment—Section 17B
Protection of action taken in good faith—Section 18
Presiding Officer and other officers to be public servants—Section 18A.
Delegation of powers—Section 19
Power of Central Government to give directions—Section 20
Power to make rules—Section 21
Power to remove difficulties—Section 22
SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
Preliminary
Statement of objects and reasons
Salient features of the Act
Short title and extent—Section 1
Interpretation—Section 2
Fixing of minimum rates of wages—Section 3
Minimum rate of wages—Section 4
Procedure for fixing and revising minimum wages—Section 5
Advisory Board—Section 7
Central advisory board—Section 8
Composition of committees, etc.—Section 9
Correction of errors—Section 10
Wages in kind—Section 11
Payment of minimum rates of wages—Section 12
Fixing hours for normal working days, etc.—Section 13
Overtime—Section 14
Wases of worker who works for less than normal working day—Section 15
Waees for two or more classes of work—Section 16
Minimum time rate wages for piece work—Section 17
Maintenance of registers and records—Section 18
Inspectors—Section 19
Claims—Section 20
Limitation Period
Procedure for deciding claims under M.W. Act
pMiaity for vexatious claims
Recovery of amount by the Authority
Single application in respect of a number of employees—Section 21
penalties for certain offences—Section 22
General provisions for punishment of other offences—Section 22A
Cognizance of offences—Section 22B
Offences by companies—Section 22C
Payment of undisbursed amount due to employees— Section 22D
Protection against attachment of assets of employer with Government—Section 22E
Application of Payment of Wages Act, 1936 to scheduled employments—Section 22F
Exemption of employer from liability in certain cases— Section 23
Ear of suits—Section 24
Contracting out—Section 25
Exemptions and exceptions—Section 26
Power of State Government to add to Schedule— Section 27
Power of the Central Government to give directions— Section 28
Power of the Central Government to make rules- Section 29
Power of appropriate Government to make rules—Section 30
Pules made by the Central Government to be laid before Parliament—Section 30A
Validation of fixation of certain minimum rates of wages—Section 31
THE SCHEDULE
The Payment of Wages Act, 1936
Preliminary
Statement of Objects and Reasons
Short title, extent, commencement and application— Section 1
Definitions
Responsibility for payment of wages—Section 3
Fixation of wage-periods—Section 4
Time of payment of wages—Section 5
Wages to be paid in current coin or currency notes or by cheque or
crediting in bank account—Section 6
Deductions which may be made from wages—Section 7
Deductions which are allowed by the Act
Maximum Deduction
Fines—Section 8
Deduction for absence from duty—Section 9
Deductions for damage or loss—Section 10
Deductions for services rendered - Section 11
Deductions for recovery of advances—Section 12
Deductions for recovery of loans—Section 12A
Deductions for payments to co-operative societies and insurance schemes—Section 13
Maintenance of registers and records—Section 13A
Inspectors—Section 14
Facilities to be afforded to inspectors—Section 14A
Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims—Section 15
Single application in respect of claims from unpaid group—Section 16
Appeal—Section 17
Conditional attachment of property of employer or other person responsible for payment of
wages—Section 17A
Powers of authorities appointed under Section 15—Section 18
Penalty for offences under the Act—Section 20
Procedure in trial of offences—Section 21
Bar of suits—Section 22
Protection of action taken in good faith—Section 22A
Contracting out—Section 23
Delegation of powers—Section 24
Display by notice of abstracts of the Act—Section 25
Payment of undisbursed wages in cases of death of employed person—Section 25A
Rule making power—Section 26
The Factories Act, 1948
CHAPTER I
Preliminary
Interpretation—Section 2
Reference to time of day-Section 3
Power to declare different departments to be separate factories or two or more factories to be a
single factory—Section 4
Power to exempt during public emergency—Section 5
Approval, licensing and registration of factories -Section 6
Notice by occupier—Section 7
General duties of the occupier—Section 7A
General duties of manufacturers, etc., as regard articles and substances for use in factories—
Section 7B
CHAPTER II
The Inspecting Staff
Inspectors—Section 8
