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Corporate Philosophy
1. Managerial Ethics: : are based integrity and commitment towards achieving organizational goals,
our code of ethics in enshrined in the values of good humanity and governance.
2. Leadership: will encourage and foster leadership with a vision to focus on leveraging opportunities
and meeting challenge.
3. Customer satisfaction: we are committed to benchmark our success with customer satisfaction by
attaining, delivering and maintaining the highest standards of quality and cost effective service and
products.
4. Employee engagement
5. Communication
6. Passion of excellence
7. Concern for environment
8. Entrepreneurship
9. Group synergy
Our Culture:
We believe in TTE and these three words define our commitment to both our internal and external
customer.
T Transparency
T- Trust
E- Entrepreneurship
HR Mission:
Our mission is to support our corporate leadership, department heads and employees in the achieving
their personal and strategic goals. We intend to achieve this by attaining, recruiting, training, developing
and retaining high caliber staff and constantly revitalizing the employees at sutlej group through
benchmark policy and practices.
Sutlej-S.D.Singh/H.R. Doc./2012
Excellence:
Is our standard
Service:
People:
Team work:
Safety:
The objective of safety policy is to promote safety and better working culture & conditions and to make
Safety a way of life in the organization
Manpower Plan:
Heads of division /department are required to conduct a thorough review of the operations,
structure and manpower of their division/departments each year, and furnish recommendations of
manpower plan for the following financial year to the human resource department.
The human resources department is responsible for reviewing the recommendations and compiling a
corporate manpower plan for the financial year. The manpower plan sets out the number of posts by level
and by division/development.
Sutlej-S.D.Singh/H.R. Doc./2012
*
*
*
*
*
Departmental Plan:
Mission
Program Plans
Performance Measures
Financial Summary
Efficiency Plan
CSB
* Strategic Direction
* Central Functions
HRM Plan
Manpower
Planning
*
Succession
Planning
* Turn over
Recruitment
*
Appointment
* Selection
Procedure
Performance
Management
Motivation
* Performance
Appraisal
* Training
* Promotion
* Guidance and
supervision
* Probation
Training &
Development
* Addressing
Poor
Performance
Sutlej-S.D.Singh/H.R. Doc./2012
* Securing
Staff
Commitmen
* Resolving
Disputes
* Addressin
Grievance
*
Development
Staff
Relations
* Welfare
H.R. Aims:
Human resource management a planned approach to managing people effectively for performance. It
aims to establish a more open, flexible and caring management style so that staff will be motivated,
developed and managed in a way that they can and will give of their best to support developments
missions.
Plans should provide answers to there fundamental questions:
What staff will be need, and how are we going to acquire and retain the number and quality of people
required to meet the fore cast needs to the department?
How are we going to ensure that we have a well motivated workforce?
What options will be needed to train, develop and fit people for greater responsibility and
responsiveness to change and the resulting demands for different skills and abilities?
Faith is to believe what we do not see! The reward of faith is to see what we believe
As a general guideline the most desirable traits that all employers love to see their employees
are:
Intelligence..ManagementSavvy
Honesty.Integritya decent human being.
Good fit with corporate culturesome one to feel comfortable with a team player.
Likeability positive attitude.sense of humorgood communication skill.
Dedication..willingness to walk the extra mile to achieve excellence.
Definiteness of purpose..clears goals.
EnthusiasmHigh level of motivation.
ConfidentHealthy..a leader.
********
Every human has four endowments- self awareness, conscience, independent will and creative
imagination. These give us the ultimate human freedom. The power to choose, to respond to change.
Sutlej-S.D.Singh/H.R. Doc./2012
written warning
Disciplinary suspension without pay
Demotion
Dismissal
In compliance with the provision of the performance management system , the supervisor shall provide
appropriate support to review and encourage satisfactory job . performance by employees within the work
unit the supervisor shall intervene fairly and timely to address incidents and cases of Grossly efficient
job performance / unacceptable personal conduct and unsatisfactory job performance.
H.R.
The human resources office can support you in developing best practices to proactively avoid (or at least
minimize) the need to address employee issues and or / concerns with that said there times when
questions and or / concern arise and referencing other resources is helpful.
