PREAMBLE

The main objective of this Act is to regulate the employment of women for certain period before and after child birth and to provide maternity benefit and certain other benefits.

Application of Act

The Act applies to every establishment being a factory , mine or plantation including any such establishment belonging to Government and every shop or establishment in which 10 or more persons are employed. By special notification Govermnemt can cover any of the provisions of the Act to any other establishment or class of establishemtnt, industrial. commercial, agriculture or other work.

The Act is not applicable to any factory or other establishment to which the EMployees State Insurance Act applies.

The Act prohibits the employment of a women in any establishment durin the simweeks immediately follwoing the day of her delivery or her miscarriae of medical termination of pergnancy.

Eligibilty for maternity benefit

A woment worker will be entitled to maternity benefit, if she has worked in the establishment for a period of tnot lesss than eighty days in the tweleve months, immediaely preceeding the date of her expected delivery.

Rate of Benefit

The maternity benefit will be at the rate of average daily wages for the period of her actual absence upto a maximum of 12 weeks. This includes the period immediately preceeding and including the day of her delivery. and a minimum of six weeks immediately following the day of delivery.

THe average dail wages is the average of the wages, payable to her during the period of threee months immediately, before the date of absence of maternity.

Maximum Period of Benefit

The maximum period for which a woman will be entitled for maternity leave will be tweleve weeks.that is six weeks up to and including the day of her delivery and six weeks immediately following that day.

If a woman dies during this period, the benefit will be payable only upto and including the date of her death. If the child dies, the maternity benefit will be payable upto and including the date of the death of the child.

Notice of Claim for Materinity Benefit

The women employees should give a notice in writing in the prescribed form to her employer, giving the date from which she will be absent from work, and the amount of benefit entitled and the prson nominated to receive the payment.

Medical Bonus

Every woman worker entitled to maternity benefit shall also be entitled to receive a medical bonus of RS 250/-.

The above bonus may not be given if the employer provided pre-natal confinement and post-natal care.

Leave for mis-Carriages

In case of miss-carriage a woman will be entitled for maternity leave for a peroid of six weeks,immediately after the date of miscarriage.The women employee has to produce proof for miscarriage to avail the benefit.

Leave with wages for tuectomy operation

In case of tubectomy operation leave with wages at the rate of maternity benefit for a period of two weeks immediately following her tubectomy operation shall be given on production of proof of such operation.

Leave for illness

If a woman worker suffers from illness due to pregnancy or, delivery,she is entitled to leave with wages upto one month in addition to normal maternity benefit peroid on production of proof.

Nursing Breaks

Two nursing breaks should be given to the mother to feed the child everyday,untill the child attains the age of fifteen months.

Dismissal during absence or pregnancy

When a woman worker absents herslf in accordance with the provision of this Act she cannot be dismissed,or discharged,on account of absence.Further during such absence conditions of service should not be altered to her disadvantage,In order to deprive her of meternity benefit,a pregnant women should not be discharged.

For alloting light work as per Sec.4(3) or for giving breaks for nursing the child under Sec.11,no deduction should be made from her wage.

While enjoying the benefit under this Act,she should not be employed elsewhere.

If any award,agreement ,or contract of service provide fir better benefits than under the Act,that will prevail.similarly when such contract of award provide lesser benefit,than under the Act,the latter will prevail.

The government is vested with power to exempt any establishment from the provisions of the Act,subject to condition that may be specified.

Central Government can give direction to State Government for implementing the laws.

The Maternity Benefit Act 1961
ARRANGEMENT OF SECTIONS

1. Short title, extent and commencement.
2. Application of Act.
3. Definitions.
4. Employment of, or work by, women prohibited during certain period.
5. Right to payment of maternity benefit.
5A. Continuance of payment of maternity benefit in certain cases.
5B. Payment of maternity benefit in certain cases.
6. Notice of claim for maternity benefit and payment thereof.
7. Payment of maternity benefit in case of death of a woman.
8. Payment of medical bonus.
9. Leave for miscarriage, etc.
9A. Leave with wages for tubectomy operation.
10. Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation.
11. Nursing breaks.
12. Dismissal during absence or pregnancy.
13. No deduction of wages in certain in cases.
14. Appointment of Inspectors.
15. Power and duties of Inspectors.
16. Inspectors to be public servants.
17. Power of Inspector to direct payments to be made.
18. Forfeiture of maternity benefit.
19. Abstract of Act and rules there under to be exhibited.
20. Registers, etc.
21. Penalty for contravention of Act by employer.
22. Penalty for obstructing Inspector.
23. Cognizance of offences.
24. Protection of action taken in good faith.
25. Power of central Government to give directions.
26. Power to exempt establishments.
27. Effect of laws and agreements inconsistent with this Act.
28. Power to make rules.
29. Amendment of Act 69 of 1951.
30. Repeal.

PREAMBLE

An Act to prohibition the engagement of children in certain employment and to regulate the conditions of work of children in certain other employment.

PART- I

PRELIMINARY

1. It extends to the whole of India.

2. “child” means a person who has not completed his fourteenth year of age;

PART – II

PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES

No child shall be employed or permitted to work in any of the occupations set forth in part A of the schedule or in any workshop wherein any of the processes set forth in part B of the Schedule is carried on :

PART - III

REGULATION OF CONDITIONS OF WORK OF CHILDREN

1. The provisions of this part shall apply to an establishments in which none of the occupations or processes referred to in section 3 is carried on.

2. No child shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments.

3. The period of work of a child shall be so arranged that inclusive of his interval for rest under sub- section (2) , it shall not be spread over more than six hours, including the time spent in writing for work on any day.

4. No child shall be permitted or required to work between 7 p.m. and 8.a.m.

5. No child shall be required or permitted to work overtime.

6. No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment.

7. Every child employed in an establishment shall be allowed in each week a holiday of one whole day.

8. There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours.

PART – IV

PENALTIES

Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both.

THE SCHEDULE

PART – A

“ OCCUPATIONS” .- Any occupation connected with-

1. Transport of passengers, goods or mails by railway;

2. Cinder picking clearing of an ash pit or building operation in the railway premises;

3. Work in a catering establishment at a railway station involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train;

4. Work relating to the construction of a railway station or with any other work where such work is done in close proximity or between the railway lines;

5. A port authority within limits of any port.

6. Work relating to selling of crackers and fireworks in shops with temporary licences.

7. Abattoirs/ Slaughter houses.

8. Automobile workshops and garages;

9. Foundries;

10. Handling of toxic or inflammable substances or explosives;

11. Handloom and power loom industry;

12. Mines (underground and under water) and collieries;

13. Plastic units and fiberglass workshops.

PART – B

PROCESSES

1. Bidi – making.

2. Carpet weaving including preparatory and incidental process thereof.

3. Cement manufacture, including bagging of cement.

4. Cloth printing, dyeing and weaving including processes preparatory and incidental thereto.

5. Manufacture of matches, explosives and fireworks.

6. Mica-cutting and splitting.

7. Shellac manufacture.

8. Soap manufacture.

9. Tanning.

10. Wool – cleaning.

11. Building and construction industry including processing and polishing of granite stones.

12. Manufacture of slate pencils (including packing).

13. Manufacture of products from agate.

14. Manufacturing process using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and Asbestos.

15. Hazardous processes as defined in section 2 (cb) and dangerous operation as notified in rules made under section 87 of the factories Act, 1948 (63 of 1948).