Power of Inspectors—Section 9
Certifying surgeons—Section 10
CHAPTER III
Health
Cleanliness—Section 11
Disposal of waste and effluents—Section 12
Ventilation and temperature—Section 13
Dust and fume—Section 14
Artificial humidification—Section 15
Overcrowding—Section 16
Lighting—Section 17
Drinking water—Section 18
Latrines and urinals—Section 19
Spittoons—Section 20
CHAPTER IV
Safety
Fencing of machinery—Section 21
Work on or near machinery in motion—Section 22
Employment of young persons on dangerous machines—Section 23
Striking gear and devices for cutting off power—Section 24
Self-acting machines—Section 25
Casing of new machinery—Section 26
Prohibition of employment of woman or children near cotton openers—Section 27
Hoist and lifts—Section 28
Lifting machines, chains, ropes and lifting tackles—Section 29
Revolving machinery—Section 30
Pressure plant—Section 31
Floors, stairs and means of Access—Section 32
Pits, sumps, openings in floors etc.—Section 33
Excessive weights—Section 34
Protection of eyes—Section 35
Precautions against dangerous fumes, gases, etc.—Section 36
Precautions regarding the use of portable electric light—Section 36A
Explosive or inflammable dust, gas, etc.—Section 37
Precaution in case of fire—Section 38
Power to require specifications of defective parts or tests of stability—Section 39
Safety of buildings and machinery—Section 40
Maintenance of buildings—Section 40A
Safety Officers—Section 40 B
Power to make rules to supplement this chapter—Section 41
CHAPTER IV-A
Provisions Relating to Hazardous Processes
Constitution of site appraisal committee—Section 41A
Compulsory disclosure of information by the occupier—Section 4IB
Specific responsibility of the occupier in relation to hazardous process—Section 41C
Power of Central Government to appoint Inquiry Committee—Section 4ID
Emergency standards—Section 41E
Permissible limits of exposure of chemical and toxic substances—Section 4 IF
Worker's participation in safety management section -41G
Right of workers to warn about imminent danger- Section 41H
CHAPTER V
Welfare
Washing facilities—Section 42
Facilities for storing and drying clothing—Section 43
Facilities for sitting—Section 44
First-aid appliances—Section 45
Canteens—Section 46
Shelters, rest rooms and lunch rooms—Section 47
Creches—Section 48
Welfare officers—Section 49
Power to make rules to supplement this Chapter—Section 50
CHAPTER VI
Working Hours of Adults
Weekly holidays—Section 52
Compensatory holidays—Section 53
Daily hours—Section 54
Intervals for rest—Section 55
Spreadover—Section 56
Night shifts—Section 57
Prohibition of overlapping shifts—Section 58
Extra wages for overtime—Section 59
Restriction on double employment—Section 60
Notice of periods of work for adults—Section 61
Register of adult workers—Section 62
Hours of work to correspond with notice under Section 61 and register under Section 62—Section 63
Power to make exempting rules—Section 64
Power to make exempting orders—Section 65
Further restriction on employment of women—Section 66
CHAPTER VII
Employment of Young Persons
Prohibition of employment of young children— Section 67
Non-adult workers to carry token—Section 68
Certificate of fitness—Section 69
Effect of certificate of fitness granted to adolescent— Section 70
Working hours for children—Section 71
Notice of periods of work for children—Section 72
Register of child workers—Section 73
Hours of work to correspond with notice under Section 72 and register under Section 73—Section 74
Power to require medical examination—Section 75
Power to make rules—Section 76
Certain other provisions of law not barred—Section 77
CHAPTER VIII
Annual Leave with Wages
Application of chapter—Section 78
Annual leave with wages—Section 79
Wages during leave period—Section 80
Payment in advance in certain cases—Section 81
Mode of recovery of unpaid wages—Section 82
Power to make rules—Section 83
Power to exempt factories - Section 84
CHAPTER IX
Special Provisions
Power to apply the Act to certain premises—Section 85
Power to exempt public institutions—Section 86
Dangerous operations—Section 87
Power to prohibit employment on account of serious hazard—Section 87 A
Notice of certain accidents—Section 88
Notice of certain dangerous occurences—Section 88A
Notice of certain diseases—Section 89
Power to direct inquiry into cases of accident or disease—Section 90
Power to take samples—Section 91
Safety and occupational health survey—Section 91A
CHAPTER X