It is a tool used to address specific job performance concerns and is never used to address behavioral
concerns. Support plans are used on a limited basis and may support a written letter of expectations
L.O.E. In those cases the LOE establishes the expectations (GOALS) and the support plan establish the
(Goals) expectations.
Action is the fundamental key to all success.
***************
Purpose:
Sutlej-S.D.Singh/H.R. Doc./2012
Performance management tools (PMT) as an important mechanism to ensure effective hiring policies and
equal employment opportunity to all qualified individuals .this policy states the general procedures to
ensure that an accurate and up to date PMT is in place prior to recruitment efforts.
7.
8.
9.
10.
11.
12.
13.
All the employees shall display complete loyalty towards the organization.
All the employees shall follow company rules and regulations framed from time to time.
All the employees shall strictly observe the working hours prescribed.
All employees shall follow job instruction given to them by their superiors and achieve their mutually
agreed targets.
All the employees shall be expected to observe strict moral and ethical standards in their work and
personal life.
The employees shall not criticize the company and company policies at any point of time within or out
side. The company if they have any suggestion, they shall be welcomed to route it through proper
channel.
All the employees shall be expected to follow organization hierarchy in accepting orders and giving
instruction for work. Refusal the instructions of the superiors shall be a serious case of misconduct.
All the employees shall work in such a way as to ensure complete personal integrity.
All the employees shall be expected to protect company property and keep the company information
confidential whatever required.
No employee shall accept any part time or full time paid job out side the organization. If they desire to
take up some exceptional assignment out side, it shall be accepted only with the approval of the
appropriate authority.
No employee shall publish or cause to be published an article written by him or her on any matter
relating to the company in any local, national or overseas news paper, journal or any other publication
without the written permission of the management.
Such permission shall not be necessary for publication of articles that has no bearing on the affairs of
the company and which do not directly or indirectly affect the company and for which no remuneration
is given.
No employee shall neither consume nor bring alcohol in side the office premises / workplace nor shall
him or her outer the office premises/workplace in an alcoholic state after consuming any kind of
alcohol.
Harassment:
Harassment is behavior that is offensive to individuals including negative stereotyping , unwelcome
sexual advances (From the same and opposite sex) epithets , sexist, racist or negligence slurs ,
demeaning jokes , gestures written or graphical material that communicate these concepts and any other
conduct that makes the working environment hostile or offensive.
Harassment shall not include occasional compliments or voluntary relationship between individual
employees.
However in case of voluntary, relationship, employees must ensure that the work environment in free from
favoritism and the relationship does not affect work in any way.
******************
Sutlej-S.D.Singh/H.R. Doc./2012
child labour
Forced Labour
Health and safety
Freedom of association and right to collective bargaining
Discrimination
Disciplinary practices
Working hours
Remuneration
Management system
Policy: Top management shall define the companys policy for social accountability and labour condition
to ensure that it.
******************
Develop the winning edge small difference in your performance can lead to large difference in
your results.
Disciplinary Action:
Sutlej-S.D.Singh/H.R. Doc./2012
Unsatisfactory job performance, misconduct, habitual lateness, absenteeism, failure to comply with
companys policy and procedure or any other breaches of employer / employee relationship may result in
disciplinary action.
Disciplinary action against employee should
Be undertaken only in cases where good reason and clear evidence exist.
Be appropriate to the nature of offence.
Be demons ratably fair and consistent with previous action in similar circumstances.
Allow employees the right to be accompanied by a colleague of their own choice.
Allow employees the right to answer charges against them; and
Allow employees the right to appeal against any disciplinary action.
Procedure: Depending upon the circumstances, employees may be subject to the following reprimand
or disciplinary action:-Coaching or counseling : if an employee falls below the normal or acceptable requirements as
specified in the human resources manual , coaching and counseling by his superior should take place as
soon as practicable to prevent the situation from deteriorating to a more serious one or becoming a habit.
Verbal warning: a verbal warning should be given to employee in the first instance of a minor offence.
Written Warning: The written warning should state the following: The nature of the offence with reference to HR Policy.
Any past warning or action taken for similar violations.
The details on disciplinary action being taken.
The expectations or improvements required of the employee.
The future disciplinary action which will be taken against the employee if the offence is repeated
within a specified period of time.
Suspension of employment:
Company may suspend the employment of an employee for a period not exceeding 14 days for
investigation of any serious offence that could lead to summary dismissal.
