Elaborate the silent provisions of the factories act, 1948.

The Factories Act, 1948 is a comprehensive piece of legislation covering all aspects relating to factories including approval, licensing and registration of factories, the inspecting authorities under the Act, health, safety, welfare, working hours, employment of adults and young children, annual leave and penalties In section !m", a factory has #een defined as any premises including the precincts thereof$ 1% whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is #eing carried on with the aid of power, or is ordinarily so carried on, or % whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is #eing carried on without the aid of power, or is ordinarily so carried on% &nder 'ection 8( of the act, the state government has #een vested with the powers to apply the act to certain premises wherein 1% The num#er of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or % The persons working therein are not employed #y the owner thereof #ut are working with the permission of, or under agreement with, such owner% Accordingly considering the potentiality of danger involved, this administration have notified 41 manufacturing process to #e covered under the Factories Act, 1948 in the year 1989 vide )%*% +s% ,o% -(.89$/a#.) dated 1 th 0une 1989% SALIENT FEATURES OF THE FACTORIES ACT, 1948 (a) Health 'ection 11 to 1 deals with the health of workers in the work place defining the various parameters in maintaining the cleanliness, disposal of effluent, standard of lightening, noise levels, latrines, etc%, (b) Safety 'ection 1 to 41 deals with the safety provisions% Fencing of machineries, restriction of women and children in certain type of process, testing of pressure plants, hoists and lifts, lifting machineries, chains, ropes and lifting tackles #y competent persons, appointment of safety officers etc%, are e2plained% (c) Welfa e 'ection 4 to (1 specifies the necessity for welfare of workers such as washing facilities, first aid appliances, rest room, cr3ches,canteen, appointment of welfare officers, etc%, (!) " #$%&%#' elat%'( t# Ha)a !#*& " #ce&&

Sect%#' 41(A) t# 41(H) !eal& $a %#*& &+ec%al + #$%&%#'& f# fact# %e& ,he e%' ha)a !#*& + #ce&& a e ca %e! #'- 4ere compulsory disclosure of information #y the occupier to the workers as well as to the pu#lic, permissi#le limit of e2posure of chemicals and to2ic su#stance, workers participation in safety management etc, are prescri#ed% (e) W# .%'( H#* & 'ection (1 to 55 handles the restriction of working hours such as weekly hours, weekly holidays, compensatory holidays, night shifts, over time, etc%, (f) E/+l#y/e't #f 0#*'( "e &#'& 'ection 56 to 66 e2plains the working conditions of young persons, regarding the certificate of fitness reduced working hours etc% (() A''*al Lea$e ,%th ,a(e& 'ection 68 to 84 deals with the leave eligi#ility for a worker (h) "e'alty a'! " #ce!* e 'ection 9 to 115A deals with the penalty provisions% For any contravention of the provisions of this act, or of any rules made there under, the occupier and the manager of the factory shall each #e guilty of an offence and punisha#le with imprisonment for a term which may e2tend to 7ears of with fine which may e2tend to 1 lakh rupees or with #oth% L%&t #f I'!*&t %e& %'$#l$%'( ha)a !#*& + #ce&& *'!e Sect%#' 1 (cb) #f the Fact# %e& Act, 1948 1% Ferrous +etallurgical Industries% $ Integrated Iron and 'teel $ Ferro Alloys $ 'pecial 'teels % ,on$ferrous +etallurgical Industries $ 8rimary +etallurgical Industries, namely, si9e, lead, copper, manganese and aluminum -% Foundries !Ferrous and ,on$ferrous" $ :astings and forgings including cleaning or smoothening . roughening #y sand and shot #lasting 4% :oal !including coke" industries $ :oal /ignite, coke, etc% $ Fuel )ases !Including :oal )as, 8roducer )as, ;ater )as" (% 8ower )enerating Industries 5% 8ulp and paper !including paper products" industries 6% Fertili9er Industries% $ ,itrogenous $ 8hosphatic $ +i2ed

8% :ement Industries $ 8ortland :ement ! including slag cement, pu99olona cement and their products" 9% 8etroleum Industries $ *il <efining $ /u#ricating *ils and )reases 11% 8etro$:hemical Industries 11% =rugs and 8harmaceutical Industries, $ ,arcotics, =rugs and 8harmaceuticals 1 % Fermentation Industries !=istilleries and >reweries" 1-% <u##er !'ynthetic Industries" 14% 8aints and 8igment Industries 1(% /eather Tanning Industries 15% ?lectro$plating Industries 16% :hemical Industries $ :oke *ven >y$products and :oal tar distillation products $ Industrial )ases !nitrogen, o2ygen, acetylene, argon, car#on dio2ide, hydrogen, sulphur dio2ide, nitrous o2ide halogenated hydrocar#on, o9one, etc% $ Industrial :ar#on $ Alkalies and Acids $ :hromates and dichromates $ /eads and its compounds $ ?lectrochemicals !metallic sodium, potassium and magnesium, chlorates, per chlorates and pero2ides" $ ?lectro thermal produces !artificial a#rasive, calcium car#ide" $ ,itrogenous :ompounds !cyanides, cyanamides, and other nitrogenous compounds" $ 8hosphorous and its compounds $ 4alogens and 4alogenated compounds !:hlorine, Fluorine, >romine and Iodine" $ ?2plosives !including industrial e2plosives and detonators and fuses" $ 4a9ardous +anufacture and 8rocess 18% Insecticides, Fungicides, 4er#icides and other 8esticides Industries 19% 'ynthetic <esin and 8lastics 1% +an$made Fi#er !:ellulosic and non$cellulosic " industry 1% +anufacture and repair of electrical accumulators % )lass and :eramics -% )rinding or gla9ing of metals 4% +anufacture, handling and processing of as#estos and its products (% ?2traction of oils and fats from vegeta#les and animal sources 5% +anufacture, handling and use of #en9ene and su#stances containing #en9ene 6% +anufacturing process and operations involving car#on disulphide 8% =yes and =yestuff including their intermediates 9% 4ighly flamma#le li@uids and gases%