Penalties and Procedure
General penalty for offences—Section 92
Liability of owner of premises in certain circumstances—Section 93
Enhanced penalty after previous conviction— Section 94
Penalty for obstructing Inspector—Section 95
Penalty for wrongfully disclosing results of analysis under Section 91—Section 96
Penalty for contravention of the provisions of Section 4IB, 41C and 41H—Section 96A
Offence by workers—Section 97
Penalty for using false certificate of fitness— Section 98
Penalty for permitting double employment of child—Section 99
Exemption of occupier or manager from liability in certain cases—Section 101
Power of court to make orders—Section 102
Presumption as to employment—Section 103
Onus as to age—Section 104
Onus of proving limits of what is practicable, etc.— Section 104A
Cognizance of offences—Section 105
Limitation of prosecution—Section 106
Jurisdiction of a Court for entertaining proceedings, etc., for Offence— Section 106A
CHAPTER XI
Supplemental
Appeals—Section 107
Display of notices—Section 108
Service of notice—Section 109
Returns—Section 110
Obligations of workers—Section 111
Right of workers, etc.—Section 111-A
General power to make rules—Section 112
Power of Centre to give directions—Section 113
No charge for facilities and conveniences—Section 114
Publication of rules—Section 115
Application of Act to government factories—Section 116
Protection to persons acting under this Act—Section 117
Restriction on disclosure of information—Section 118
Restriction on disclosure of information—Section 118-A
Act to have effect notwithstanding anything contained in Act 37 of 1970—Section 119
Repeal and savings—Section 120
SCHEDULE I
SCHEDULE II
SCHEDULE III
The Maternity Benefit Act, 1961
Introduction
Short title, extent and commencement—Section 1
Application of Act—Section 2
Definitions—Section 3
Employment of or work by, women prohibited during certain periods—Section 4
Right to payment of maternity benefits—Section 5
Continuance of payment of maternity benefit in certain cases—Section 5A
Payment of maternity benefit in certain cases—Section 5B
Notice of claim for maternity benefit and payment thereof—Section 6
Pavment of maternity benefit in case of death of a woman—Section 7
Payment of medical bonus—Section 8
Leave for miscarriage, etc.—Section 9
Leave with wages for tubectomy operation—Section 9A
Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage,
medical termination of pregnancy or tubectomy operation—Section 10
Nursing breaks—Section 11
Creche facility—Section 11 A
Dismissal during absence of pregnancy—Section 12
No deduction of wages in certain cases—Section 13
Appointment of Inspectors—Section 14
Powers and duties of Inspectors—Section 15
Inspectors to be public servants—Section 16
Power of Inspector to direct payments to be made— Section 17
Forfeiture of maternity benefit—Section 18
Abstract of Act and rules thereunder to be exhibited— Section 19
Registers, etc.—Section 20
Penalty for contravention of Act by employer—Section 21
Penalty for obstructing Inspector—Section 22
Cognizance of offences—Section 23
Protection of action taken in good faith—Section 24
Power of Central Government to give directions—Section 25
Power to exempt establishments—Section 26
Effect of laws and agreements inconsistent with this Act—Section 27
Power to make rules—Section 28
Amendment of Act 69 of 1951—Section 29
Repeal—Section 30
The Payment of Gratuity Act, 1972
Introduction
Statement of objects and reasons
Salient Features of the Payment of Gratuity Act
Scope and application of the Act
Definitions—Section 2
Continuous service—Section 2A
Controlling authority—Section 3
Payment of gratuity—Section 4
(A) Quantum of gratuity for monthly rated employee
(B) Quantum of gratuity in case of piece rated employee
(C) Quantum of gratuity in seasonal establishment
Compulsory insurance—Section 4A
Power to exempt—Section 5
Nomination—Section 6
Determination of the amount of gratuity—Section 7
Inspectors—Section 7A
Powers of Inspectors—Section 7B
Recovery of gratuity—Section 8
Penalties—Section 9
Exemption of employer from liability in certain cases— Section 10
Cognizance of offences—Section 11
Protection of action taken in good faith-Section 12
Protection of gratuity—Section 13
Validation of payment of gratuity—Section 13A
Act to override other enactments, etc.—Section 14
Power to make rules—Section 15
The Child and Adolescent Labour
(Prohibition and Regulation) Act, 1986
Introduction