Dismissal: An employee will be dismissal after verbal and written warnings have been given and if no
improvement is made details of the policy for dismissal are provided in the section of termination.
Compliance:
Identification and assessment of compliance indicators that are confirmed through sample case
reviews.
Assessment of agency policies and practices and their impact on policy compliance.
The path of success is to take massive, determined action
Sutlej-S.D.Singh/H.R. Doc./2012
Employee Relations:
Sutlej-S.D.Singh/H.R. Doc./2012
10
The nurture, promote and integrate social values within our company is the basic principle followed by
Damanganga Garments . We are committed to establish clear understanding of ethical practices
which provides for all business practices, in producing & delivering the goods and services in the clearest
possible way.
Foundation of our policy is based on:
This shall be achieved by developing, implementing, maintaining and continually improving our social
accountability management system based on SA: 8000 requirements.
Date:
Place:
Executive President.
The policy for social accountability is communicated and implemented by all personnel including
Directors, executives, Management, supervisors, staff and associates, whether directly employed,
contracted or otherwise representing the company. It is made available to the public by displaying outside
the main gate.
Code of conduct:
4:1. Compliance with national and local laws.
4:2. Child labour (below 18 years)
4:3. Forced Labour
4:4. Health and safety
Sutlej-S.D.Singh/H.R. Doc./2012
Sutlej-S.D.Singh/H.R. Doc./2012
11
12
TEMPERATURE
40 TO 50 FOOT CANDLES.
WITHIN 85 F.
1. MESH GLOVES
SINGLE FOR PORTABLE CUTTING MACHINE.
TWO FOR BAND KNIFE CUTTING MACHINE
3. MASKS
OVERLOCK MACHINE OPERATORS.
LAUNDRY / CHEMICAL STORES.
STAIN REMOVING OPERATORS.
4. RUBBER GLOVES
LAUNDRY WORKERS.
STAIN REMOVING OPERATORS.
5. BOOTS
LAUNDRY WORKERS.
6. EAR PLUGS
REQUIRED IN ALL WORK AREAS WHERE NOISE LEVEL IS OVER 85 db.
Sutlej-S.D.Singh/H.R. Doc./2012
13
RECORD OF MINOR INJURIES - MUST BE MAINTAINED WITH EACH FIRST AID KIT.
FIRE FIGHTING EQUIPMENT - 1 EXTINGUISHER PER 1000 Sq. ft. APART FROM REQUIREMENT AS PER LAW.
FIRE EXTINGUISHERS SHOULD NOT BE INSTALLED AT A HEIGHT OF NOT MORE THAN 5..5 FEET FROM THE TOP OF THE
EXTINGUISHER TO THE FLOOR.
AREA BELOW THE EXTINGUISHER SHOULD BE MARKED WITH A YELLOW BOX TO INDICATE THAT THE AREA NEEDS TO BE
KEPT CLEAR AT ALL TIMES.
EVACUATION ROUTES.
MUST BE PROMINENTLY MARKED ON THE FLOOR / WALLS TO INDICATE ROUTE FROM WORK STATION TO NEAREST EXIT. THE
ROUTES SHOULD BE ILLUMINATED WITH BATTERY BACK UP LIGHT.
EVACUATION PLANS
MUST BE POSTED IN ALL WORK AREAS IN THE LOCAL LANGUAGE AND SHOULD TALLY WITH THE FLOOR LAYOUT. THE PLAN
SHOULD BE DETAILED WITH LOCATIONS OF FIRST AID KITS / FIRE EXTINGUISHERS / EVACUATION ROUTES / WORK AREAS /
EXITS.
SAFETY DEVICES
NEEDLE GUARDS MUST BE INSTALLED ON ALL SEWING MACHINES.
PULLEY / BELT / UNDER MOTOR PULLEY GUARDS MUST BE INSTALLED ON ALL SEWING MACHINES.
FINGER SAFETY GUARD MUST BE INSTALLED ON BUTTONING MACHINES.
FENCE / GUARD MUSTBE INSTALLED IN FRONT OF ELECTRIC PANELS & STEAM BOILERS (IF INSTALLED IN WORK AREAS).
LAUNDRY
EYE WASH STATION SHOULD BE INSTALLED.