what are the types of industrial disputes? how are they setteled?

I't #!*ct%#' The Industrial =isputes Act, 1946 is an important social legislation enacted to provide for investigation and settlement of Industrial =isputes and for maintaining industrial harmony% It is an Act enacted to ensure specific Austice to #oth employers and workmen and to advance the progress of the industry #y #ringing a#out 4armony and cordial relationship #etween the parties% The Act also enumerates the contingencies as to when a strike or lock$out can #e lawfully resorted to, when they can #e declared illegal%, conditions for laying$off retrenching, discharging or dismissing a workmanB circumstances under which an Industrial ?sta#lishment can #e closed down and several other matters related to industrial employees and the employers% =efinition 'ection !k" of the Industrial =isputes Act, 1946 defines an Cindustrial disputeC as any dispute or difference #etween employers and employers or #etween employers and workmen, or #etween workmen and workmen, which is connected with the employment or non$employment or the terms and conditions of employment of any person% An Cindustrial disputeC must necessarily #e a dispute in an industry% +ethods of settlement :ollective >argaining% ,egotiation% :onciliation% +ediation% Ar#itration AdAudication%

These are the well$known methods for settlement of industrial disputes% :ollective >argainingD $ The process of negotiating the terms of employment #etween an employer and a group of workers% The terms of employment are likely to include items such as conditions of employment, working conditions and other workplace rules, #ase pay, overtime pay, work hours, shift length, work holidays, sick leave, vacation time, retirement #enefits and health care #enefits% In the &nited 'tates, collective #argaining takes place #etween la#or union leaders and the management of the company that employs that unionEs workers% The result of collective #argaining is called a collective #argaining agreement, and it esta#lishes rules of employment for a set num#er of years% The cost of this employee representation is paid #y union mem#ers in the

form of dues% The collective #argaining process may involve antagonistic la#or strikes or employee lockouts if the two sides are having trou#le reaching an agreement%

http://industrialrelations.naukrihub.com/introduction.html

U'%t $1
Factories act 1948 is meant for the favour of the workers% 'o that they got #etter working conditions more over facilities during working hours or non$working hours also for the social security of them F their families% It consist some maAors points on which itEs #asically focusedD $ 8reliminary Inspecting staff 4ealth 'afety 8rovisions relating to ha9ardous processes ;elfare ;orking hours for adults ?mployment for young persons Annual leave with wages 'pecial provisions 8enalties F provisions 'upplemental

" el%/%'a y2 3 It consists some maAor factors to know are as follows GadultH means a person who has completed his eighteenth year of ageB !#" HadolescentH means a person, who has completed his fifteenth year of age #ut has not completed his eighteenth yearB !##" Hcalendar yearH means the period of twelve months #eginning with the first day of 0anuary in any yearB !c" HchildH means a person who has not completed his fifteenth year of ageB !d" Hyoung personH means a person, who is either a child or an adolescentB !e" HdayH means a period of twenty$four hours #eginning at midnightB !f" HweekH means a period of seven days #eginning at midnight on 'aturday night or such other night as may #e approved in writing for a particular area #y the :hief Inspector of FactoriesB !g" HpowerH means electrical energy, or any other form of energy, which is mechanically transmitted and is not generated, #y human or animal agencyB !h" Hprime$moverH means any engine, motor or other appliance, which generates or otherwise provides powerB Htransmission machineryH means any shift, wheel, drum, pulley, system of pulleys, coupling, clutch, driving #elt or other appliance or device #y which the motion of a prime$mover is transmitted to or received #y any machinery or applianceB !A" HmachineryH includes prime$movers, transmission machinery and all other appliances, where#y power is generated, transformed, transmitted or appliedB I'&+ect%'( Staff2 3 Inspecting staff need to inspect that whether all the facilities are availa#le for the workers or not like !health, Insurance, +achinery etc%" are provided #y the occupier to the employees in well conditions%

>efore starts any unit or factory occupier need a certificate from the government which is generally known as 4f%t'e&& ce t%f%cate #f the fact# y5 without this any factory is illegal% Health2 3 In this section of the act they have to provide a healthy atmosphere to work with for employees F need to provide the mention facilities like !:leanliness, =isposal of wastage F effluents, Ientilation F temperature, dust F fume, artificial humidification, overcrowding, lighting, drinking water, latrines F urinals etc%" Safety2 3 safety consist the