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
Statement of objects and reasons
PART I
Preliminary
Short title, extent and commencement—Section 1
Definitions—Section 2
PART II
Prohibition of employment of children in
any occupation and process
Prohibition of employment of children in any occupation and process—Section 3
Prohibition of employment of adolescents in certain hazardous
occupations and processes—Section 3A
Power to amend the Schedule—Section 4
Technical Advisory Committee—Section 5
PART III
Regulation of Conditions of Work of Adolescents
Application of Part—Section 6
Hours and period of work—Section 7
Weekly holidays—Section 8
Notice to Inspector—Section 9
Disputes as to age—Section 10
Maintenance of register—Section 11
Display of notice containing abstract of Sections 3A and 14—Section 12
Health and safety—Section 13
PART IV
Miscellaneous
Penalties—Section 14
Offences to be cognizable-Section 14A
Child and Adolescent Labour Rehabilitation Fund—Section 14B
Rehabilitation of rescued child or adolescent-Section 14C
Compounding of offences-Section 14D
Modified application of certain laws in relation to penalties—Section 15
Procedure relating to offences—Section 16
Appointment of Inspectors—Section 17
District Magistrate to implement the provisions—Section 17A
Inspection and Monitoring—Section 17B
Power to make rules—Section 18
Rules and notifications to be laid before Parliament or State Legislature—Section 19
Certain other provisions of law not barred—Section 20
Power to remove difficulties—Section 21
Repeal and savings—Section 22
THE SCHEDULE
The Equal Remuneration Act, 1976
CHAPTER I
Preliminary
Statement of Objects and Reasons
Salient Features of the Act
Short title, extent and commencement—Section 1
Definitions—Section 2
Act to have overriding effect—Section 3
CHAPTER II
Payment of Remuneration at Equal Rates to Men
and Women Workers and Other Matters
Duty of employer to pay equal remuneration to men and women workers for same work or work of similar nature—Section 4
No discrimination to be made while recruiting men and women workers—Section 5
Advisory Committee—Section 6
Power of appropriate government to appoint authorities for hearing and deciding claims and
complaints—Section 7
CHAPTER III
Miscellaneous
Duty of employers to maintain registers—Section 8
Inspectors—Section 9
Penalties—Section 10
Ofifences by companies—Section 11
Cognizance and trial of offences—Section 12
Power to make rules—Section 13
Power of Central Government to give direction—Section 14
Act not to apply in certain special cases—Section 15
Power to make declaration—Section 16
Power to remove difficulties—Section 17
Pepeal and saving—Section 18
The Bonded Labour System (Abolition) Act, 1976
CHAPTER I
Preliminary
Objects and Reasons of the Act
Short Title, extent and commencement—Section 1
Definitions—Section 2
Act to have over-riding effect—Section 3
CHAPTER II
Abolition of Bonded Labour System
Abolition of bonded labour system—Section 4
Agreement custom, etc; to be void—Section 5
CHAPTER III
Extinguishment of Liability to Repay Bonded Debt
Liability to repay bonded debt to stand extinguished-Section 6
Property of bonded labourer to be freed from mortgage, etc.—Section 7
Freed bonded labourer not to be evicted from homestead, etc.—Section 8
Creditor not to accept payment against extinguished debt—Section 9
CHAPTER IV
Implementing Authorities
Authorities who may be specified for implementing the provisions of this Act—Section 10
Duty of District Magistrate and other officers to ensure credit—Section 11
Duty of District Magistrate and officers authorized by him—Section 12
CHAPTER V
Vigilance Committee
Vigilance Committee—Section 13
Functions of Vigilance Committees—Section 14
Burden of proof—Section 15
CHAPTER VI
Offences and Procedure for Trial
Punishment for enforcement of bonded labour— Section 16
Punishment for advancement of bonded debt— Section 17
Punishment for extracting bonded labour under the bonded labour system—Section 18
Punishment for omission or failure to restore possession of property to bonded labourers—
Section 19
Abetment to be an offence—Section 20
Offences to be tried by Executive Magistrates— Section 21
Cognizance of offences—Section 22
Offences by companies—Section 23
CHAPTER VII
Miscellaneous
Protection of action taken in good faith—Section 24
Jurisdiction of civil courts barred—Section 25
Power to make rules—Section 26
Repeal and saving—Section 27
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