MATERIAL SAFETY DATA SHEET SHOULD BE AVAILABLE.
STORAGE
WASTE FABRIC / EMPTY CONTAINERS/ SCRAP ETC SHOULD NOT BE STORED AGAINST THE FACTORY BUILDING.
EXCESSIVE ACCUMALATION OF WASTE / SCRAP SHOULD BE AVOIDED.
CHEMICAL STORAGE - THE FOLLOWING MUST BE INSTALLED
FIRE EXTINGUISHERS
NO SMOKING SIGN
EXHAUST FAN.
MATERIAL SAFETY DATA SHEET MUST BE POSTED IN THE LOCAL LANGUAGE.
THE FLOORS SHOULD BE FREE OF ANT CHEMICAL SPILLAGE.
CONTAINERS SHOULD HAVE CAPS SECURED IN PLACE.
THE STORAGE AREA MUST BE KEPT LOCKED TO ENSURE WORKERS DO NOT HAVE A FREE ACCESS TO THE CHEMICALS.
Sutlej-S.D.Singh/H.R. Doc./2012
14
FABRIC STORAGE
FABRIC MUST BE STORED ON PALLETS.
FABRIC SHOULD BE IN A PROPER MANNER WITH WELL DEFINED PASSAGES IN BETWEEN ROWS.
FABRIC SHOULD NOT BE STORED CLOSE TO ELECTRIC WIRES / SWITCHES.
FUEL STORAGE FOR GENERATORS.
SHOULD BE STORED UNDER A SHED AND NOT IN THE OPEN.
REQUIRED FIRE EXTINGUISHERS SHOULD BE INSTALLED NEAR THE STORAGE AREA.
EXITS
THERE SHOULD BE A MINIMUM OF TWO EXITS PER FLOOR.
ALL EXITS SHOULD BE PROPERLY MARKED AND LIT.
EMERGENCY LIGHTS WITH BATTERY BACK UP SHOULD BE INSTALLED ABOVE ALL EXITS / STAIRCASES.
AREA UNDER EXITS SHOULD BE MARKED WITH A YELLOW BOX TO INDICATE THAT THESE AREAS NEED TO BE KEPT CLEAR
AT ALL TIMES.
APPROACH TO EXITS MUST BE MAINTAINED CLEAR AT ALL TIMES.
EXIT DOORS MUST OPEN OUTWARDS.
AISLES
HORIZONTAL AISLES MUST AT LEAST 48 INCHES WIDE MARKED BY PARALLEL YELLOW LINES.
VERTICAL AISLES MUST BE ATLEAST 36 INCHES WIDE MARKED BY PARALLEL YELLOW LINES.
ALL AISLES MUST BE MAINTAINED CLEAR AT ALL TIMES.
ERGONOMICS
WORKERS WITH STANDING JOBS SHOULD BE PROVIDED WITH RUBBER MATS OR FACTORY SHOULD ENSURE THAT WORKERS
USE SOFT RUBBER SOLED FOOTWEAR.
WORKERS SHOULD BE EDUCATED ON HEALTHY ERGONOMIC PRACTICES.
ELECTRICALS / MACHINERY
ALL ELECTRICAL WIRINGS SHOULD BE SAFE.
THERE SHOULD BE NO EXPOSED WIRES / OPEN OR BROKEN SWITCHES / SOCKETS.
ALL ELECTRICALS / STEAM PIPES SHOULD BE FREE OF ANY LINT BUILD UP.
FACTORY SHOULD MAINTAIN A PROPER RECORD OF ELECTRICAL / MACHINERY MAINTENANCE.
AREAS IN FRONT OF PANEL BOARDS SHOULD BE MARKED WITH A YELLOW BOX TO INDICATE THAT THE AREA SHOULD BE
KEPT CLEAR AT ALL TIMES.
TOILETS
TOILETS SHOULD BE CALCULATED AS FOLLOWS:
1
TO 15 = 1 TOILET
16 TO 35 = 2 TOILETS
17 TO 55 = 3 TOILETS
56
TO 80 = 4 TOILETS
81 TO 110 = 5 TOILETS
111 TO 150 = 6 TOILETS
OVER 150 = 1 ADDITIONAL FOR EVERY 40 EMPLOYEES.