16. Printing as defined in section 2 (k) (iv) of the factories Act,1948 (63 of 1948).

17. Cashew and cashewnut descaling and processing.

18. Soldering processes in electronic industries.

19. Aggarbatti manufacturing.

20. Automobile repairs and maintenance including processes incidental thereto namely welding lathe work dent beating and painting.

21. Brick – kilns and roof tiles units.

22. Cotton ginning and processing and production of hosiery goods.

23. Detergent manufacturing.

24. Fabrication workshops (ferrous and non – ferrous).

25. Gem cutting and polishing.

26. Handling of chromite and manganese ores.

27. Jute textile manufacture and coir making.

28. Lime kilns and manufacture of lime.

29. Lock – making.

30. Manufacturing processes having exposure to lead.

31. Manufacturing of cement pipes, cement products and other related work.

32. Manufacturing of glass, glassware including bangles, fluorescent tubes, bulbs and other similar glass products.

33. Manufacture of dyes and dye stuff.

34. Manufacturing or handling of pesticides and insecticides.

35. Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning, and photo engraving, and soldering processes in electronic industry.

36. Manufacturing or burning coal and coal briquettes.

37. Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather.

38. Moulding and processing of fiberglass and plastic.

39. Oil expelling and refinery.

40. Paper making.

41. Potteries and ceramic industry.

42. Polishing, moulding , cutting, welding and manufacture of brass goods in all forms.

43. Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting.

44. Saw mill – all processes.

45. Sericulture processing.

46. Skinning, dyeing and processes for Manufacturing of leather and leather products.

47. Stone breaking and stone crushing.

48. Tobacco processing including Manufacturing of tobacco, tobacco paste and handling of tobacco in any form.

49. Tyre making, repairing, re-treading and graphite benefication.

50. Utensils making, polishing and metal buffing.

51. ‘Zari’ making (all processes.)

Electroplating;

52. Graphite powdering and incidental processing;

53. Grinding or glazing of metals;

54. Diamond cutting and polishing;

55. Extraction of slate from mines;

56. Rag picking and scavenging.

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT,1986
(ACT 61 OF 1986)
ARRANGEMENT OF SECTIONS

SECTIONS :

PART – I

PRELIMINARY

1. Short title, extent and commencement.

2. Definitions.

PART – II

PROHIBITION OF EMPLOYMENT OF CHILDREN IN CENRTAIN OCCUPATIONS AND PROCESSES

3. Prohibition of employment of children in certain occupations and processes.

4. Power to amend the schedule.

5. Child Labour technical advisory committee.

PART – III

REGULATION OF CONDITIONS OF WORK OF CHILDREN

6. Application of part.

7. Hours and period of work.

8. Weekly holidays.

9. Notice to inspector.

10. Disputes as to age.

11. Maintenance of register.

12. Display of notice containing abstracts of sections3and14.

13. Health and safety.

PART – IV

MISCELLANEOUS

14. Penalties.

15. Modified application of certain laws in relation to penalties.

16. Procedure relating to offences.

17. Appointment of inspectors.

18. Power to make rules.

19. Rules and notifications to be laid before parliament or state legislature.

20. Certain other provisions of law not barred.

21. Power to remove difficulties.

22. Repeal and savings.

23. Amendment of Act 11 of 1948.

24. Amendment of Act 69 of 1951.

25. Amendment of Act 44 of 1958.

26. Amendment of Act 27 of 1961.

PREAMBLE

1. It extends to the whole of India.

2. “remuneration” means the basic wage or salary, and any additional emolument whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled;

3. “same work or work of a similar nature” means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman.

PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS AND OTHER MATTERS

It is the duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature.

No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind, at rates less favorable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature.

NO EMPLOYER SHALL, FOR THE PURPOSE OF COMPLYING WITH THE PROVISIONS OF SUB – SECTION (1), REDUCE THE RATE OF REMUNERATION OF ANY WORKER.

No discrimination to be made while recruiting men and women workers.-

No employer shall, while making recruitment for the same work or work of a similar nature, [or in any condition of service subsequent to recruitment such as promotions, training or transfer] make any discrimination against women.

THE EQUAL REMUNERATION ACT, 1976
ARRANGEMENT OF SECTIONS

SECTIONS

1. Short title, extent and commencement

2. Definitions

3. Act to have overriding effect

4. Duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature

5. No discrimination to be made while recruiting men and womer workers

6. Advisory committee

7. Power of appropriate government to appoint authorities for hearing and deciding claims and complaints

8. Duty of employers to maintain registers

9. Inspectors

10. Penalties

11. Offences by companies

12. Cognizance and trial of offences

13. Power to make rules

14. Power of central government to give directions

15. Act not to apply in certain special cases

16. Power to make declaration

17. Power to remove difficulties

18. Repeal and saving

OBJECTIVE

After Independence there was erosion in the grip of the old principle of absolute freedom of contract of service and the doctrine of laissez faire and new principles of social welfare and common gained good momentum. India's ratification of many of the resolutions of the International Labour Organisation convention came to the rescue of poorly paid workmen. The need for a legislation to guarantee payment and minimum wages in respect of workmen employed in sweated industries, not organised, was felt and the Government of India enacted this Act in 1948.

SCOPE AND COVERAGE

Since its enactment in 1948, the Act has been amended several times. As it stands at present,it extends to the whole of India to start with it covered employment in agriculture and the following 12 other employments mentioned in its schedule.

1. Public Motor Transport
2. Mica Work
3. Plantations
4. Oil Mills
5. Tobacco
6. Lac Manufactory
7. Tanneries and leather manufactory
8. Wollen carpet making and shawl weaving
9. Rice, flour and dhall mills
10. Local authority
11. Road construction and maintenance or building operations
12. Stone breaking or stone crushing

The Government of Tamilnadu by virtue of the powers Under Section 27 of the Act has added the following 54 employments to the Schedule (Part-I) to the Act:

