Tamilnadu is one among the Pioneer States in our country in terms of economic and industrial growth. The rapid rate of industrial development has been achieved in our state by the provision of infrastructure facilities and abundance of well qualified and skilled manpower. The Directorate of Industrial Safety and Health plays a pivotal role in ensuring industrial peace in Tamil Nadu. The pragmatic approach in the enforcement of Factories Act and allied labour laws have culminated in a Safe and Healthy industrial climate that is conducive for many multi-national companies to establish their manufacturing units in our state.
In Tamil Nadu as on 31.03.2021, 46,899 factories have been registered under Factories Act 1948 wherein 23,61,786 workers are employed. The whole structure of industries in Tamilnadu ranges from automobile, chemical, textile, leather, electronics, fire and match works, cement and engineering units.
The Directorate of Industrial Safety and Health is functioning under Labour Welfare and Skill Development Department, Government of Tamil Nadu and enforces the following central and state Acts along with Tamil Nadu state Rules for the benefit of working population mainly in the organized manufacturing sector and Building & Other Construction Sites.A. Central Acts
1.The Factories Act 1934 was existing law at the time Factories Act 1948 came into force.
2.it deals with Health,Safety,Welfare,Working Hours, Leave with wages and Prohibition of ChildLabour,etc.,
An act to consolidate and amend the law regulating labour in factories.
It is a Central Act extends to whole of india,applies to every factory where Manufacturing Process is carried on,with
Worker means a Person employed directly or indirectly through any agency(including a contractor)with or without the knowledge of the principal employer wheather for remuneration or not in any manufacturing process or cleaning of machines or any kind of work incidently to or connected with manufacturing process.
Not to include any members of the Armed Force.
A person who is having ultimate control over the affairs of the factory-partner or anyone of the directors. Manager is a person nominated and appointed by the occupier of the factory.
Previous permission in writing of the Chief Inspector of Factories, Joint chief Inspector of Factories,Deputy Chief Inspector of Factories as the case may be,has to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory.Factories having dangerious & hazardous process the plans have to be approved by Chief Inspectors of Factories,Chennai-5.Licence has to be obtained by the Occupier by remitting appropriate fees.Number of Workers and number of Horse Power are deciding factors.
For effective enforcement of Factories Act Inspectors are appointed by the Government.The Inspectors shall have either one of the following qualifications.
Wastes and effluents due to manufacturing process to be disposed off.
Adequate ventilation-by circulation of fresh air.Temperature-reasonable conditions of comfort and prevent injury to health by preventing heat radiation.
Dust and Fume-impurity/injurious to health-measures to prevent its inhalation.
Operation of internal combustion engine-exhaust is to be conducted into the open air.
350 Cu.ft(9.9 cubic meters) of space per workman for factories build prior to 1948.
500 Cu.ft(14.2 cubic meters) of space per workman for factories build after to 1948.
Notice in each work room specifying the maximum no.of workers who may be employed in the room,should be displayed.
Glazed windows and skylights-to be kept clean.
Sufficient supply of wholesome drinking water,if 250 workmen provision for cool drinking water,4.5 liters per worker per day is the minimum requirement.
Sufficient latrine one seat for every 20 and Urinal one in every 50 adequate lighted and ventilated,mainted in a clean and sanitary conditions at all times.If 250 workmen Glazed tiles to be put upto three feet.To be cleaned with detergent once in a week.
Sufficient-Clean and hygienic condition-no one spit in any other place-Notice to be displayed-Contravention-Punishable not exceeding Rs.5/-.
Safeguard with expanded/sheet to be provided.All transmission should be covered.Specially trained adult male workers for operating,examing,lubricating while the machinery is in motion-shall wear tight fitting clothes-name to be recorded in the register. Machines should be installed 18" away from other machines or wall.
Adequate and suitable facility conveniently accessible to be kept clean.Soap,wire brush and towels has to be given.
Suitable places for keeping clothing not worn duringworking hours and/or the drying of wet clothing,shall be provided by selected industries.
Suitable arrangements for those who are obliged to work in a standing positions so that they can take rest when there is an oppertunity.
more than 250 workmen employed.
provided and maintained by the occupier.Food stuffs shall be supplied at subsidised rates.
More than 500 workers
Weekly hours-48 hrs.
weekly holiday-first day of the week i.e sunday can be asked to work on a weekly holiday provided.
where a factory or workers are exempted form sec.52,a worker is deprived of any of the weekly holidays,he shall be allowed within 3 months,compensatory holiday so lost.
shall not be required/allowed to wrok for more than 9 hrs.
Period of hour-maximum 5 hours.
Interval-atleast 30 minutes.
Period of work shall not be for more than 10 1/2 hours including rest interval.Chief inspector may increase it to 12 hours. Application to that effect should be submitted by the occupier.
A worker works on a shift which extendsbeyond 12 midnight-for purpose of weekly holiday and compensatory holiday,24 hours commencing from the end of the shift.