U'%t31 I'!*&t %al 6%&+*te Act 1947

An industrial dispute may #e defined as a conflict or difference of opinion #etween management and workers on the terms of employment% It is a disagreement #etween an employer and employeesE representativeB usually a trade union, over pay and other working conditions and can result in industrial actions% ;hen an industrial dispute occurs, #oth the parties, that is the management and the workmen, try to pressuri9e each other% The management may resort to lockouts while the workers may resort to strikes, picketing or gheraos% As per 'ection !k" of Industrial =isputes Act,1946, an industrial dispute in defined as any dispute or difference #etween employers and employers, or #etween employers and workmen, or #etween workmen and which is connected with the employment or non$employment or the terms of employment or with the conditions of la#or, of any person% This definition includes all the aspects of a dispute% It, not only includes the disagreement #etween employees and employers, #ut also emphasi9es the difference of opinion #etween worker and worker% The disputes generally arise on account of poor wage structure or poor working conditions% This disagreement or difference could #e on any matter concerning the workers individually or collectively% It must #e connected with employment or non$employment or with the conditions of la#or% From the point of view of the employer, an industrial dispute resulting in stoppage of work means a stoppage of production% This results in increase in the average cost of production since fi2ed e2penses continue to #e incurred% It also leads to a fall in sales and the rate of turnover, leading to a fall in profits% The employer may also #e lia#le to compensate his customers with whom he may have contracted for regular supply% Apart from the immediate economic effects, loss of prestige and credit, alienation of the la#or force, and other non$economic, psychological and social conse@uences may also arise% /oss due to destruction of property, personal inAury and physical intimidation or inconvenience also arises% For the employee, an industrial dispute entails loss of income% The regular income #y way of

wages and allowance ceases, and great hardship may #e caused to the worker and his family% ?mployees also suffer from personal inAury if they indulge into strikes n picketingB and the psychological and physical conse@uences of forced idleness% The threat of loss of employment in case of failure to settle the dispute advantageously, or the threat of reprisal action #y employers also e2ists% 8rolonged stoppages of work have also an adverse effect on the national productivity, national income% They cause wastage of national resources% 4atred may #e generated resulting in political unrest and disrupting amica#le social.industrial relations or community attitudes% St %.e2 3 A strike is a very powerful weapon used #y trade unions and other la#or associations to get their demands accepted% It generally involves @uitting of work #y a group of workers for the purpose of #ringing the pressure on their employer so that their demands get accepted% ;hen workers collectively cease to work in a particular industry, they are said to #e on strike% According to Industrial =isputes Act 1946, a strike is Ga cessation of work #y a #ody of persons employed in an industry acting in com#inationB or a concerted refusal of any num#er of persons who are or have #een so employed to continue to work or to accept employmentB or a refusal under a common understanding of any num#er of such persons to continue to work or to Accept employmentJ% This definition throws light on a few aspects of a strike% Firstly, a strike is a referred to as stoppage of work #y a group of workers employed in a particular industry% 'econdly, it also includes the refusal of a num#er of employees to continue work under their employer% In a strike, a group of workers agree to stop working to protest against something they think is unfair where they work% /a#ors withhold their services in order to pressuri9e their employment or government to meet their demands% =emands made #y strikers can range from asking for higher wages or #etter #enefits to seeking changes in the workplace environment% 'trikes sometimes occur so that employers listen more carefully to the workers and address their pro#lems% L#c.#*t2 3 A lockout is a work stoppage in which an employer prevents employees from working% It is declared #y employers to put pressure on their workers% This is different from a strike, in which employees refuse to work% Thus, a lockout is employersE weapon while a strike is raised on part of employees% Acc to Industrial =isputes Act 1946, lock$out means the temporary closing of a place of employment or the suspension of work or the refusal #y an employer to continue to employ any num#er of persons employed #y him% A lockout may happen for several reasons% ;hen only part of a trade union votes to strike, the purpose of a lockout is to put pressure on a union #y reducing the num#er of mem#ers who are a#le to work% For e2ample, if a group of the workers strike so that the work of the rest of the workers #ecomes impossi#le or less productive, the employer may declare a lockout until the workers end the

strike% Another case in which an employer may impose a lockout is to avoid slowdowns or intermittent work$stoppages% *ccupation of factories has #een the traditional method of response to lock$outs #y the workersC movement%

T a!e U'%#'& Act 1918

A trade union is an organi9ation of employees formed on a continuous #asis for the purpose of securing diverse range of #enefits% It is a continuous association of wage earners for the purpose of maintaining and improving the conditions of their working lives% The Trade &nion Act 19 5 defines a trade union as a com#ination, whether temporary or permanent, formed primarily for the purpose of regulating the relations #etween workmen and employers or #etween workmen and workmen, or #etween employers and employers, or for imposing restrictive condition on the conduct of any trade or #usiness, and includes any federation of two or more trade unions% This definition is very e2haustive as it includes associations of #oth the workers and employers and the federations of their associations% 4ere, the relationships that have #een talked a#out are #oth temporary and permanent% This means it applies to temporary workers !or contractual employees" as well% Then this definition, primarily, talks a#out three relationships% They are the relationships #etween theD

workmen and workmen, workmen and employers, and employers and employers%

Thus, a trade union can #e seen as a group of employees in a particular sector, whose aim is to negotiate with employers over pay, Ao# security, working hours, etc, using the collective power of its mem#ers% In general, a union is there to represent the interests of its mem#ers, and may even engage in political activity where legislation affects their mem#ers% Trade unions are voluntary associations formed for the pursuit of protecting the common interests of its mem#ers and also promote welfare% They protect the economic, political and social interests of their mem#ers% Feat* e& #f t a!e *'%#'&D 1% It is an association either of employers or employees or of independent workers% They may consist of D$ o ?mployersE association !eg%, ?mployerEs Federation of India, Indian paper mill association, etc%"
o