1. Employment in cotton ginning and pressing
2. Employment in salt pans
3. Employment in coir manufactory
4. Employment in match and fire works manufactory
5. Employment in hosiery manufactory
6. Employment in bricks and tiles manufactory
7. Employment in cotton waste
8. Employment in laundries and washing (clothes including wollen)
9. Employment in timber industry
10. Employment in sago industry
11. Employment in automobile workshops
12. Employment in powerloom industry
13. Employment in cashewnut industry
14. Employment in gold ornaments manufactory
15. Employment in Handloom weaving industry
16. Employment in Hotels and Restaurants
17. Employment in Printing presses
18) Employment in Shops and Commercial Establishments
19) Employment in Cinemas
20) Employment in any Motion or Picture Industry
(including production, distribution and publicity
21) Employment in synthetic Gem cutting,
22) Employment in loading and unloading operation in markets. shandies (fairs and market places) and other like places.
23) Employment in bought leaf tea factories
24) Employment in vessel (utensil) making
25) Employment in bleaching and dyeing
26) Employment In Tailoring
27) Employment in hospitals and nursing homes
(other than Government and Employees' State Insurance Hospitals and Dispensaries) 28) Coffee Curing Works
29) Employment in Soap Manufactory
30) Tin Container Manufacturing Industry
31) Toddy Neera Tapping Employment
32) Employment in Handloom SiIk Weaving
33) Employment of Autorickshaws and Taxi's
34) Employment in General Engineering and Fabrication Industry
35) Employment in Waste Cotton Mills
36) Employment In Aerated water Manufactory
37) Employment in Polythene manufactory and Processing Foam items and Plastic Manufactory
38) Employment in Leather goods manufactory
39) Employment in Bakery and Biscuits manufactory
40) Employment in Gunny industry
41) Employment in Silk Twisting industry
42) Employment in Coconut peeling Industry
43) Employment in Food Processing Indus try
44) Employment in Paper and other incidental works connected with the paper industry
45) Employment in Electronic industry
46) Employment in Carpentary and Blacksmithy
47) Employment in Sericulture
48) Employment in Coaching. Academics including nursery schools, tutorial, colleges, etc. run on commercial lines.
49) Employment in Appalam Manufactory
50) Employment in Agarbathi Manufacturing
51) Employment in Security Guards
52) Employment in Medical and Safes representatives
53) Employment in Chemicals & Fertilizers Industry
54) Employment in Granite industry

APPROPRIATE GOVERNMENT

The Central Government is the appropriate Government in respect of scheduled employment carried on by or under the authority of the Central Government or a Railway, Mine, Oil field, major port or any Corporation established by the Central Government. The State Government is the appropriate Government in respect of other scheduled employments.

FIXATION OF MINIMUM WAGES

The Act empowers the appropriate Government to fix time rated or piece rated minimum rates of wages. Separate allowance linked to cost of living index can also be fixed in addition to the wages. There are 2 methods for fixation of minimum rates of wages. The first is the Committee method i.e. constituting advisory committee consisting of equal number of 'representations of employers and employees in the scheduled employment and independent members and fixing wages after considering the advice of the Committee. The second is the 'notification method'. The Government notify the rates of wages proposed to be fixed as minimum wages and call for objection- and suggestion from the public. After considering the suggestions and objections of the parties concerned. The Government will confirm the rates already notified or modify the same. The wages fixed have to be reviewed and refixed once in 5 years. With a view to co-ordinate the work of the advisory committee and advising the State Government in the matter of fixing and revising minimum rates of wages, the Government have constituted an Advisory Board consisting of equal number of representatives of employers and employees arid independent persons not exceeding 1/3 of the total number of representatives. Generally the Commissioner of Labour, Chennai, is nominated as the Chairman.

PAYMENT OF MINIMUM WAGES

According to Section 12 of the Minimum wages Act, payment of minimum wages is compulsory and the Supreme Court has held that an employment which has no capacity to pay minimum wages has no right to exist. Labour Court appointed under the Industrial Disputes Act have been notified as the competent authorities to hear and decide claims arising out of payment of wages less than the minimum wages. The affected workers directly or through the office bearers of their trade unions, can prefer claims in the Labour Courts.

ENFORCEMENT MACHINERY

Assistant Inspector of Factories, Inspector of Factories, Deputy Chief Inspector of Factories and Joint Chief Inspector of Factories are Inspectors under .the Act. As payment of minimum wages is one of the 20 point programmes of the Prime Minister, the State Government have strengthened the enforcement machinery and separate Deputy Inspectors of Labour, in addition to Assistant Inspectors of Labour have been appointed in some areas and the Inspectors of Plantations are also enforcing the provision of the Minimum Wages Act in their respective jurisdictions.

The Deputy Commissioner of Labour (Minimum) in the office of the Commissioner of Labour, Chennai, is generally appointed as the Chairman of the Committees for fixing minimum wages.

The Inspectors appointed under the Act have got powers to Inspect the premises of the scheduled employments and verify the registers and records maintained under the Act and Rules. They have also powers to , examine the workers and seize or take copies of registers and records connected with payment of minimum rates of wages.

According to Section 22F of the Minimum Wages Act, the provision of the Payment of Wages Act 1936 are made applicable to scheduled employments.

MAINTENANCE OF REGISTERS

Maintenance of Registers and records by employers are considered necessary for the enforcement of minimum wages fixed under the Act (Sec. 18)

PENAL PROVISIONS

Following penalties for offences are provided under the Act (Sec. 22)

Nature of offence

a) Payment of wages less than the minimum rates of wages fixed or due under the Act.

Penalty

Imprisonment upto 6 months or fine upto Rs. 500/- or both

Government have got power to exempt employer from liability in certain cases , where public
Interest so requires (Sec. 26)

OBLIGATIONS OF EMPLOYERS

It is obligatory on the part of every employer covered by the Act to:

1. Pay to every employee engaged in a scheduled employment under him, minimum rates of wages that may be fixed by the Government under the Act without any deduction except as may be authorized (Sec. 12)
2. Observe all direction which may be issued under the Act, in the regard to normal working hours, weekly day of rest with wages and overtime rates.
3. Maintain register and records as required by the Government showing particulars of employees, work performed by them, wages paid to them and receipt given by them (Sec. 18).
4. ) Issue wages books or slips to employees in respect of minimum rates of wages if required by the Government and makes authenticated entries in such wage books or wages slips )Sec. 18)

VALIDITY OF THE CONSTITUTION OF BOARD/COMMITTEE

The order of the Government constituting Advisory Board or Committee or Sub-committee cannot be called in question in any Court of Law. The existence / of any vacancy or defect or regularity in the constitution of Board or Committee, will not invalidate the act or proceeding of a Board or Committee.

HOURS OF WORK

The appropriate Government are empowered to fix the number of hours of work per day, interval and day of rest. The normal working hours is fixed at 9 hours a day for adults and 4 hours a day for children and 6 hours per day for adolescents in plantations. The total hours of work including overtime can be upto 10 hours a day and 54 hours a week. Work beyond 5 hours should not be extended without an interval for rest for rest at least half an hour. The spread over should not exceed 12 hours in a day.

In respect of overtime work done in agriculture over time wages should be paid at the rate of 1 times of the ordinary rate of wages. In respect of other scheduled employment the rate of over time wages is twice the ordinary rate of wages.

Rules

1926 - The Government of India addressed all the local Government residents about delay in payment/fines imposed on the workers.
1929 - Royal commission on Labour was appointed.
1933 - 34 - Bill placed before Select Comittee.
10.10.1956 - State Labour Advisory Board Meeting held.
Payment of wages Act extended to all the types of employments. An Act to regulate the payment of wages. This Act has been subsequently amended in the year 1937, 1957, 1959, 1964, 1977, 1982, 1986.