One relay of the workers engaged in work of the same kind at the same time.
More than 9 hrs a day or more than 48 hrs a week entitles over time wages at twice his ordinary rate of wages.
Alteration of period of work must be intimated to the inspector of factories.One week time is needed for a change.
Register of adult workers form no.12
Make it available at the time of inspection
Daily average wage of the preceeding month
If the number of days is beyond 4,wages shall be paid before his leave begins.
Government may extend the provisions of this act to premises where persons working are not employed by the owner. However,if the manufacturing process is carried on with the aid of family of the owner of the premises.Government shall not extend the provisions. Government has notified certain operations are dangerous operation which exposes any persons employed in it to a serious risk of body injury,poison or disease.Government also framed Chapter IV A with sec 41 A to 41 H for regulating such operation. Details of accidents which cause death or invalidate a worker from attending work for more than 48 hrs are to be sent to the inspector of the factories.
Where a worker contarcts any disease specified in the schedule,notice shall be sent to the chief inspector of factories,chenni-5. Medical practitioner attending on the person shall be send a report to the chief inspector. Occupier shall pay the fee of the medical practitioner. Government has notified direct an enquiry into causes of the accident or disease and take samples of any substances used in the factory. Detailed on site and off-site emergency plans have to be submitted by the management of the Hazardous Industries for approval.Compulsory the occupier should disclose the stock position ,nature,qualities of hazardous substances handeled,etc.
THE BUILDING AND OTHER CONSTRUCTION WORKERS’ (REGULATION OF EMPLOYMENT AND CONDITION OF SERVICE), 1996
An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto.
This act applies
To every establishment in which 10 or more workmen are employed or were employed on any day of the proceeding 12 months as building worker [sec 2 (e) ]
Explanation: For the purpose of this subsection, the building workers employed in different relays in a day either by the employer or the contractor shall be taken into account in computing the number of the building workers employed in the establishment.
Beneficiary: means a building worker registered under section 12.
Building or Other Construction Work: means the construction, alteration, repairs, maintenance, or demolition of, or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation work, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, water courses, tunnels, brides, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate govt, by notification, but does not include any building or other construction work to which the provisions of the Factory Act, 1948 (63 of 1918), or the Mines Act, 1932 (35 of 1952), apply.
Building Worker: means a person who is employed to do any skilled, semi skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, in connection with any building or other construction work but does not includes.
Any person employed mainly in a managerial or administrative capacity ; or
A person being employed in a supervisory capacity but draw wages exceeding Rs. 1600/- per mensem or exercises either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature;
Employer : means the owner and includes:
In relation to a building or other construction work carried on by or under the authority of any department of the Govt., directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department;
In relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment;
In relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor;
The responsibility of the employer:
An employer shall be responsible for providing constant and adequate supervision of any building or other construction worker employed by him and such wages shall be paid on or before such date as may be prescribed.
In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the building worker, employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor [Section 45 ]
Every employer of an establishment shall, under this Act, make an application to the Registering officer in form I for registration of his establishment. If the establishment fails to so register, it is prohibited to employ building worker after the expiry of the period permitted for making the application [Sec 7(1) & (2) ]
Duties and responsibilities of employers :
It shall be the duty of every employer who is undertaking any of the operations or works related to or incidental to building or other construction work to which these rules apply –
To comply with such of the requirements of these rules as are related to him : Provided that the requirements of this clause shall not affect any building worker if and so long as his presence in any place of work is not in the course of performing any work on behalf of his employer and he is not expressly or impliedly authorized or permitted by his employer to do the work, and
To comply with such of the requirements of these rules as are related to him in relation to any work, act or operation performed or about to be performed by him.
(2) It shall be the duty of every employer who erects or alters any scaffold to comply with such of the requirements of the provisions of these rules as relate to the erection or alteration of scaffolds having regard to the purpose or purposes for which the scaffold is designed at the time of erection or alteration, and such employer, who erects, installs, works or uses any plant or equipment in a manner which complies with those provisions.
(3) Where a contractor, who is undertaking any of the operations or works to which these rules apply, appoints any artisan, tradesman or other person to perform any work or services under a contract for services, it shall be the duty of the contractor to comply with such of the requirements of these rules as affect that artisan, tradesman or other person and for this purpose any reference in these rules to an employee shall include a reference to such artisan, tradesman or other person and the contractor shall be deemed to be his employer.
(4) It shall be the duty of every employee to comply with the requirements of such of these rules as are related to the performance of or the refraining from an act by him and co-operate in carrying out these rules.
(5) It shall be the duty of every employer not to permit an employee to do anything not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work as specified by the State Government.
(6) No employee shall do anything, which is not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work as specified by the State Government.
(7) No person related with any building and other construction work shall willfully do any act, which may cause injury to him or to others.
(8) It shall be the duty of every employer not to allow lifting gear, lifting device, transport equipment, vehicles or any other device or equipment to be used by the building workers which does not comply with the provisions given in these rules.