OUT OF THE TOTAL REQUIREMENT FOR MALE EMPLOYEES, 33% CAN BE SUBSTITUTED BY URINALS.
TOWELS / SOAP SHOULD BE PROVIDED IN ALL TOILETS.
BIN WITH LID SHOULD BE PROVIDED IN INDIVIDUAL LADIES STALLS.
TOILETS SHOULD HAVE RUNNING WATER.
HANDWASHES
1 HANDWASH FOR EVERY 50 WORKERS.
DOCUMENTATION
Sutlej-S.D.Singh/H.R. Doc./2012
15
HR Values:
Human resources is an integral component to realizing company goals in doing so this company values
the following:a) Integrity: openness and honesty in all interactions.
b) Innovation: Support failures with learning and success with recognition.
c) Respect: Keep others informed, value diversity and listen with empathy.
d) Trust: Confidentiality, accept feed back after assistance.
e) Accountability: take ownership of organizational decisions and accept responsibility.
Policy:
a) To improve recruitment and retention strategies: To ensure organization has the
knowledge, skills and abilities to accomplish current and future business plan goals and
sustain quality services and progress.
b) To improve leadership and learning opportunities to adopt and transform the organization to
meet the changing needs.
c) To improve work place wellbeing: Recognizing that the delivery of sustainable quality
services is largely dependent on a healthy skilled workforce, employee wellbeing will be a
major priority.
d) To improve employees: commitment to organization improving public confidence must
involve improving the confidence of employees.
e) To improve. Alignment of HR planning to business planning.
To ensure the organization is committed to planning for its human resources of the future, sustainability
of quality services will be addressed through proactive. Human resources, planning, linked to
business planning in the company.
Human resources strategy:
Purpose: The ability of an organization to achieve its vision and goals is based upon its ability to develop
and successfully implement a human resources plan. The purpose of this policy is to provide guidance to
departments on the development and implementation of departmental human resources plans.
The major value in life is not what you get. The major value in life is what you become.
Sutlej-S.D.Singh/H.R. Doc./2012
16
human resources of an organization; managerial philosophies of companies are embedded in the society.
McGregor (1960) has labeled the managerial philosophies as theory X and theory Y.
The following key issues emerged from the study:
Organizations will have to design managerial philosophy which is sensitive to human existence.
The managerial philosophy in the organization has an impact on the organizations of the future.
HR Concepts that get packaged along with modern managerial philosophy are likely to revolutionize
the work place.
The bottom line is that people want to be cared for and respected.
On their part organizations want commitment and integrity. A successful combination of committed people
and a behavolent organization could well be the way for organizations in this competitive environment in
India.
Rates of HRA
5 to 50 Lakhs
We are committed to continual improvement and excellence in all our HR interventions through: Strengthening a learning culture by effective training and development, total employee involvement,
achieving high performance standards through performance management system and adherence to
ethical values.
Providing avenues for growth and development by aptitude and need based cross functional mobility
of employees to harness their full potential ensuring growth of each employee in the organization
through a carefully worked out career advancement scheme implementing redevelopment strategy
for manpower optimization.
Developing and nurturing an organizational climate which encourages creativity and innovation.
Inducing appropriate quality of manpower and retaining them.
Making proactive efforts to maintain cordial industrial relation and discipline through a system of
periodic interaction with employee collectives.
Laying down of all employee related policies properly and following these transparently.
Abiding by all statuary obligations in letter and spirit.
Every minute you spend in planning saves 10 minutes in execution: this gives you a 100 percent
return on energy.
Human Resource Management:
HR is the singular most powerful factor affecting any organization. It involves three phases termed as
welfare, development and empowerment human resources management (HRM) is a process of bringing
people and organizations together so that the goals of each are met. The art and science of HRM is
indeed complex. We have chosen the term art and science as HRM is both the art of managing people
Sutlej-S.D.Singh/H.R. Doc./2012
17
by recourse to creative and innovative approaches: it is science as well because of the precision and
rigorous application of theory that is required.