Applicability

It extends to the whole of India.
Wage limit : Rs.6,500/-

Establishments

1. Factory
2. Railway Service/Motor Transport Service
3. Air Transport Service except Military/Naval/Airforces
4. Dock
5. Mine,Quarry, Oilfield
6. Plantation/Workshop.

Wages: Means all remuneration (salary, Allowance)

a. Any remuneration payable under any award or settlement between parties or order of the court.
b. Any remuneration to which the person is entitled in respect of overtime work, or holidays or any leave
period.
c. Any additional remuneration payable under the terms of employment (Bonus or by any other name).
d. Any sum which by reason of the termination of employment.
e. Any sum under any scheme framed under any law but does not include.

1. Profit sharing Bonus
2. Value of any house accommodation, light, water, medical attendance or other amenity.
3. Contribution paid by the employer to any pension, provident fund.
4. Any Travelling Allowance.
5. Any Gratuity

Responsibilities for payment of wages

Employer/Pay-master/Manager in Factories/Establishments

Fixation of wage period :

Maximum one mont
It may be fortnightly/weekly/daily

Time of payment of wages :

If the strength of workers is less than 1000 on or before 7th. It more than 1000 on or before 100.

Wages shall be paid on a working day.

Wages to be paid in current coin or currency notes.

With written authorisation payment can be made either by cheques or credit in his bank account.

Sec.7 : Deduction which may be made from wages:

The wages of an employed person shall be paid to him without deductions of any kind except those authorised by or under this Act.

Every payment made by the employed person to the employer or his agent, shall for the purpose of this Act, be deemed to be a deduction from wages.

1. Fines.
2. Deductions for absence from duty.
3. Deductions for damage to or loss of goods.
4. Deductions for house accommodation supplied by the employer.
5. Deductions for such amenities and services supplied by the employer.
6. Deductions for recovery of advances.
7. Deductions for recovery of loans.
8. Deductions of income tax payable.
9. Deductions required to be made by order of a court.
10. Deductions to Employees Provident Fund, Employees State Insurance.
11. Deductions to co-operative societies.
12. Life Insurance Corporation.
13. Union subscription

Sec.7(3) :

The total deduction should not exceed 75% if deduction made for any loan from Co-operative Society and 50% for others.

Sec.15 :

Authority : Deputy Commissioner of Labour for claims regarding deduction and delayed wages.
Deductions : Ten times the amount deduced can be imposed as compensation.
Delayed wages : Rs.25/- can be imposed as compensation.

Workers' Fault :

Rs.50/-for Malicious Nexation claims as penalty to be given to the employer by the worker

Appeal :

Before the court of small causes/District court.

Penalty for violations of sections.

5, 7, 8,9, 10, 11 to 13 - Rs. 200/-
4, 5(4), 6, 8(8), 10(2), 25 - Rs. 500/-

Penalty for obstruction :

Rs. 200/- to Rs. 1000/-

1. Serial No.
2. Name
3. Father's or husband's name or workshop, departmental or gang number.

Statement of objects and reasons

ARRANGEMENT OF SECTIONS

SECTIONS

TAMIL NADU AMENDMENTS

TAMIL NADU AMENDMENT

The Payment of wages (Andaman and Nicobar Islands Amendment) Regulation, 1965

PREAMBLE

An Act to provide for the Conferment of Permanent Status to Workmen in the Industrial Establishments in the State of Tamilnadu.

It extends to the whole State of Tamilnadu and came into force on 01.01.1982

APPLICABILITY

Act is applicable to workmen employed in Factories , Plantations , Motor Transport Undertakings , Beedi Industrial Premises , Shops and Establishments , Catering Establishments and such other Establishments notified by Government where more than 20 workmen are employed. Badli Workers are also workmen under this Act.

Act is not applicable to workmen employed in construction of buildings, bridges, roads, canals, etc. Workmen employed in supervisory , those in managerial and administrative capacity are excluded from this Act.

CONFERMATION OF PERMANENT STATUS

A workman who has put in a continuous service for a period of 480 days in a period of 24 calendar months in an industrial establishment shall be made permanent/shall be conferred the permanent status.

The Act provides that period of interruption in service due to sickness, or authorized leave or accident or a legal strikes, lockout, lay off effected under standing orders or under an agreement, earned leave with full wages availed during the period of employment, disablement caused by accident, cessation of work not due to any fault of the workman and in the case of female worker maternity leave not exceeding 12 weeks, should be included in computing the days on which the workman in the establishment.

REGISTER TO BE MAINTAINED :

An employer s required to maintain Form I – Register of workmen and exhibit the list of workman with relevant details (for perusal by workmen) and send the same to the Inspector after the close of half year. Half yearly return is Form No.2 .

FORM - I - REGISTER OF WORKMEN

(See Sub-Rule (1) under Rule 6)

To be maintained by the employer of industrial establishment:

1. Serial N

2. Name and address of the workman

3. Designation of the workman

4. Whether (***) Temporary, Causal , Badli or Apprentice (other than those covered under the Apprentices Act, 1961)

5. Date of first entry into service

6. Date on which he completed 480 days of service

7. Date on which made permanent

8. Remarks

9. Signature of the workmen with date ( to attest the entries )

1 .Why The Act was was enacted?

In the Year 1980 it has been reported to Government that out of 1675, establishments for which standing Orders have been certified, 1631 establishments have not yet have not amended there to provide for payment of subsistence Allowance to employees during the period of their suspension. The Government also has been receiving representation for the incorporation of the previous relating to subsistence allowance in the model. Standing Orders in the cumbersome Process.

Therefore , a separate legislation was bought of payment of his allowance .This act was passed providing the Payment of allowance to employees during the period of suspension pending Enquiry and made it obligatory on management for the payment

2. To whom the Act is applicable?

The Act extends to whole of Tamilnadu. It applies to all employees in every establishment in the state of Tamilnadu

3. What is the meaning for Establishment?

I. Establishment:

Establishment means any place where Industry, trade, business, Undertaking, manufacture, occupation or service is carried on in which to execute the power of the state extends.

B. it does not Include:

i. any office or department of the Central or State Government
ii . Any railway administrator or
iii. any mine or oil field or
iv. any major port
v. any public sector undertaking the Central Government i.e.., any establishment owned or controlled by

1. Central govt. or department of the Central Govt.
2. a government company owned or controlled by any central govt.
3. a corporation established by or under a central Act which is owned controlled or managed by Central Government

II Who is an employee under this act?

1.any person employed in any establishment to do any skilled , semi skilled or unskilled manual , supervisory , technical ,or clerical or any other kind of work or activities for hire or reward.

2.it does not include any person

1. who is employed in managerial or administrative capacity
2. Who is employed in supervisory capacity and draws wages exceeding Rs.3500/- p.m or exercises or functions mainly of a managerial nature of duties or by reason of power vested in him.
3. What is meant by Suspension under this act?