(9) It shall be the duty of the employer to maintain the latrines, urinals, washing facilities and canteen in a clean and hygienic condition. The canteen shall be located in a place away from the latrines and urinals and polluted atmosphere and at the same time be easily accessible to the building workers.
(10) It shall be the duty of the employer to abide by the dates fixed and notified by him for payment of wages for a period in accordance with these rule and no change in such dates and such period shall be effected without notice to the building workers and the inspector. The employer shall ensure timely payment of wages as specified under these rules and at the place and time notified by him. Where the employer is a contractor, he shall ensure that the wages of building workers are paid in the presence of a representative of the employer of establishment or owner of premises from whom he has taken the work on contract and obtain signatures of such representative in token of having witnessed the payment of wages.
(11) It shall be the duty of the employer to ensure that the lifting appliance, lifting gear, earth moving equipment, transport equipment or vehicles used in the building or other construction work undertaken by him conforms to the requirements relating to testing, examination and inspection of such equipment as provided under these rules. It shall be the duty of every person in the service of the Government or any local or other public authority to comply with the requirements relating to him as given in these rules.
Responsibilities of architects, project engineers and designers:
It shall be the duty of the architect, project engineer or designer responsible for the design of any project or part there of or any building or other construction work to ensure that, at the planning stage, due consideration is given to the safety and health aspects of the building workers who are employed in the erection, operation and execution of such projects and structures as the case may be.
Adequate care shall be taken by the architect, project engineer and other professionals, involved in the project, not to include anything in the design which would involve the use of dangerous structure or other processes or materials, hazardous to health or safety of building workers during the course of erection, operation and execution as the case may be.
It shall also be the duty of the professionals, involved in designing the buildings, structures or other construction projects, to take into account the safety aspects associated with the maintenance and upkeep of the structures and buildings where maintenance upkeep may involve special hazards.
Responsibilities of the person in the service of the State Government
It shall be the duty of every person in the service of the Government of any State or a Board to comply with the directions given by the Central Government from time to time to carrying into execution in that State the provisions of the Act and these rules.
Duties and responsibilities of workers.
It shall be the duty of every building worker to comply with the requirements of such of these rules as relate to him, and act and co-operate in carrying out the requirements of these rules and if he discovers any defects in the lifting appliance, lifting gear, lifting device, concerning any transport equipment or other equipment, to report such defects without unreasonable delay to his employer or foreman or other person in authority.
No building worker, shall unless duly authorized or except in case of necessity, remove or interfere with any fencing, gangway, gear, ladder, hatch covering, life saving appliances, lighting or other things whatsoever required by the Act and these rules to be provided. If any of aforesaid things is removed, such thing shall be restored at the end of the period during which its removal was necessary, by the person engaged in that work.
Every building worker, shall use only means of access provided in accordance with these rules and no person shall authorize or order another to use means of access other than such means of access.
It shall be the duty of a building worker to keep the latrines, urinals, washing points, canteen and other facilities provided by the employer for securing his welfare in a clean and hygienic condition.
The Chief inspector of Building and construction may, by order in writing and subject to such conditions and for such period, as may be specified therein, exempt from all or any of the requirements of these rules to-
Any building or other construction work, if the Chief Inspector is satisfied that such building work is confined to such workers, where it is not convenient to take measures as provided in these rules; or
Any appliance, gear, equipment, vehicle or other device, if the Chief Inspector is satisfied that the requirement of such appliance, gear, equipment, vehicle or other device is not necessary for use or equally effective measures are taken in lieu thereof:
Provided that the Chief Inspector shall not grant exemption under this rule unless he is satisfied that such exemption would not adversely affect the safety, health and welfare of building workers.
Hours of work, Welfare & Other conditions of Service, Safety and Health measures:
Every employer governed by this Act is responsible for maintaining such standards of Hours of Work, Welfare & Other conditions of service, Safety and Health measures of building workers as prescribed in detail in the Act [Rule 234 to 247]
F. Registers and Records :
Registers of building workers: Every employer shall maintain in respect of each registered establishment a register of building workers in Form XV [Rule 240]
Service Certificate: On termination of employment for any reason whatsoever the employer shall issue to the workman whose service have been terminated a Service Certificate in Form XXIV [Rule 241(2)(b)]
Muster Roll, Wages Register, Deduction Register and Overtime Register: Every employer shall in respect of each work on which he engages building workers [Rule 241]
Maintain a Muster Roll and Registers of Wages in Forms XVI & XVII respectively provided that a combined Register of Wage- cum- Muster Roll in Form XVIII shall be maintained by the employer where the wage period is a fortnight or less;
Maintain a Register of Deductions for damage or loss, Register of Fines and Registers of Advances in Form XIX, Form XX and Form XXI respectively.
Maintain a Register of Overtime in Form XXII recording therein the numbers of hours of, and wages paid for, overtime work if any.