The various features of HRM include:a) It is pervasive in nature as it is present in all enterprise.
b) Its focus on results rather than on rules.
c) It tries to help employees to develop their potential fully.
d) It encourages employees to give their best to the organization.
e) It is all about people at work, both as individual and groups.
f) It tries to put people on assigned jobs in order to produce good results.
g) It helps an organization to meets its goals in the future by providing for competent and well motivated
employees.
h) It tries to build and maintain cordial relations between people working at various levels in the
organization.
i) It is multidisciplinary activity, utilizing knowledge and inputs drawn from psychology, economics etc.
Principle of HR management: 1. Comprehensiveness: the proper management of all aspects of the people bearing in mind that the
human resources are the most valuable resource the firm has. This means that the financial, health,
transportation, tools and anything employees need to work are well taken care of.
2. Cost effectiveness: - The Company ensures that they remunerate their employees appropriately. The
employees reward system should be able to sustain the organization.
3. Control:- Firms should be able to take charge of their employees and ensure that productivity and
quality is achieved and maintained.
4. Coherence:- All the steps taken by the HR team is in line with the mission and vision of the company .
Human resources managers should direct their focus on what the company needs and employee
abilities.
5. Communication:- Communication is very important in every organization as it ensures there is flow of
information that is necessary for efficiency.
6. Creativity:- Creativity is a key to be efficient inhuman resources management. HR manager should
adopt new ways of human resources management as long as it fits the goals and objectives of HR.
7. Competence:- It is the responsibility of HR managers to ensure that their employees are skilled to do
their duties.
8. Credibility:- The organization must ensure that they remain the best brand to most of their clients by
maintaining their credibility they should put in place strategies that ensure all employees have a clear
sense of direction to a common goal.
9. Change is evitable for business:- The fastest business to embrace change in management of their
human resources is better placed to produce better results.
10. Commitment:- Every organization has objectives which they intend to meet both for themselves and
for their clients. To meet these goals , firms need committed staff therefore it is the firms responsibility
to keep their employees motivated so as to ensure they are committed to the organizations course.
Focused mind power is one of the strongest forces on earth .
Values:
Being accountable:- To communicate ,consult and provide information.
Living within our means:
Sutlej-S.D.Singh/H.R. Doc./2012
Values:
HRM:
Trust
Care
Team work
Encouragement
Development
Openness
Commitment
Effectiveness
Foresight
Courtesy
Propriety
Expertise
Partnership
Integrity
Efficiency
Leadership
Responsiveness
Manpower Planning
Recruitment
Performance Management
Training and development
Staff relations
Management information system
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18
19
Manpower planning: Enables a department to project its short to long term needs on the basis of its
departmental plans so that it can adjust its manpower requirements to meet changing priority the more
changing the environment the department is in , the more the department needs manpower planning to
show:
The number recruits required in a specified time frame and the availability to talent.
Early indications of potential recruitment or retention difficulties.
Surpluses or deficiencies in certain ranks or grade.
Availability of suitable qualified and experienced successors.
Succession planning
Turn over
Succession planning: assesses the likely turnover in key posts, identifies suitable candidates to fill
these posts in future, and ensures that they have the right training, and exposure for their future work.
Succession planning is a very important exercise because it minimizes the impact of turnover in these key
ranks and gives a branch or department early warning of any skill shortages or difficulties in finding
suitable candidates. Ideally a succession plan should cover 3 to 5 years. The succession plan should
identify.
Turnover:
Turnover refers to retirement, resignation and redundancy. While a department can not plan turnover
because there are factors ,such as resignation, which are beyond its control ,it can monitor turnover
carefully to ensure the department will have minimal difficulties in retaining staff when addressing the
aspects of succession and turnover, the department also needs to consider other manpower planning
factors:
External factors
Internal factors
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20
Use procedures which are clearly understand by candidates and which are open to public scrutiny.
Be fair giving candidates who meet the stipulated minimum requirements equal opportunity for
selection.
Select candidates on the basis of merit and ability.
Key Components:
Sr.
No.
Document No.
1.
QSM 0.1
2.
QSM 0.2
No. of
Pages
Revision No with
Effective Date
Company Profile
Rev No 00
Eff. Date -01/10/2009
Abbreviation
Rev No 00
Eff. Date -01/10/2009
Name of Document
Rev No 00
Sutlej-S.D.Singh/H.R. Doc./2012
21
3.
QSM 0.3
Vocabulary
4.