An interim decision of an employer as a result of which an employee is debarred temporarily From attending to his office on the ground that

1. i. an enquiry into grave charges against him is contemplated or is pending
2. ii. a complaint against him of any criminal offence is under investigation or trial or complaint has not been finally disposed off
3. IV. Who is an employer?

Employer means the owner of an establishment and includes any person entrusted with the supervision and control of any employees.

V What are all Included in the Definition of wage under this act?
The term Wages shall have same meaning as defined under Industrial Disputes Act 1947.

1. i. such allowance including dearness allowance
2. ii. Value of any house accommodation or supply of light, water, medicine attendance and any other amenity of any service or any concessional supply of food grains or other articles
3. iii. Any travelling concession
4. iv. Any commission payable on the promotion of sales or business or both

Does not include

1. i. any bonus
2. ii. Any contribution paid or payable to any pension fund or provident fund for the benefit of any workmen under any law in force
3. iii. Any gratuity payable on the termination of his service

4. Subsistence Allowance Quantum:

An employee, who is placed under suspension or during the period of suspension, be entitled to receive payment from the employer as subsistence allowance under:

1. i. an amount equal to 50% of the wages which he was drawing immediately before suspension for the first 90 days from the date of suspension
2. ii. If the period of suspension exceeded 90 days but does not exceeded 180 days, the employee suspend from Work will be entitled for 75% of his wages.
3. iii. If the period of suspension exceeded 180 days he will be entitled to receive full wages.

But if the enquiry or criminal proceedings prolonged beyond the period of 90 days for reasons directly attributable to the employee, the subsistence allowance payable will be limited to 50% of his wages.

5. Saving of rights and privileges:

The Act Shall not affect any right or privileges to which any employee is entitled under any law, any contract customer or usage which are more favorable than the provisions of the act.

6. Time of payment of allowance:

It should be paid by the employer on the date on which the wages would have become payable

7. Subsistence Allowance not payable?

If the employee accepts any other employment during the period of suspension. He shall not be entitled for the payment of subsistence allowance.

8. Adjustments of the subsistence allowance:

The employee shall not be liable to refund or forfeit any part of the allowance

But when he is exonerated of the charge, the allowance paid to him already shall be adjusted against the full wages admissible by the period

9 conditions of payment of allowance

1. the allowance shall be paid in person or by postal money order ,the commission being borne by the employer

2. it shall be paid in full and not liable for any deduction

3. the payment shall be maintained in register in Form I. the signature should be obtained and if sent by money order postal receipt be affixed in the register

10. Recovery of money:

The employee (in form 3) or his authorized representative and in case of death of an employee his legal heir (in form 4) may make an application to the government for recovery of any due from the employer.The time limit is for one year.Any late application also may be entertained if reasons are given for late submission of request.

If the Government is satisfied, after hearing the employer,it will issue a certificate for the amount togethor with such amount of compensation as the Government may think for subject to a maximum of 50% of the subsistance allowence or Rs.250/-whichever is less,to the Collector who will arrange for the recovery as arrears of Land Revenue.

11. Penalities for contravention

Whoever contraenes any provisions of the Act shall be liable for punishment.The Occupier or Manager will be absoved from liability if it is proved that some other person is responsible for contravention.

The punishment is impriisonment for a term which may extend to 3 months or with fine which shall not be less than RS 1,000/-or with both.

Metropolitan Magistrate or a Judicial Magistrate of the first class shall take conginzance and try any offence punishable under thr Act.

12. Delegation and Appeal

The State Government is vested with power of delegation, The Assistant Comissioner of labour, in the office of the Deputy Comissioner of Labour, have been authorised by the Government of Tamilnadu to exercise the powers vested in the Government under Section 4 of the Act in respect of establishment within their local limits for recovery of Subsistance Allowence.

Further,the Deputy Comissioners of Labour have been authorised by the Government to hear and dispose of revision petitions filed against the orders passed by the authority (Assistant Comissioners of Labour) under the Act . Any person aggrieved by the orders of the authority may, within sixty days from the date of receipt of such orders, appeal to the Deputy Comissioner of Labour having jurisdiction over the area in which the establishment is suited.

13. Returns

Every employer shall send half yearly returns in Form No.2, to the Deputy Comissioner of Labour within 15 days from the close of the half year.

The Inspectors of Factories , Inspectors of Plantations and Inspectors of Labour are the Officers authorised to make complaints in the court of law within their local limits assigned to them.

CASE LAWS:

SUBSISTANCE ALLOWANCE

The non-payment of any allowance to a workman during a domestic enquiry being conducted against him for alleged misconduct either as sudsistance alowance or his full wages should be considerd aipsofacto fatal to the enquiry on the principle that a starving workman cannot defend himself proeprly and it amounts to violation of rules of natural justice.

Ghanshamdass Srivatsava V.State of M.P.(1971) 3 SSC 802

An employer has the right to place an employee under suspension, pending enquiry into the Miscount. Such a suspension is not punishment .It is to ensure smooth disposal of the enquiry:1989 (58) FLR 334 (SC) = 1989 (1) CLR 270:(P.L.Shah VS. Union of India).

Employees are placed under suspension to prevent them from tampering with the evidance or where the charges are serious in nature.

The right to suspend an employee, pending enquiry is an inherent right.Such a right may also flow from the contract ot the standing orders of the Establishment or under the Rules and Regulations.Even in their absene , as already stated , the employer has hte inherent right to suspend:

1.1975 (47) FJR 129 (FB) (Mad.) : (Palani Co-op. Society Ltd. VS. L.C.)

In the case the employee is susppended as per the contract etc, he is entitied to subsistence allowance as per the terms of the contract, rules, regulations or as per the provisions of the certified standing orders. In the absence of such a provision, the suspension does nit became illegal but the emplooyee is entitled to full wages during such suspension.

1. 1970 (1) Ssc 362=AI 1970 Sc 1494=1970 (2) LLJ 143 :(V.P. Gindronia Vs. State of M.P.)

Suspension, pending enquiry, is only administrative i character to which Principles of Natural Justice is nit an absolute must : 1988 (57) FLR 27 (All.) : (D.S Sikarwar VS. New India Assurance Co., Ltd.,)

Premliminary enquiry before suspension is not an absolute must:

1. i. 1988 (57) FLR 27 (All) (ibid)
2. ii.1990 (1) LLN 605 (Pat.): (Sarad Nandan Panday Vs. State of Bihar)

The following decision of the Supreme Court, in which it was held that there is a right to management to treat the period of suspension as on duty or on leave, where the employee was reinst after suspension:

i) 1994 (1) LLN 552 (SC)=(Rserve Bank of India Vs. P.N. Pandhal).

A suspension does not lapse automatically, where the first charge sheet resulting in suspension is cancelled and second charge-sheet issued:

1976 (4) SSC 201: (State of Haryana Vs. Baladevraj Guliani)

A suspended employee who is allowed to retire is entitled to the wages for the period of suspension till retirement.Allowing retirement means lifting of suspension :1993 (66) FLR 500(Del)=1993 (1) LLN 856 :(S.P. Jain VS. Punjab National Bank).