)eneral la#or unions

o o

Friendly societies &nions of intellectual la#or !eg, All India Teachers Association"

% It is formed on a continuous #asis% It is a permanent #ody and not a casual or temporary one% They persist throughout the year% -% It is formed to protect and promote all kinds of interests Keconomic, political and social$ of its mem#ers% The dominant interest with which a union is concerned is, however, economic% 4% It achieves its o#Aectives through collective action and group effort% ,egotiations and collective #argaining are the tools for accomplishing o#Aectives% (% Trade unions have shown remarka#le progress since their inceptionB moreover, the character of trade unions has also #een changing% In spite of only focusing on the economic #enefits of workers, the trade unions are also working towards raising the status of la#ors as a part of industry%

F*'ct%#'& #f T a!e U'%#'& Trade unions perform a num#er of functions in order to achieve the o#Aectives% These functions can #e #roadly classified into three categoriesD !i" +ilitant functions, !ii" Fraternal functions 9%l%ta't F*'ct%#'& *ne set of activities performed #y trade unions leads to the #etterment of the position of their mem#ers in relation to their employment% The aim of such activities is to ensure ade@uate wages, secure #etter conditions of work and employment, get #etter treatment from employers, etc% ;hen the unions fail to accomplish these aims #y the method of :ollective #argaining and negotiations, they adopt an approach and put up a fight with the management in the form of go$slow tactics, strike, #oycott, gherao, etc% 4ence, these functions of the trade unions are known as militant or fighting functions% Thus, the militant functions of trade unions can #e summed up asD

To achieve higher wages and #etter working conditions To raise the status of workers as a part of industry To protect la#ors against victimi9ation and inAustice

F ate 'al F*'ct%#'& another set of activities performed #y trade unions aims at rendering help to its mem#ers in times

of need, and improving their efficiency% Trade unions try to foster a spirit of cooperation and promote friendly industrial relations and diffuse education and culture among their mem#ers% They take up welfare measures for improving the morale of workers and generate self confidence among them% They also arrange for legal assistance to its mem#ers, if necessary% >esides, these, they undertake many welfare measures for their mem#ers, e%g%, school for the education of children, li#rary, reading$rooms, in$door and out$door games, and other recreational facilities% 'ome trade unions even undertake pu#lication of some maga9ine or Aournal% These activities, which may #e called fraternal functions, depend on the availa#ility of funds, which the unions raise #y su#scription from mem#ers and donations from outsiders, and also on their competent and enlightened leadership% Thus, the fraternal functions of trade unions can #e summed up asD

To take up welfare measures for improving the morale of workers To generate self confidence among workers To encourage sincerity and discipline among workers To provide opportunities for promotion and growth To protect women workers against discrimination% I/+# ta'ce #f T a!e U'%#'

The e2istence of a strong and recogni9ed trade union is a pre$re@uisite to industrial peace% =ecisions taken through the process of collective #argaining and negotiations #etween employer and unions are more influential% Trade unions play an important role and are helpful in effective communication #etween the workers and the management% They provide the advice and support to ensure that the differences of opinion do not turn into maAor conflicts% The central function of a trade union is to represent people at work% >ut they also have a wider role in protecting their interests% They also play an important educational role, organi9ing courses for their mem#ers on a wide range of matters% 'eeking a healthy and safe working environment is also prominent feature of union activity% Trade unions help in accelerated pace of economic development in many ways as followsD #y helping in the recruitment and selection of workers%

#y inculcating discipline among the workforce #y ena#ling settlement of industrial disputes in a rational manner #y helping social adAustments% ;orkers have to adAust themselves to the new working conditions, the new rules and policies% ;orkers coming from different #ackgrounds may #ecome disorgani9ed, unsatisfied and frustrated% &nions help them in such adAustment%

Trade unions are a part of society and as such, have to take into consideration the national integration as well% 'ome important social responsi#ilities of trade unions includeD

promoting and maintaining national integration #y reducing the num#er of industrial disputes incorporating a sense of corporate social responsi#ility in workers achieving industrial peace