Every employer shall, where the wage period is one week or more, issue wage book in Form XXIII, to the building worker at least a day prior to the disbursement of wages to them.
Every employer shall obtain the signature or thumb impression of the building worker concerned against the entries relating to him on the Register of Wages or Muster Roll-cum-wages Register, as the case may be, and the entries shall be authenticated by the initials of the employer or his authorized representative
G. Display of the Act & Notices :
Every employer shall display an abstract of the Act and rules in English and Hindi and in the language spoken by the majority of workers in such form as may be approved by the chief labour commissioner (central) [Rule 241 (5)]. The employer shall also display notices showing retes of wages, hours of work, wage period, dates of payment of wages in conspicuous places at the establishment and the work site [Rule 249].
H. Returns :
Every employer shall, at least 30 days before of the commencement or completion of any building or other construction work under his control, submit a return to the Inspector, intimating the actual dates of commencement and completion of such contract work in form IV [Rule 239(1)].
Every employer shall send annual return in form XXV (in duplicate) so as to reach the Registering Officer concerned not latter than 15th February following the end of each calendar year with a copy to the inspector having jurisdiction. [rule 242]
Short title, Extent commencement and Application
Central Advisory Committee
State Advisory committee
Appointment of Registering officers
Registration of Establishments
Revocation of Registration in certain cases
Effect of Non- Registration
Beneficiaries of the Fund
Registration of Building Workers as Beneficiaries
Cessation as a Beneficiary
Register of Beneficiaries
Contribution of Building workers
Effect of Non-Payment of Contribution
Constitution of state Welfare Boards
Secretary and other Officers of Boards
Meetings of Boards
Vacancies Etc, Not to Invalidate proceedings of the Boards
Functions of the Boards
Grants and Loans by the central Government
Building and other construction Workers’ Welfare Fund and Its Application
Accounts and Adults
Fixing Hours for Normal Working Day, Etc.
Wages for Overtime Work
Maintenance of Register and Records
Prohibition of Employment of certain Persons in certain Building or other Construction work
Latrines and Urinals
First – Aid
Safety Committee and Safety Officers
Notice of certain Accidents
Power to Appropriate Government to make rules for the Safety and Health of building workers
Framing of Model rules for safety Measures
Appointment of Director – General, Chief Inspector and Inspectors
Powers of Inspectors
Responsibility of Employers
Responsibility for Payment of Wages and Compensation
Notice of commencement of Building or other Constructive Work
Penalty for contravention of provisions Regarding Safety Measures
Penalty for Failure to give notice of the Commencement of the Building or other Construction work
Penalty for Offences
Penalty for other Offences
Recovery of Penalty
Offences by companies
Cognizance of Offences
Limitations of Prosecutions
Delegation of powers
Application of Act 8 of 1923 to Building Workers
Protection of Action taken in good faith
Power of Central Government to give Directions
Power to remove Difficulties
Power to make rules
Saving of Certain Laws
Repeal and saving
An Act to regulate the employment of contract labour in certain establishments and to provide for the abolition in certain circumstances. This Act has come into force from 10th February 1971 and subsequently Tamilnadu Contract Labour (Regulation .& Abolition) Rules, 1975 has come into effect from 31st December 1975 in the State of Tamilnadu.
This Act is applicable to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour and to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.
This act is not applicable to establishments in which work may be intermittent or casual in nature performed.
A work is not intermittent if it was performed for more than 120 days in the preceding 12 months or if it is of a seasonal character and is performed for more than sixty days in a year.
Any person employed to do the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or, electrical work for hire or reward but does not include
A person hired in connection with the work of an establishment through a contractor with or without the knowledge of the principal employer.
A person who undertakes to produce a given result for the establishment through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor.
Two advisory boards namely:
i.) Central Advisory Board and
ii.) State Advisory Board are formed by the respective Governments, to advice regarding problems salvation in the implementation of this Act.
The Principal employer of every establishment for which this act applies should register themselves with the area Deputy Chief Inspector of Factories in the prescribed manner.
The Appropriate Government after consultation of respective advisory boards by notification in Government Gazette can prohibit the employment of contract labour in any process, operation or other work in any establishment.
The contractor should get a licence from Inspector of Factories of the area in the prescribed manner and should renew it every year also by applying to the same officer with prescribed licence fee and refundable security deposit. The registering officer and the licensing officer are empowered to refuse and reject the respective applications for certrain reasons, however the applicants can make appeal within 30 days of the refusal.
The contractor should provide and maintain :
if these facilities are not provided by the contractor the principal employer should provide these facilities and entitled to recover the expenses from the contractor by his agreement.
Sufficient drinking water, latrines, urinals, washing facilities, first-aid facilities shall also be provided and maintained by the contractor to the contract labour within 30 days of his work started otherwise these should be provided by the principal employer.
Provisions also present for temporary certificate of registration and licence under the rules for urgent and immediate contract labour requirements and also if the period of contract labour work is less than 15 days.