QSM 0.4
Certificate
Rev No 00
Eff. Date -01/10/2009
5.
QSM - 1.1
Scope
Rev No 00
Eff. Date -01/10/2009
6.
QSM 4.1
Rev No 00
Eff. Date -01/10/2009
7.
QSM 4.2
Control of Documents
Rev No 00
Eff. Date -01/10/2009
8.
QSM 4.3
Control of Records
Rev No 00
Eff. Date -01/10/2009
9.
QSM 5.1
Rev No 00
Eff. Date -01/10/2009
10.
QSM 5.2
Rev No 00
Eff. Date -01/10/2009
11.
QSM 5.3
12
Rev No 00
Eff. Date -01/10/2009
Rev No 00
Eff. Date -01/10/2009
12.
QSM 5.4
Management Review
13.
QSM 6.1
Human Resources
(Competence Awareness & Training )
Rev No 00
Eff. Date -01/10/2009
14.
QSM 6.2
Rev No 00
Eff. Date -01/10/2009
16.
QSM 7.1
Rev No 00
Eff. Date -01/10/2009
Sr.
No.
Document No.
No. of
Pages
Revision No with
Effective Date
Rev No 00
Eff. Date -01/10/2009
17.
QSM 7.2
Name of Document
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22
19.
QSM 7.4
Purchasing
Rev No 00
Eff. Date -01/10/2009
20.
QSM 7.5
Control of Production
Rev No 00
Eff. Date -01/10/2009009
21.
QSM 7.6
Rev No 00
Eff. Date -01/10/2009
22.
QSM 7.7
Customer Property
Rev No 00
Eff. Date -01/10/2009
23.
QSM 7.8
Preservation of Product(Stores)
Rev No 00
Eff. Date -01/10/2009
24.
QSM 7.9
Rev No 00
Eff. Date -01/10/2009
25.
QSM 8.1
Internal Audit
Rev No 00
Eff. Date -01/10/2009
Rev No 00
Eff. Date -01/10/2009
Rev No 01
Eff. Date -01/07/2009
26.
QSM 8.2
27.
QSM 8.2.1
28.
QSM 8.3
Rev No 00
Eff. Date -01/10/2009
29.
QSM 8.4
Rev No 00
Eff. Date -01/10/2009
30.
QSM 8.5
Analysis of Data
Rev No 00
Eff. Date -01/10/2009
31.
QSM 8.6
Continual Improvement
Rev No 00
Eff. Date -01/10/2009
32.
QSM 8.7
Corrective Action
Rev No 00
Eff. Date -01/10/2009
33.
QSM 8.8
Preventive Action
Rev No 00
Eff. Date -01/07/2009
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23
I.SO. 9001:2008
Look for the good in every person and every situation, you will almost always find it.
1. Provision of Resources.
General
1.1
To implement and maintain quality management system and continually
improve its
effectiveness to enhance customer satisfaction, necessary resources needed is
determined and provided.
1.2
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Human resources
2.1
are
2.2.1
Competence needs for personnel performing activities affecting product
quality are
determined.
2.2.2 Suitable training is imparted as deemed necessary, to satisfy competence
need so determined.
2.2.3 Effectiveness of action taken is evaluated and if so required, the person is re
trained.
2.2.4 The employees are made aware of the relevance and importance of their
activities.
2.2.5 Employees are also made aware of their contribution in achieving the quality
objectives.
2.2.6 Appropriate record of education, experience, training and skills is maintained.
2.2.7 A standard Operating Procedure is documented for the same.(SOP 6.1)
QUALITY MANAGEMENT SYSTEM POLICY)
It is the policy of Sutlej Textile and Industries Limited, Bhilad, to
supply quality fabrics and ready made garments at competitive price
that
meets
customers
expectations
and
desired
customers
satisfaction.
To fulfill this Quality Policy
The production facilities are updated on a regular basis to meet everincreasing quality requirements of the customers. The internal R&D
Sutlej-S.D.Singh/H.R. Doc./2012
25
Place: Mumbai
Date: 01.10.09
K.C. Agarwal
Executive president
1. For easy understanding Quality Policy is translated in local language and displayed
at all strategic locations.
2. Every employee of the organization is trained on quality policy
ORGANISATIONAL OBJECTIVES
1. To sustain a business growth of at least 20% per annum both in terms of value
and quantity.