Rea&#'& #f :#%'%'( #f T a!e U'%#'& The important forces that make the employees Aoin a union are as followsD 1- ; eate <a (a%'%'( "#,e The individual employee possesses very little #argaining power as compared to that of his employer% If he is not satisfied with the wage and other conditions of employment, he can leave the Ao#% It is not practica#le to continually resign from one Ao# after another when he is dissatisfied% This imposes a great financial and emotional #urden upon the worker% The #etter course for him is to Aoin a union that can take concerted action against the employer% The threat or actuality of a strike #y a union is a powerful tool that often causes the employer to accept the demands of the workers for #etter conditions of employment% 1- 9%'%/%)e 6%&c %/%'at%#' the decisions regarding pay, work, transfer, promotion, etc% are highly su#Aective in nature% The personal relationships e2isting #etween the supervisor and each of his su#ordinates may influence the management% Thus, there are chances of favoritisms and discriminations% A trade union can compel the management to formulate personnel policies that press for e@uality of treatment to the workers% All the la#or decisions of the management are under close scrutiny of the la#or union% This has the effect of minimi9ing favoritism and discrimination% =- Se'&e #f Sec* %ty The employees may Aoin the unions #ecause of their #elief that it is an effective way to secure ade@uate protection from various types of ha9ards and income insecurity such as accident, inAury, illness, unemployment, etc% The trade union secure retirement #enefits of the workers and compel the management to invest in welfare services for the #enefit of the workers% 4- Se'&e #f "a t%c%+at%#' the employees can participate in management of matters affecting their interests only if they Aoin trade unions% They can influence the decisions that are taken as a result of collective #argaining #etween the union and the management% >- Se'&e #f <el#'(%'('e&& +any employees Aoin a union #ecause their co$workers are the mem#ers of the union% At times, an employee Aoins a union under group pressureB if he does not, he often has a very difficult time at work% *n the other hand, those who are mem#ers of a union feel that they gain respect in the eyes of their fellow workers% They can also discuss their pro#lem withE the trade union leaders% 8- "latf# / f# &elf3e?+ e&&%#'

the desire for self$e2pression is a fundamental human drive for most people% All of us wish to share our feelings, ideas and opinions with others% 'imilarly the workers also want the management to listen to them% A trade union provides such a forum where the feelings, ideas and opinions of the workers could #e discussed% It can also transmit the feelings, ideas, opinions and complaints of the workers to the management% The collective voice of the workers is heard #y the management and give due consideration while taking policy decisions #y the management% 7- <ette /e't #f elat%#'&h%+& another reason for employees Aoining unions is that employees feel that unions can fulfill the important need for ade@uate machinery for proper maintenance of employer$employee relations% &nions help in #etterment of industrial relations among management and workers #y solving the pro#lems peacefully%

U'%t3=
"ay/e't #f Wa(e& Act 19=8 The 8ayment of ;ages Act, 19-5 is a central legislation which has #een enacted to regulate the payment of wages to workers employed in certain specified industries and to ensure a speedy and effective remedy to them against illegal deductions and.or unAustified delay caused in paying wages to them% It applies to the persons employed in a factory, industrial or other esta#lishment or in a railway, whether directly or indirectly, through a su#$contractor% Further, the Act is applica#le to employees drawing wages upto <s% 1511.$ a month% The :entral )overnment is responsi#le for enforcement of the Act in railways, mines, oilfields and air transport services, while the 'tate )overnments are responsi#le for it in factories and other industrial esta#lishments% The #asic provisions of the Act are as followsD$

The person responsi#le for payment of wages shall fi2 the wage period upto which wage payment is to #e made% ,o wage$period shall e2ceed one month% All wages shall #e paid in current legal tender, that is, in current coin or currency notes or #oth% 4owever, the employer may, after o#taining written authorisation of workers, pay wages either #y che@ue or #y crediting the wages in their #ank accounts% All payment of wages shall #e made on a working day% In railways, factories or industrial esta#lishments employing less than 1111 persons, wages must #e paid #efore the e2piry of the seventh day after the last date of the wage period% In all other cases, wages must #e paid #efore the e2piry of the tenth day after the last day of the wage period% 4owever, the wages of a worker whose services have #een terminated shall #e paid on the ne2t day after such termination% Although the wages of an employed person shall #e paid to him without deductions of any kind, the Act allows deductions from the wages of an employee on the account of the followingD$ !i" finesB !ii" a#sence from dutyB !iii" damage to or loss of goods e2pressly entrusted to the employeeB !iv" housing accommodation and amenities provided #y the employerB !v" recovery of advances or adAustment of over$payments of wagesB !vi"

recovery of loans made from any fund constituted for the welfare of la#our in accordance with the rules approved #y the 'tate )overnment, and the interest due in respect thereofB !vii" su#scriptions to and for repayment of advances from any provident fundB!viii" income$ta2B !i2" payments to co$operative societies approved #y the 'tate )overnment or to a scheme of insurance maintained #y the Indian 8ost *fficeB !2" deductions made with the written authorisation of the employee for payment of any premium on his life insurance policy or purchase of securities%

The Act prescri#es following rules for finesD$

Fines shall #e imposed for approved list of acts and omissions% A notice specifying such list shall #e e2hi#ited in the prescri#ed manner on the premises in which the employment is carried on or at the prescri#ed places in case a person is employed in railways% ,o fine shall #e imposed on any employed person until he has #een given an opportunity of showing cause against the fine, or other$wise, than in accordance with such procedure as may #e prescri#ed for the imposition of fines% The total amount of fine which may #e imposed in any one wage period on any employed person shall not e2ceed an amount e@ual to three per cent of the wages paya#le to him in respect of that wage$period% ,o fine shall #e imposed on any employed person who is under the age of fifteen years% ,o fine imposed on any employed person shall #e recovered from him #y installments or after the e2piry of si2ty days from the day on which it was imposed% All fines and all realisations thereof shall #e recorded in a register to #e kept #y the person responsi#le for the payment of wages%