Wage period can be fixed by the contractor. if the wages are not paid by the contractor within the date fixed them it should be paid by the principal employer. Also if short payments (less wages) given by the contractor the balance amount should be paid by the principal employer. However to ensure payment the wages should be paid in presence of the representative of the principal employer and the representative shall also give a prescribed certificate about prompt payment in the wages register itself.
The registers in form XII, XXVI, XXVII, XXVIII and XXIX under this Act from maintenance if similar register are maintained .
Half yearly return in form XXIV shall be submitted by the contractor and annual returns shall be submitted by the principal employer in Form XXV to Inspector of factories.
In tamilnadu Electricity Board certain works are prohibited from by contract labours (1990). Contact Labours are prohibited from doing sweeping and latrine cleaning in Factories In Cement Factories Bag filling and brand naming of gunny bags work. In Chennai Port Contract labours are prohibited from doing sweeping and water cleaning work. Employment of contact work in catering establishments for cleaning is prohibited Employment of contract labour in clerk, typsist, drivers, mason etc in Oil India (Pipe Divison) is prohibited
Contract Labour is prohibited in the FCI godowns and depots of the FCI and not at the places where the FCI goods are stored
Contract Labour is abolished in storage and handling of scrap materials in TELCO
1. This act is enacted for the benefit and welfare of labour, so should be considered with broad, open hearted mind (Supreme Court, 1999).
2. The rights and benefits of contract labour are done elaboratedly in this Act. To get all these benefits principal employer is wholly responsible (Supreme Court-1982).
3. Courts cannot decide in which establishment, in which work, contract labour should be prohibited. But the Appropriate Governments only are empowered to decide it(Supreeme Court- 1985,86,1997,1999). If contrat labor are prohibited by a Government order in any trade, business, work, then the respective principal employer s liable to absorb those contract labours under their direct control(Supreme Court- 1997,1999).
4. If repairing of a ship is done by contract labour then that ship is and establishment (High Court, 1974).
5. The Contract Labour working under a sub-contractor is also covered by this Act(High Court., 1974).
6. If Contract Labour is prohibited by a Government, even the industrial tribunal cannot interfere in it(Highcourt,1971,1990).
7. Contract Labour is prohibited in the FCI Godowns and depots of the FCI and not at all the place where the FCI goods are stored.(Highcour,2002).
8. The Government order prohibiting the Contract Labour need not mention the reasons for prohibition (Highcourt,1995,1996).
9. Contract Labour is abolished in storage and handling of scrap materials in TELCO(2001).
10. By Government order if Contract Labour is Prohibited in any establishment, those workers have full right to claim regular worker level in the principal employer establishment. (Supreme Court 1999).
11. In the absence of any prohibition order by Government the Contract Labour has no right to ask themselves to be considered on par with the regular workers (Supreme Court, 1999).
12. The Contract Labours can get their grievances such as wages, work related problems rectified on par with regular workers under Industrial Disputes Act etc. (Supreme Court 1987).
13. If the contract work is perennial/permanent in nature them the contract worker can be made as a regular worker of management(High Court, 2003).
14. In the absence of registration the contract is to be disregarded(HighCourt, 2003).
15. Contract labour engaged for a specific period and for a particular job cannot be retrenched and hence sec 25-F of ID Act also not attracted(High Court 20002).
16. In the Steel Authority of India case it is decided as the contract labour in prohibited establishment cannot claim automatic right of absorption by the principal employer and it should be decided by the Industrial Adjudicator on the genuineness of contract.(S.C. 2001).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Two nursing breaks should be given to the mother to feed the child everyday,untill the child attains the age of fifteen months.
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.
1. Short title, extent and commencement.
2. Application of Act.
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.
An Act to prohibition the engagement of children in certain employment and to regulate the conditions of work of children in certain other employment.
It extends to the whole of India.
“child” means a person who has not completed his fourteenth year of age;
PART – II
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
OF CONDITIONS OF WORK OF CHILDREN
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.
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.
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.
No child shall be permitted or required to work between 7 p.m. and 8.a.m.
No child shall be required or permitted to work overtime.
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.
Every child employed in an establishment shall be allowed in each week a holiday of one whole day.
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.
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.
PART – A
“ OCCUPATIONS” .- Any occupation connected with-
Transport of passengers, goods or mails by railway;
Cinder picking clearing of an ash pit or building operation in the railway premises;
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;
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;
A port authority within limits of any port.
Work relating to selling of crackers and fireworks in shops with temporary licences.
Abattoirs/ Slaughter houses.
Automobile workshops and garages;
Handling of toxic or inflammable substances or explosives;
Handloom and power loom industry;
Mines (underground and under water) and collieries;
Plastic units and fiberglass workshops.
PART – B
Bidi – making.
Carpet weaving including preparatory and incidental process thereof.
Cement manufacture, including bagging of cement.
Cloth printing, dyeing and weaving including processes preparatory and incidental thereto.
Manufacture of matches, explosives and fireworks.
Mica-cutting and splitting.