Where a workman's services were terminated after placing him under suspension and even though he was acguitted by the Appellate Court of the Charges ,has to be treated as under suspension till further orders are passed by the employer : 19993 (1) LLN 431 (Mad.):(M.Devan Vs. T.N. Civil Suppis Corpn.Ltd..).

The person who is the appointing authority is also the competent person to suspend the employee: 1993 (2) LLN 297 (Bom) : (Ramaih Venkatesan Vs. Union of India).

There is a difference between suspension pending enquiry and suspension by way of punishment :1995(1) LLN (Mad.): (Special Officer .ONGC,Salem Vs. L.C. Coimbatore).

Courts can interface with the question of payment of subsistance allowance but cannot interere with suspension:

1994(68) FLR 970 (SC) :(State of Orrisa vs. B.K.Mohanty)

PREAMBLE

The Payment Of Gratuity Act,1972 is an Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oil fields, plantation, ports, railway companies, shops and or other establishments wherein 10 or more workers were working in the preceding 12 months and for matters connected therewith or incidental thereto.

The Act was enacted by parliament and it is applicable to whole of India.This is a central act The Payment Of Gratuity Act,1972 enacted to introduce scheme for payment of gratuity for certain industrial and commercial establishments as a measure of social security.We may say that it is a gift offered by the employer to the employee for the service rendered by the employee.It creates the right to payment of gratuity,indicates when the right will accrue ,and lays down principles for qualification of the gratuity. It provides for recovery of the amount and contain a special provision that compound interest of 15 percent per annum will be payable for the delayed payment of gratuity.

There are some major changes in the subsequent amendment:

The Act becomes applicable to a shop or establishment, it shall continue to apply even if at any time,after it becomes so applicable the number of employees employed therein fall below ten.

The terms continue service has been clarified by introduction of section 2A of Payment of Gratuity Act,1972.

1. An employee shall be said to be in continuous service of a period if he has ,for that period been in uninterrupted service/including service which may be interrupted on account of sickness accident, leave, absence from duty without leave ,lay off,strike or a lockout or cessation of work not due to any fault of the employee.
2. For commutation of continuous service, for one year,if the employee during the period of 12 calender months proceeding the data of which reference to which calculation is to be made has actually worked under the employer for not less than 190 days,in the case of any employee employed below the ground in a mine or in an establishment whish works for less than 6 days in a week,240 in any other case.
3. where an employee ,employed in a seasonal establishment is not in continuous service within the meaning for any period of one year or 6 months,he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than 75 percent of the number of days on which the establishment was in operation during such period.
4. Controlling authority appointed by the Government under this act has got power to decide a dispute regarding the admissibility of a claim as well as other statutory matters.

Payment Of Gratutity

1. Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:-

1. On his superannuation or
2. On his retirement or resignation or
3. On his death or disablement due to accidents or disease.

Provided that the completion of continuous service of 5 years shall not be necessary where the termination of the employment of any employee of any employee is due to death or disablement.The gratuity shall be paid to his nominees or legal helps in case of death of the employee.

2. For every completed year of service or part thereof in execs of 6 months,the employer shall pay gratuity to an employee at the rate of 15 days wages based on the rate of wages last drawn by the employee concerned .for computation of wages,it has to be treated as 26 days of a month

a.Gratuity for one year = monthly wages divided by 26 days multiplied by 15.

In the case of a piece rated employee,daily wages shall be computed on the total wages received by him for a period of three months immedietly preceding the termination of the employment and for this purpose the wages paid for or any overtime work shall not taken into account.

The definition of wages under this Act means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and condition of his employment and which are paid or payable to him on cash and includes dearness allowances,but does not include any bonus,commission,house-rent allowance,overtime wages and any other allowances.

The Maximum amount of gratuity payable to an employee shall not exceed Rs.3.5 Lakhs

Registers and Notice to be maintained under the Payment of Gratuity Act,1972 and the Tamilnadu Payment of Gratuity Rules,1973.

1. Notice of opening:

The Act shall apply to every factory, mine, oil field, plantation, port and railway company,every shop or establishment in which 10 or more persons are employed or were employed on any day of the preceding 12 months.

In accordance with rule3(1),within 30 days of the rules becoming applicable to an establishment,a notice in form A shall be submitted by the employer to the controlling authority.

The notice of opening in form A shall contain the name and addresses of the establishment and the employer, number of persons employed details regarding maximum number of persons employed on any day during the preceeding year,number of persons covered by the Act,etc.

2. Notice of change:

Rule 3(2) provides that if any change in the name ,address of the employer or nature of the business,a notice in Form -B shall be submitted by the employer to the controlling authority,the form shall be submitted within 30 days of such change.

3. Notice of Closure:

Where an employer intends to close down the business he shall submit a notice in Form-C to the controlling authority atleast 60 days before the intended closure.

The notice of closure should contain the name and address of the establishment/head office,name and address of the employer,number of persons employed and the amount of gratuity involved.

4. Notice by a female employee for excluding her husband:

As per Section 2h(iii),the family of a female employee consists of herself ,her husband, her children,etc.As per the provision to Section 2(h)(iii) a female employee shall by a notice in writing to the controlling authority express her desire to exclude her husband from her family.

As per Rule 5(1) ,the notice for excluding her husband from family has to be in form D

The notice should be sighned by two witnesses,the notice should be sent by the employee in triplicate .The employer will return one copy to the employee after recording its receipt and send another copy to the controlling authority.

5. Notice of withdrawl of Form D:

Rule 5(2) says that an employee may withdraw the notice to in Form D.this cancellation notice shall be made in Form E.The Same procedure followed for Form D should have to be followed for Form E.

6. Nomination:

As per Rule 6(1),each employee who has completed one year of service, shall make within 30 days from the date of completion of one year of service ,a nomination in duplicate in Form F.

The employer shall accept the nomination after the specified time if reasonable grounds are given for the delay.

Rule 6(2) provides that within 30 days form the date of receipt of the nomination, shall verify the service particulars with reference to the records in the establishment and atleast the nomination form as a token of recording the nomination and the other copy shall be recorded.

As per Section 4.the employee can distribute the gratuity amoungst more than one nomination. A nomination can be made only to the family members and if it is made to an outsider, it will be voice per sec.4(3).

The nomination contains four parts .The first part contains the declaration of the employee the nominees are the family members of the employee and a list of nominee, etc. The second contains the details regarding the name of the employee, sex, whether married etc.,post held, date appointment nad permanent address.The third part contains the certificate of the employer. The fourth part contain the acknowledgement to be given by the employer that he has received the duplicate copy of form.

7. Nomination after acquiring a family:

Section 6(4) and Rule 6(3) provides that if any employee does not possess a family at the time of making a nomination and subsequentlyacquires a family .The procedure to followed for filling the fresh nomination in Form G, is exactly like that of Form F.