4ence, the main o#Aect of the Act is to eliminate all malpractices #y laying down the time and mode of payment of wages as well as securing that the workers are paid their wages at regular intervals, without any unauthorised deductions% The Act was amended #y the 8ayment of ;ages !Amendment" Act, 11(<s% in order to enlarge its scope and provide for more effective enforcement% The main amended provision is the enhancement of wage ceiling from 1511.$per month to <s% 5(11.$per month for the applica#ility of the Act as well as empowering the )overnment to enhance the ceiling #y notification in future% 9%'%/*/ Wa(e& Act 1948 The +inimum ;ages Act, 1948 was enacted to safeguard the interests of workers, mostly in the unorganised sector #y providing for the fi2ation of minimum wages in certain specified employments% It #inds the employers to pay their workers the minimum wages fi2ed under the Act from time to time%

&nder the Act, #oth the :entral )overnment and the 'tate )overnments are the appropriate )overnments to fi2, revise, review and enforce the payment of minimum wages to workers in respect of Cscheduled employmentsC under their respective Aurisdictions% There are 4( scheduled employments in the :entral sphere and as many as 1(-1 in 'tate sphere% In the :entral sphere, the Act is enforced through the :entral Industrial <elations +achinery !:I<+"% :I<+ is an attached office of the +inistry of /a#our and is also known as the :hief /a#our :ommissioner !:entral" L:/:!:"M *rganisation% The :I<+ is headed #y the :hief /a#our :ommissioner !:entral"% ;hile, the 'tate Industrial <elations +achinery ensures the enforcement of the Act at the 'tate level% The appropriate )overnment is re@uired to appoint an Advisory >oard for advising it, generally in the matter of fi2ing and revising minimum rates of wages% The :entral )overnment appoints a :entral Advisory >oard for the purpose of advising the :entral and 'tate )overnments in the matters of the fi2ation and revision of minimum rates of wages as well as for co$ordinating the work of Advisory >oards% +inimum wage and an allowance linked to the cost of living inde2 and is to #e paid in cash, though payment of wages fully in kind or partly in kind may #e allowed in certain cases% The minimum rate of wages consists of a #asic wage and a special allowance, known as CIaria#le =earness Allowance !I=A"C linked to the :onsumer 8rice Inde2 ,um#er% The allowance is revised twice a year, once in April and then in *cto#er% &nder the +inimum ;ages Act, there are two methods for fi2ation.revision of minimum wages, namelyD$

C#//%ttee /eth#! $ &nder this method, committees and su#$committees are set up #y the appropriate )overnments to hold en@uiries and make recommendations with regard to fi2ation and revision of minimum wages, as the case may #e% N#t%f%cat%#' /eth#! $ &nder this method, )overnment proposals are pu#lished in the *fficial )a9ette for information of the persons likely to #e affected there#y and specify a date not less than two months from the date of the notification on which the proposals will #e taken into consideration%

After considering the advice of the :ommittees.'u#$committees and all the representations received #y the specified date in ,otification method, the appropriate )overnment shall, #y notification in the *fficial )a9ette, fi2.revise the minimum wage in respect of the concerned scheduled employment and it shall come into force on e2piry of three months from the date of its issue% The )overnment may review the minimum rates of wages and revise the minimum rates at intervals not e2ceeding five years% The fi2ation of minimum wages depends on a num#er of factors such as level of income and paying capacity, prices of essential commodities, productivity,local conditions, etc% 'ince these factors vary from 'tate to 'tate, the wages accordingly differ throughout the country% 4ence, in the a#sence of a uniform national minimum wage, the :entral )overnment introduced a Cnational

floor level minimum wageC% Initially, this minimum wage level was fi2ed at <s% -(.$ per day and has #een revised periodically% The last revision #eing <s% 55.$ per day with effect from 1% % 114, on the recommendations of the :entral Advisory >oard% All the 'tates.&Ts )overnments are re@uired to ensure that fi2ation.revision of minimum rates of wages in all the scheduled employments is not #elow this national minimum wage% Also, in order to #ring uniformity in the minimum wages of scheduled employments, the &nion )overnment has re@uested the 'tates to form regional :ommittees% 4ence, five <egional +inimum ;ages Advisory :ommittees have #een formed in the country% These includeD$ Re(%#' Ea&te ' Re(%#' N# th Ea&te ' Re(%#' State&@UT& c#$e e! ;est >engal, *disha, >ihar, 0harkhand and Andaman F ,ico#ar Islands% Arunachal 8radesh, Assam, +anipur, +eghalaya, +i9oram, 'ikkim, ,agaland and Tripura%

S#*the ' Re(%#' Andhra 8radesh, Narnataka, Nerala, Tamil ,adu, 8ondicherry and /akshadwadeep% N# the ' Re(%#' 8unAa#, <aAasthan, 4imachal 8radesh, 0ammu F Nashmir, 4aryana, &ttar 8radesh, &ttarakhand, =elhi and :handigarh% We&te ' Re(%#' +aharashtra, )uAarat, )oa, +adhya 8radesh, :hhattisgarh, =adra F ,agar 4aveli and =aman F =iu%