Wool – cleaning.
Building and construction industry including processing and polishing of granite stones.
Manufacture of slate pencils (including packing).
Manufacture of products from agate.
Manufacturing process using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and Asbestos.
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).
Printing as defined in section 2 (k) (iv) of the factories Act,1948 (63 of 1948).
Cashew and cashewnut descaling and processing.
Soldering processes in electronic industries.
Automobile repairs and maintenance including processes incidental thereto namely welding lathe work dent beating and painting.
Brick – kilns and roof tiles units.
Cotton ginning and processing and production of hosiery goods.
Fabrication workshops (ferrous and non – ferrous).
Gem cutting and polishing.
Handling of chromite and manganese ores.
Jute textile manufacture and coir making.
Lime kilns and manufacture of lime.
Lock – making.
Manufacturing processes having exposure to lead.
Manufacturing of cement pipes, cement products and other related work.
Manufacturing of glass, glassware including bangles, fluorescent tubes, bulbs and other similar glass products.
Manufacture of dyes and dye stuff.
Manufacturing or handling of pesticides and insecticides.
Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning, and photo engraving, and soldering processes in electronic industry.
Manufacturing or burning coal and coal briquettes.
Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather.
Moulding and processing of fiberglass and plastic.
Oil expelling and refinery.
Potteries and ceramic industry.
Polishing, moulding , cutting, welding and manufacture of brass goods in all forms.
Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting.
Saw mill – all processes.
Skinning, dyeing and processes for Manufacturing of leather and leather products.
Stone breaking and stone crushing.
Tobacco processing including Manufacturing of tobacco, tobacco paste and handling of tobacco in any form.
Tyre making, repairing, re-treading and graphite benefication.
Utensils making, polishing and metal buffing.
‘Zari’ making (all processes.)
Graphite powdering and incidental processing;
Grinding or glazing of metals;
Diamond cutting and polishing;
Extraction of slate from mines;
Rag picking and scavenging.
THE CHILD LABOUR
(PROHIBITION AND REGULATION) ACT,1986
(ACT 61 OF 1986)
ARRANGEMENT OF SECTIONS
PART – I
Short title, extent and commencement.
PART – II
PROHIBITION OF EMPLOYMENT OF
CHILDREN IN CENRTAIN OCCUPATIONS AND PROCESSES
Prohibition of employment of children in certain occupations and processes.
Power to amend the schedule.
Child Labour technical advisory committee.
REGULATION OF CONDITIONS OF WORK OF
Application of part.
Hours and period of work.
Notice to inspector.
Disputes as to age.
Maintenance of register.
Display of notice containing abstracts of sections3and14.
Health and safety.
PART – IV
Modified application of certain laws in relation to penalties.
Procedure relating to offences.
Appointment of inspectors.
Power to make rules.
Rules and notifications to be laid before parliament or state legislature.
Certain other provisions of law not barred.
Power to remove difficulties.
Repeal and savings.
Amendment of Act 11 of 1948.
Amendment of Act 69 of 1951.
Amendment of Act 44 of 1958.
Amendment of Act 27 of 1961.
It extends to the whole of India.
“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;
“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.
OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS AND
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.
Short title, extent and commencement
Act to have overriding effect
Duty of employer to pay equal remuneration to men and women workers for same work or work of a similar nature
No discrimination to be made while recruiting men and womer workers
Power of appropriate government to appoint authorities for hearing and deciding claims and complaints
Duty of employers to maintain registers
Offences by companies
Cognizance and trial of offences
Power to make rules
Power of central government to give directions
Act not to apply in certain special cases
Power to make declaration
Power to remove difficulties
Repeal and saving
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.
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.
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
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.
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.
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.
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 and records by employers are considered necessary for the enforcement of minimum wages fixed under the Act (Sec. 18)
Following penalties for offences are provided under the Act (Sec. 22)
a) Payment of wages less than the minimum rates of wages fixed or due under the Act.
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)
It is obligatory on the part of every employer covered by the Act to:
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.
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.
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.
It extends to the whole of India.
Wage limit : Rs.6,500/-
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
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.
Employer/Pay-master/Manager in Factories/Establishments
Maximum one mont
It may be fortnightly/weekly/daily
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.
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.
The total deduction should not exceed 75% if deduction made for any loan from Co-operative Society and 50% for others.
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.
Rs.50/-for Malicious Nexation claims as penalty to be given to the employer by the worker
Before the court of small causes/District court.
5, 7, 8,9, 10, 11 to 13 - Rs. 200/-
4, 5(4), 6, 8(8), 10(2), 25 - Rs. 500/-
Rs. 200/- to Rs. 1000/-
1. Serial No.
3. Father's or husband's name or workshop, departmental or gang number.
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
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.
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.
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 .
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
9. Signature of the workmen with date ( to attest the entries )
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
The Act extends to whole of Tamilnadu. It applies to all employees in every establishment in the state of Tamilnadu
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.