8. Modification Of Nomination:

As per Rule 6(4) any modification in the nomination and in the case of nominee predeceases employee, the modification for nomination has to be submitted in duplicate in Form H.

The procedure followed for filling the fresh nomination has to be followed for filling modification also.

The contents and format of Form G, are the same as that of the fresh nomination.In addition the above ,the date of filling the original nomination ,the reference number and date on which the original nomination was recorded in the establishment.

9. Application for Gratuity by an Employee:

In accordance with rule 7(1),an employee who is eligible for payment of gratuity or any person authorized in writing to act on behalf of the employee shall apply in form I,to the employer within days from the date from which the gratuity becomes payable.

In case of superannuation or retirement,the employee may apply to the employer before 30 days of such superannuation or retirement.

The form should contain the details like the name and address of the employee,department section last employed, past held ,amount of gratuity claimed. It should also provide whether the gratuity is claimed due to the total disablement .The form should provide for the mode of payment whether by cheque or by cash etc.

10. Application for Gratuity by a nominee:

In accordance with Rule 7(2) a nominee shall apply for gratuity within 30 days from the date of which gratuity becomes due in form J.

As per provision to Rule 7(2) the employer shall accept an application from a nominee in plain paper also. The employer should obtain the additional particulars needed from the nominee.

In Form J,the following particulars should be furnished.

Name of the deceased employee, total years of service, relationship of the nominee proof of death, total wages drawn by the employee, reference number of recorded nomination etc.

11. Application for Gratuity by a Legal heir:

As per the second provision to section 4(1) if no nomination has been made,the gratuity shall be paid to the legal heirs.

As per Rule 7(3) ,the Legal heir shall apply to the employer within one year from the date of which the gratuity become due in Form K.

The Form K should contain the following Details

The name of the employee ,total service ,total wage drawn by him ,name of the legal Heir ,address of the legal heir ,relationship of the applicant with the employee ,total gratuity payable , death of death of the employee with proof and basis of the claim evidence or witness in support thereof

12. Notice of payment of Gratuity:

Rule 8(1) (I) directs that employer, within 15 days from the date of receipt of the gratuity application either from the employee or from the nominee heir and if the claim is admissible should issue a notice of payment in form L to the applicant

A copy of the payment should be furnished to the controlling Authority

13. Notice rejecting the claim of payment of Gratuity:

As per Rule 8(1)(ii) within 15 days of the receipt of an application for the payment of gratuity, and if the claim is not submissible the employer shall send a notice to the applicant in Form M

In form M, the reasons for rejecting the applicant must be given

A copy of notice must be endorsed to the controlling Authority

14. Applicant for Direction of the Controlling Authority:

As per Rule 10(1) and applicant in Form N to the controlling Authority may be filled for the following Reasons

1. (I) if the employer refuses an application for nomination or does not entertain it
2. ii. If the gratuity given by the employer is disputed
3. iii. If the employer fails to take any action in regard to the application for gratuity

The application to the controlling authority must be filled within 90 days from the date of occurrence of the cause of the application

All the relevant documents to be filled along with the application

The application in the Form N should be regarding the Employee Name and Address employers Name and Address. Applicants Name and Address. Employee total service employee Total wages etc and the Nature of the dispute.

15. Application for Recovery of Gratuity to the Controlling Authority:

Selection 8 years provide that the employee has not paid the gratuity due to Employee, Soon after the direction of the controlling Authority and if an application is made to the controlling Authority, the controlling Authority shall issue a certificate to the collector for collecting the amount as arrears as arrears of land revenue.

According to the Rule 19, the application to be made to the controlling authority must be in form T.

The application must contain the details regarding the name and address of the employee of the nominee and it should also specify the State that the employer has failed to disburse the amount of gratuity should also be quoted.

16. Abstract of the Act and rules:

Rule 20 directs an employer to display the Abstract of the Act and Rules in Form U Both in English as well as language Understood by the majority of the workers.

It should display in a conspicuous place.

PREAMBLE

This is the enactment passed by the State of Tmailnadu in 1958.It is intended to provide for National and Festival Holidays to workers in Industrial Establishment.vis.Factories,Shops,Commercial Establishment,Plantations,etc.The government have brought this Act into force with effect from the 1st April,1959.

2. Applicability of the Act:

This Act applies to persons doing skilled,unskilled,supervisory or technical or clerical work and apprentices.The term "industrial establishment"is defined in the Act to mean any establishment,shop or commercial establishment as defined in the Tamilnadu shops and Establishments Act,1947,a factory or any place declared to a factory under the Factories Act and any plantation as defined in Plantation Labour Act.The Government have been empowered to declare any other establishment to be an industrial establishment for the purposes of this Act.it does not apply to any industrial establishment under the control of the Central or State Government,the Local Autority,Reserve Bank of India,a railway administration or a contonment authority or to any mine or oil field. The government have also the power to exempt by notification any establishment or class of establishments or person or class of persons from all or any of the provisios of the Act.Or to include any establishment under the coverage of this Act.The Act has been extended in that manner to Beedi & Cigar establishment and to establishment in cluded in Part-I of the Schedule of Minimum Wages Act.

3. Holidays:

Under Sections 3 of this Act the employer of the Industrial Establishment should allow his employees National Holidays on the Republic Day,the May day,the Independence Day,Mahatma Gandhiji's birthday every year.Apart from these four National Holidays,an Industrial Establishment should allow the employees to have five other holidays each of one whole date for such festival as the Inspector under the Act specified in consultations with employer and the employees.

4. Work on holidays:

Where an employee works on a Festival or National Holidays,he shall,at his option,be entitled to twice the wage or wages for the holiday and substituted holiday with wages on any other day.

5. Deduction from wages:

No deduction from wages of the employees should be made for employees should be made for the National Holidays allowed under the Act.Wages should be paid to employee for a festival holiday if he has completed a period of thirty days' continuous service within a period of ninety days immediately preceding such holiday.Rule 6 of the Rules prescribes the methos of calculation of average wage in the case of an employee who is paid wages by the day or at piece rates.Dividing by 12 the wages for 12 days in a continous perios of 90days immediately before the holiday,the daily average wage could be arrived.

6. Display of notices:

Rule 3 of the Rules requires that every employer should exhibit in the premises a notice,in Form No.II,containing the list of proposed festival holidays.The employer should send a duplicate to the Inspector his proposal for the specification of the festivals in Form No.I together with a copy of the notice exhibited in his premises.This required to be within thirty days from the date on which the Act comes into force and in the case of any new Industrial Establishment,within thirty days from the date of commencement of work

7. Consultation with Emploees:

Sub-rule of Rule 3 perscribes that objections or suggestions to the proposal of the employer should be sent by the employees or by the trade unions representing the employees of the premises of the industrial establishment.The Inspector is empowered to specify after considering the suggestions abd objections,the five festivals for whiich are to be allowed by the Industrial Establishment under Sec.3 of the Act.Acopy of the communication sent by the Inspector should be exhibited in the industrial premises by the employer.