U'%t34
E/+l#yee& State I'&* a'ce Act 1948 The ?mployeesC 'tate Insurance Act, 1948 !?'I Act" provides for health care and cash #enefit payments in the case of sickness, maternity and employment inAury% The Act applies to all non$ seasonal factories run with power and employing 11 or more persons and to those factories which run without power and employing 1 or more persons% The appropriate )overnment may after notification in the *fficial )a9ette, e2tend the provision of the Act to any other esta#lishment or class of esta#lishments, industrial, commercial, agriculture or otherwise% &nder the Act, cash #enefits are administered #y the :entral )overnment through the ?mployees 'tate Insurance :orporation !?'I:", whereas the 'tate )overnments and &nion Territory Administrations are administering medical care% The ?mployeesC 'tate Insurance :orporation !?'I:" is the premier social security organi9ation in the country% It is the highest policy making and decision taking authority under the ?'I Act and oversees the functioning of the ?'I 'cheme under the Act% The corporation comprises mem#ers representing :entral and 'tate )overnments, employers, employees, 8arliament and the medical profession% &nion +inister of /a#our functions as the :hairman of the :orporation% A 'tanding :ommittee constituted from among the mem#ers of the :orporation acts as the ?2ecutive >ody for the administration of the 'cheme%

The #asic provisions of the Act areD$

?very factory or esta#lishment to which this Act applies shall #e registered within such time and in such manner as may #e specified in the regulations made in this #ehalf% It provided for an integrated need #ased social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disa#lement, and death due to employment inAury resulting in loss of wages or earning capacity% It also provided for si2 social security #enefitsD$

+edical >enefit 'ickness >enefit !'>" +aternity >enefit !+>" =isa#lement >enefit dependentsE >enefit!=>" Funeral ?2penses

The :entral )overnment may, #y notification in the *fficial )a9ette, esta#lish a :orporation to #e known as the C?mployeesC 'tate Insurance :orporationC for the administration of the scheme of ?mployeesC 'tate Insurance in accordance with the provisions of the Act% The :orporation may, in addition to the scheme of #enefits specified in this Act, promote measures for the improvement of the health and welfare of insured persons and for the reha#ilitation and re$employment of insured persons who have #een disa#led or inAured and may incur in respect of such measures e2penditure from the funds of the :orporation within such limits as may #e prescri#ed #y the :entral )overnment% The contri#ution paya#le under this Act in respect of an employee shall comprise contri#ution paya#le #y the employer and contri#ution paya#le #y the employee and shall #e paid to the :orporation% The contri#utions shall #e paid at such rates as may #e prescri#ed #y the :entral )overnment% All contri#utions paid under this act and all other moneys received on #ehalf of the :orporation shall #e paid into a fund called the C?mployeesC 'tate Insurance FundC which shall #e held and administered #y the :orporation for the purposes of this Act% ;hoever, for the purpose of causing any increase in payment or #enefit under this Act, or for the purpose of causing any payment or #enefit to #e made where no payment or #enefit is authorised #y or under this Act, or for the purpose of avoiding any payment to #e made #y himself under this Act or ena#ling any other person to avoid any such

payment, knowingly makes or causes to #e made any false statement or false representation, shall #e punisha#le with imprisonment or with fine or with #oth%

If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was in charge of, and was responsi#le to, the company for the conduct of the #usiness of the company, as well as the company, shall #e deemed to #e guilty of the offence and shall #e lia#le to #e proceeded against and punished accordingly%

W# ./e'A& C#/+e'&at%#' Act 191= The ;orkmenEs :ompensation Act, 19 - provides for payment of compensation to workmen and their dependents in case of inAury and accident !including certain occupational disease" arising out of and in the course of employment and resulting in disa#lement or death% The Act applies to railway servants and persons employed in any such capacity as is specified in 'chedule II of the Act% The schedule II includes persons employed in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other ha9ardous occupations% The amount of compensation to #e paid depends on the nature of the inAury and the average monthly wages and age of workmen% The minimum and ma2imum rates of compensation paya#le for death !in such cases it is paid to the dependents of workmen" and for disa#ility have #een fi2ed and is su#Aect to revision from time to time% A 'ocial 'ecurity =ivision has #een set up under the +inistry of /a#our and ?mployment, which deals with framing of social security policy for the workers and implementation of the various social security schemes% It is also responsi#le for enforcing this Act% The Act is administered #y the 'tate )overnments through :ommissioners for ;orkmenCs :ompensation% The main provisions of the Act areD$

An employer is lia#le to pay compensationD$ !i" if personal inAury is caused to a workman #y accident arising out of and in the course of his employmentB !ii" if a workman employed in any employment contracts any disease, specified in the Act as an occupational disease peculiar to that employment% 4owever, the employer is not lia#le to pay compensation in the following casesD$