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.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
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
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.
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:
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.
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.
It should be paid by the employer on the date on which the wages would have become payable
If the employee accepts any other employment during the period of suspension. He shall not be entitled for the payment of 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
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
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.
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.
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.
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.
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:
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.
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:
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:
A suspension does not lapse automatically, where the first charge sheet resulting in suspension is cancelled and second charge-sheet issued:
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)
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. 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:-
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.
subject to a maximum of Rs.3.5 lakhs
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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
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
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
As per Rule 10(1) and applicant in Form N to the controlling Authority may be filled for the following Reasons
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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.
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).
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.
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:
All remuneration capable of being expressed interms of money. Does not include:
The Government shall constitute a fund called Labour Welfare Fund.
Employee RS. 7/- per year
Employer Rs. 14/- per year
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.
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.
i) Nutritious food to children.
j) Cost of administration of Board.
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'
The functions of this Directorate involve multifarious activities contemplating the safety, health and welfare of the workers. This Directorate enforces labour legislations in the registered factories and building and other construction sites and protects the interest of the workers employed therein by effective implementation of safety and Health standards.
The following functions are carried out by the Directorate of Industrial Safety and Health :
The inspection scheme of the Directorate of Industrial Safety and Health has been modified and computerized risk-based inspection scheme in respect of factories has been introduced vide G.O(Ms) No.134, Labour and Employment (M2) Department, dated: 03.08.2017. The factories are categorized as High, Medium and Low Risk Factories on the basis of manufacturing process and number of workers employed therein.
Major Accident hazardous factories irrespective of the number of workers, Factories involving dangerous operations(under section 87 and Rule 95) and hazardous process industries(listed under the schedule of section 2(cb)) employing more than 100 workers are categorised as “High Risk” factories.
Factories involving dangerous operations (under section 87 and Rule 95) and hazardous process industries (listed under the schedule of section 2(cb)) employing upto 100 workers and non-hazardous factories employing more than 250 workers are categorised as “Medium Risk” factories.
Non-hazardous Factories not involved in both dangerous operations (under section 87 and Rule 95) and hazardous processes (listed under the schedule of section 2(cb)) employing less than 250 workers are categorised as “Low Risk” factories.
High risk factories are randomly inspected once in a year, Medium risk factories are randomly inspected once in two years and Low risk factories are randomly inspected once in five years.
Self-Certificationscheme has been proposed for the Medium risk category of factories employing more than 250 workers and Low risk category of factories. Low risk category of factories enrolled under this scheme shall be exempted from physical inspection. The medium risk factories enrolled in the above scheme shall be randomly inspected once in five years.
Special Squads are formed every year comprising of the officials from this directorate along with the officials of the departments of Revenue, Police, Fire and Rescue Services, to control the occurrences of accidents in the fireworks factories especially during festival seasons. These special squads conduct surprise inspections in the fireworks factories during the festival seasons when production of fireworks is in large quantities.
A Mobile Team for Fireworks Factories has been formed at Virudhunagar District on 03.01.2013, headed by the Additional Director of Industrial Safety and Health, to inspect the fireworks factories surprisingly and monitor the safety and health measures of the workers employed in these factories. This mobile team also educates and creates more awareness among the workers and the management by inculcating safe operating procedure in the work place.
Prohibition of Child Labour in Factories, as mandated under Section 67 of Factories Act, 1948 is strictly enforced. Further, to eradicate Child Labour in hazardous industries, Squad inspections are also conducted every month along with officials of the department of Revenue, Police and members of the National Child Labour Project. Cases have been filed against the erring employers for the violation of the provisions of Child Labour Act 1986.
Complaints received from the workers, Trade Unions and public are given top priority and they are enquired immediately and suitable actions are being initiated to settle the grievances.
A Major Accident Hazard Control Cell formed at the Headquarters recommends suitable safety measures to the Major Accident Hazard Factories to prevent Industrial disasters and also monitors the compliance of the suggestions given to such factories.
As per the Factories Act, 29 processes have been listed as hazardous processes. As on 31.03.2021, 153 units have been classified as Major Accident Hazard units in the State.
Mock Drills are conducted periodically in the factories under the supervision of the Officials of the Directorate of Industrial Safety and Health so as to assess the operational efficiency of the onsite emergency plan in the event of real emergency.
A Site Appraisal Committee has been constituted as per Section 41A of the Factories Act 1948 for the purpose of recommending the application to the Government for granting permission for the initial location or expansion of the Factories involving hazardous process. This committee gives advice to the hazardous processes industries to have safe environment and safe work practices from the initial stage itself.
An online web portal has been developed for the Directorate of Industrial Safety and Health which facilitates ‘Ease of Doing Business’ with e-payment facilities and online statutory clearances under various Labourlegislations with digital signature of the concerned officials of this Directorate. The following services of the Directorate are available online through the web portal https://dish.tn.gov.in
Renewal of licenses under various labour legislations have been automated from the renewal year 2021 and the management could download the autogenerated licencewith the online payment of the appropriate licence fees through the web portal.