8. Change of holidays:

According to Rule 4 of the Tamilnadu Industrial Establishment(National & Festival Holidays)Rules the employer or a majority of the employees or any trade union representing a substantial number of employees in any industrial establishment may apply for change of festival holidays.The application should be sent to the Inspector.The Rules further prescribed maintenance of registers and records.

An employer cannotcurtail the rights or privileges of his employees with regards to Festival or National Holidays if they are more beneficial under any other law,contract,custom or usage than under this Act.

1.PROPOSAL FOR SPECIFICATION OF THE FESTIVAL:

As per Rules 3(1) every employer shall within 30days from the date on which the Act came into force in case of work in the case of any new industrial estabishment send in duplicate together with a copy of the notice mentioned in sub rule 2 to the Inspector having jurisdiction over the area in which the industrial establishment is situated.The proposal shall be in Form No.1

The Form No.1 should contain the name of the 5 festivals and number of employees.It should also give the name of the trade union which represents the workers and a declaration to the effect that a notice in Form II has been exhibited in the industrial premises.A copy of the notice should be enclosed.

2.NOTICE CALLING FOR OBJECTIONS:

In accordance with Rue3(2) the employer while sending a proposal of holidays would display a notice calling or objections from the workers in the industrial established in Form II.In this notice the employer should specify the peroid within which the objections, or suggestions of the employees shold sent to the Inspector.

CHANGE OF THE FESTIVAL SPECIFIED:

In accordance with the Rule 4(1) the employer or a majority of the employees or any Trade Union representing a substantial number of employees in any industrial establishment,shall apply to the Inspector,for a change in all or any of the festivals at any time.

As per Rule 4(2)the application for the change of festivals should be made in Form IV,in duplicate,to the Inspector.

The procedure to be followed for sending proposal for change of festival is exactly lik e the procedure adopted for proposal of festival under Rule (3).

The Form IV should contain the descrption regarding the festivals pecified and the descrption of proposed change of festivals.It should also contain the total number of workers in the Industrial establishment and the name of the Trade Union if any which clain to represent the employees.

It should also contain a declaration that a notice in Form II has been exhibited in the industrial establishment.A copu of the Form II should also be enclosed.

STATEMENT SHOWING THE HOLIDAYS:

As per Sec 4 every employer shall send to the Inspector a statement showing the holidays allowed in each calendar year.

In accordance with Rule 5(1) the statement showing the holidays mentioned above shall be in Form V.This shall be sent by registered post to the Inspector before the commencement of eavh calendar year in which are to be allowed.

Every employer,while sending such statement of holidays to the Inspector,shall simultaneously exhibit a copy of the same in a conspicious place.

In Form V the following details must be furnished. Name and Address of the employer Name and Address of the Industrial and the description of the national and festival holidays

NOTICE TO THE WORKER IF HE IS REQUIRED TO WORK ON A HOLIDAY

As per Sec.5(2) an emoloyer may require an employee to work on any holiday provided the emploer has served a notice to the effect within 24hours of the holiday in question.

A copy of such notice must be sent to the Insector and the another copy must be displyed in the industrial establishment.

As per Rule 6A the notice requiriing to worker to work on a holiday shall be in Form V-A.

This notice shall be served on the worker,through Form V-A.The worker should not only be informed about the requisition of his services in a holiday ,but he should also be requested to state whether he prefers to be paid for such holidays on which he works,twice the ordinary rate wages or substituted holiday.

REGISTER OF NATIONAL AND FESTIVAL HOLIDAYS

As per Rule 7(1) every employer shall maintain register of National and Festival Holidays in Form VI.

In the register the following details must be recorded.Name of the employee,ticket number,father's name ,dates on ehich national and festival holidays are allowed.

If holidays is allowed,it should be marked as (H) in the register.

If the employee is given double wages the mark should be (W/D). If substituted holiday is given (W/H) should be marked in the Register.

If he is not for wages the marking in the register should be (N/E).

PREAMBLE:

This Act is to provide for the constitution of a fund for promoting the welfare of the labour and for the certain other matters connected therwith.

This extends to the whole of the State of Tamilnadu.It come into force with the effect from 1.1.1973.

Applicability:

Skilled or unskilled manual,supervisory,clerical or technical persons who is employed in an establishment for hire or reward for a period of 30 days in aperiod of 12 months. This does not include:

1. Persons employed in managerial capacity.
2. Or persons employed in supervisory capacity draws wages exceeding Rs. 3500/-p.m. Or functions mainly of a managerial nature.
3. Who is employed as an apprentice or an part time basis.

Establishments covered

1. Factory as defined in Factories Act.
2. Motot Transport undertaking as defined in Motor Transport Workers Act.
3. Plantation as defined in Plantations Act.
4. Catering Establishments.
5. Establishment incliding a society registered or deemed to be registered under Tamilnadu Societes Registration Act,1975 and and a charitable or other Trust which employed on any working day during the preceding 12 months five or more persons.
6. Any other establishment which the Government, may by notification declare to be an establishment.

Wages

All remuneration capable of being expressed interms of money. Does not include:

1. Value of house accommodation, the supply of light ,water, Medical attendance or any other amrnity.
2. Contribution paid by the employer to pension or any scheme of social insurance.
3. Travelling Allowance.
4. Amount paid to the employee to defray special expenses.
5. Any gratuity.

Labour Welfare Fund:

The Government shall constitute a fund called Labour Welfare Fund.

Credit to the Fund:

1. All unpaid accumulations within 15 days from the date on which the Act shall come into force,the employer shall pay all unpaid accumulations and fines to the Secretary,Tamilnadu Labour Welfare Board,subsequently. Quaterly (i.e) March 31st, June 30th, September 30th, December 31st.
2. All fincs including amount realised under standing orders.
3. Deductions for abscence from duty as per Sec.7(2) (b) of Payment of Wages Act.
4. Contributions by employees and employers

Employee RS. 7/- per year

Employer Rs. 14/- per year

5. Grants and advances by the Government

The contributions of the employees and employer must be paid for every year before 31st January of the suceeding year. The emplopyer shall recover from the employees whose names are borne on the registers on 31st December of the year.

Contributions shall be recovered from the employees who were discharged or dismissed or have resigned during the years also .The Employer shall pay the contributions at this expense to the Board submitting From A.The Secretary of the Board shall submit to the State Government of the total amount of contribution.

Utilisation of Fund:

1. The money in the fund shall be utilised to promote the welfare of employees and their dependentd.

2. To defray expenditure on the following
a) Community and Social education centers.
b) Vocational training.
c) Community necessities.
d) Entertainment and other recreations.
e) Convalescent homes for tuberculosis patients.
f) Holiday homes in health resort.
g) Part-time employment for housewives.
h) Pre-schools.
i) Nutritious food to children.
j) Cost of administration of Board.

MAINTENANCE OF REGISTERS BY EMPLOYEES(Rule-29)

Every employer of an establishment shall maintain the following registers:
a) a register of wages in Form 'B'
b) a consolidated register of unpaid accumulations and fines and other deductions in Form 'C'