If the inAury does not result in the total or partial disa#lement of the workman for a period e2ceeding three days% If the inAury, not resulting in death or permanent total disa#lement, is caused #y an accident which is directly attri#uta#le toD$ !i" the workman having #een at the time of the accident under the influence of drink or drugsB or !ii" the willful diso#edience of the workman to an order e2pressly given, or to a rule e2pressly framed, for the purpose of securing the safety of workmenB or !iii" the willful

removal or disregard #y the workman of any safety guard or other device which has #een provided for the purpose of securing safety of workmen%

The 'tate )overnment may, #y notification in the *fficial )a9ette, appoint any person to #e a :ommissioner for ;orkmenCs :ompensation for such area as may #e specified in the notification% Any :ommissioner may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the matter under in@uiry to assist him in holding the in@uiry% :ompensation shall #e paid as soon as it falls due% In cases where the employer does not accept the lia#ility for compensation to the e2tent claimed, he shall #e #ound to make provisional payment #ased on the e2tent of lia#ility which he accepts, and, such payment shall #e deposited with the :ommissioner or made to the workman, as the case may #e% If any @uestion arises in any proceedings under this Act as to the lia#ility of any person to pay compensation !including any @uestion as to whether a person inAured is or is not a workman" or as to the amount or duration of compensation !including any @uestion as to the nature or e2tent of disa#lement", the @uestion shall, in default of agreement, #e settled #y a :ommissioner% ,o :ivil :ourt shall have Aurisdiction to settle, decide or deal with any @uestion which is #y or under this Act re@uired to #e settled, decided or dealt with #y a :ommissioner or to enforce any lia#ility incurred under this Act% The 'tate )overnment may, #y notification in the *fficial )a9ette, direct that every person employing workmen, or that any specified class of such persons, shall send at such time and in such form and to such authority, as may #e specified in the notification, a correct return specifying the num#er of inAuries in respect of which compensation has #een paid #y the employer during the previous year and the amount of such compensation together with such other particulars as to the compensation as the 'tate )overnment may direct% ;hoever, fails to maintain a notice$#ook which he is re@uired to maintainB or fails to send to the :ommissioner a statement which he is re@uired to sendB or fails to send a report which he is re@uired to sendB or fails to make a return which he is re@uired to make, shall #e punisha#le with fine%

U'%t3>
The 9ate '%ty <e'ef%t Act 1981 The +aternity >enefit Act, 1951 regulates employment of women in certain esta#lishments for a certain period #efore and after child#irth and provides for maternity and other #enefits% 'uch #enefits are aimed to protect the dignity of motherhood #y providing for the full and healthy maintenance of women and her child when she is not working% The Act is applica#le to mines, factories, circus industry, plantations, shops and esta#lishments employing ten or more persons,

e2cept employees covered under the ?mployeesE 'tate Insurance Act, 1948% It can #e e2tended to other esta#lishments #y the 'tate )overnments% The :entral Industrial <elations +achinery !:I<+" in the +inistry of /a#our is responsi#le for enforcing this Act% :I<+ is an attached office of the +inistry and is also known as the :hief /a#our :ommissioner !:entral" L:/:!:"M *rganisation% The :I<+ is headed #y the :hief /a#our :ommissioner !:entral"% The main provisions of the Act areD$

,o employer shall knowingly employ a woman in any esta#lishment during the si2 weeks immediately following the day of her delivery or her miscarriage% Also, no woman shall work in any esta#lishment during the si2 weeks immediately following the day of her delivery or her miscarriage% ?very woman shall #e entitled to, and her employer shall #e lia#le for, the payment of maternity #enefit at the rate of the average daily wage for the period of her actual a#sence immediately preceding and including the day of her delivery and for the si2 weeks immediately following that day% The Caverage daily wageC means the average of the womanCs wages paya#le to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she a#sents herself on account of maternity, or one rupee a day, whichever is higher% ,o woman shall #e entitled to maternity #enefit unless she has actually worked in an esta#lishment of the employer from whom she claims maternity #enefit, for a period of not less than one hundred and si2ty days in the twelve months immediately preceding the date of her e2pected delivery% For the purpose of calculating the days on which a woman has actually worked in the esta#lishment, the days for which she has #een laid off during the period of twelve months immediately preceding the date of her e2pected delivery shall #e taken into account% The ma2imum period for which any woman shall #e entitled to maternity #enefit shall #e twelve weeks, that is to say, si2 weeks up to and including the day of her delivery and si2 weeks immediately following that day% ,o deduction from the normal and usual daily wages of a woman entitled to maternity #enefit shall #e made #y reason only of $ !i" the nature of work assigned to her #y virtue of the provisions of the ActB or !ii" #reaks for nursing the child allowed to her under the provisions of the Act% If a woman works in any esta#lishment after she has #een permitted #y her employer to a#sent herself for any period, during such authorised a#sence, she shall forfeit her claim to the maternity #enefit for such period% If any employer contravenes the provisions of this Act or the rules made thereunder, he. she shall #e punisha#le with imprisonment or with fine or with #othB and where the

contravention is of any provision regarding maternity #enefit or regarding payment of any other amount and such maternity #enefit or amount has not already #een recovered, the court shall, in addition recover such maternity #enefit or amount as if it were a fine and pay the same to the person entitled thereto% httpD..www%ilo%org.dyn.natle2.docs.;?>T?OT.- 15-.5486-.?86I,=11%htm