Tamil Nadu Building and Other Construction Workers (Regulation and Employment and Conditions of Service) Rules have been framed in the year 2006. The BOCW Act and Rules are being enforced by the Officials of the Directorate of Industrial Safety and Health from the year 2010 onwards.
The Officials of the Directorate of Industrial Safety and Health have been notified as Enforcement Officers. They are intensively enforcing the above Act and Rules so as to prevent accidents and to ensure welfare measures for the workers in the construction industry.
Orders have been issued during 2013, for the formation of a separate wing in this directorate exclusively for carrying out enforcement activities and imparting safety awareness training to management, contractors and workers involved in the Building and other construction works in an effective manner.
To create awareness on safety measures to be followed by the construction workers and employers of Construction Industry, the Directorate conducts two Safety Awareness campaigns per month in every division.
A medical wing is functioning in this Directorate with one Chief Medical Officer and eight Medical Officers (Certifying Surgeons). Periodical medical examination of workers engaged in hazardous processes and canteen are conducted and fitness certificates are issued based on the results. Workers are also advised with clinical treatment and other preventive measures to avoid occupational diseases. Adolescent workers are examined and fitness certificates are issued. The Medical Officers accompany the Child Labour Squads for ascertaining the age of the Child Labour.
An Industrial Hygiene unit which functions under the Medical Wing, primarily focuses on the health status of workers in hazardous processes and dangerous operation factories.
The Directorate takes concerted efforts to combat the problems faced by the workers due to high noise pollution prevalent in certain industries. The noise level is monitored with Sound Level Meter and steps are taken to safeguard the workers from exposure to high noise level.
In order to prevent the accidents, intensive safety promotional activities like safety training courses, safety awareness campaigns and safety drills are carried out by the officers of this Directorate.
In this connection, three Safety Propaganda Committees have been constituted by this Directorate at Chennai, Madurai and Coimbatore regions. These committees periodically visit Chemical Factories, Fireworks, Tanneries and Bleaching & Dyeing units to review safety mechanisms and to explain hazards in these industrial units by educating the managements and workers about the safety precautions to be followed to avoid accidents.
Safety training classes are periodically conducted in factory premises in Tamil version at free of cost. The Directorate is also coordinating with the other non – Governmental voluntary organizations like National Safety Council which involved in safety promotional activities for creating safety awareness among the managements and workers including contract workers.
Apart from regular enforcement of Factories Act, 1948 and Allied Acts, operational safety of the pressure vessels installed in the Factories is also ensured by this Directorate. All the pressure vessels operating above atmospheric pressure excluding steam boilers coming under the purview of Indian Boilers Act are examined or tested externally once in every six months, internally once in every year or hydrostatically once in every two years or subjected to ultrasonic test once in every four years.
As per the announcement made by the Honourable Chief Minister of Tamil Nadu, Training Centre was established at Sivakasi in order to create safety awareness to the workers working in Fireworks factories. The Permanent Training Centre at Sivakasi was recently opened by Honourable Chief Minister of Tamil Nadu with state of the art facilities to impart the necessary training to the workers. Due to the concrete efforts taken by this Directorate, significant improvement has been achieved in the rate of reduction of accidents in the fireworks factories.
As per the directions of the Supreme Court of India vide its order dated 31.10.1990, the Tamil Nadu Government has introduced a new Group Personal Accident Insurance Scheme for a sum of Rs. 50,000/- for every employee working in Match and Firework factories in Tamil Nadu. This scheme was made effective from 01.07.1991 onwards. The premium for the insured amount was fixed annually with the consultation of the Insurance companies and Members of Match & Fireworks Management Association. The payment of premium for each and every worker employed is the statutory liability of the employer. This compensation is in addition to the compensation provided under E.S.I Scheme or Employees Compensation Act.
In order to motivate the managements for better safety performance, State Safety Awards are presented to the managements every year based on their performance in reducing accidents in their factories. Under the scheme, every year 90 first prizes are awarded to the managements besides similar number of second and third prizes. From 2011, the value of individual first prize has been enhanced from Rs.2500/- to Rs.5000/- for each shield and the value of the II prize enhanced from Rs.1500/- to Rs.4000/- for each shield.
In order to prevent accidents and to reduce the number of accidents in the Fireworks manufacturing units, Safety Awards are presented to the Fireworks factory managements for showing better safety performance. Under this Scheme, every year 3 first prizes worth Rs.15,000/ each, 3 second Prizes worth Rs.12,000/-each and 3 third prizes worth Rs.10,000/ each are given to the Managements in the form of Silver shields.
To encourage the workers who suggest useful and outstanding improvements in productivity, better working environments and improvement in Safety Standards “Tamilaga Arasin Uyarntha Uzhaipalar Virudhu” are awarded every year. Further, to enhance and motivate participation of more workers, orders have been issued to increase the number of awardees from 24 to 43.