2
Sutlej-S.D.Singh/H.R. Doc./2012
26
2. A grade fabric should be more than 90 % of the total production. ( Daily grey
checking report and daily grey checking summery )
3. Knotting and gaiting time not to exceed more than 1.5 Hrs and 2. 5 hrs
respectively.
4. Hard waste not to exceed 2.8 % of the total production.
PROCESSING
1. Re-process not to exceed more than 7% of the total production. ( Stenter5% , Mechanical 2%)
2 Machine utilization should not be less than 92%
3 Fabric damage due to processing not to exceed 0.65% of the total
production.
WARPING
1. Warp beam complaints from Weaving department to be reduced to Zero.
ENGINEERING
1. Stenter stoppage time due to break down not to exceed 1.5 % of total
working hours.
2 Power consumption (GEB & DG) not to exceed 65 units on per 100 mtrs of
production.
3 Coal consumption not to exceed 50 kg per 100 mtrs of Production.
QA & LAB
1. Reply of each market complaint in 7 days from the date of receipt of
complaint at Bhilad.
Garments
1. End line alteration not to exceed 8% of the total garments stitched within next 6
months.
2. Final (Post Pressing) not to exceed 3% of the total garments checked.
STORES
Sutlej-S.D.Singh/H.R. Doc./2012
Dead stock (unused stocks lying for more than six months) to be reduced to 2.5
% of the total inventory in the next 3 years.
Personnel
To enhance the competence of each employees by at least 0.5 in the scale of 1
to 10 every year.
Garment Formats.
Sr No
1
2
3
4
5
6
7
8
9
10
11
12
13
Sutlej-S.D.Singh/H.R. Doc./2012
Format No
FMT 7.15.1
FMT 7.15.2
FMT 7.15.3
FMT 7.15.4
FMT 7.15.5
FMT 7.15.6
FMT 7.15.7
FMT 7.15.8
FMT 7.15.9
FMT 7.15.10
FMT 7.15.11
FMT 7.15.12
FMT 7.15.13
27
List of Records
Sutlej-S.D.Singh/H.R. Doc./2012
Index No
Q-1
Q-2
Q-3
Q-4
Q-5
Q-6
Q-7
Q-8
Q-9
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
FMT
7.15.14
7.15.15
7.15.16
7.15.17
8.3.17
8.3.18
8.3.19
8.3.20
8.3.21
8.3.22
8.3.23
8.3.24
8.3.25
8.3.26
8.3.27
8.3.28
8.3.29
8.3.30
FMT : 4.3.1
Rev. : 00
Eff. Dt. : 1.10.09
Retention
Period
6 Months
2 Months
2 Months
2 Months
2 Months
Disposing
Authority
QA Manager
QA Manager
QA Manager
QA Manager
QA Manager
2
2
2
2
QA
QA
QA
QA
Months
Months
Months
Months
Manager
Manager
Manager
Manager
28
Q-10
Q-11
Q-12
Q-13
Q-14
2
2
2
2
6
Months
Months
Months
Months
Month
QA
QA
QA
QA
QA
Manager
Manager
Manager
Manager
Manager
Index No
S-1
S-2
S-3
S-4
Retention Disposing
Period
Authority
Sampling I/C
Sampling I/C
Sampling I/C
Sampling I/C
S-5
Sampling I/C
Auditor Name
Mr Banavarilal
Mr Krishna Mahyawanshi
Mr Lalit Dhote
Mr Monohar Joshi
Mr C.P. Sagar
Mr T.B. Yadav
Mr R.M. Rana
Mr Zakir
Mr Pradeep
Mr Sagar
Mr Ram Mohanty
Mr P.C. Mishra
Mr.Vinod Thakur
Sutlej-S.D.Singh/H.R. Doc./2012
Department
Weaving
Weaving
Processing
Processing
Engineering
Engineering
Store
R&D
R&D
P.P.C.
Folding
H.R.
Home Textiles
29
Mr Mahendra Yadav
Mr Sahadev Singh
Home Textiles
Garments
List of Records
Index No
I.M.R
IMR Register
Issue Slip
Physical Stock Register
Challan File
P O File
Indent File
Inspection register
TS-1
TS-2
TS-3
TS-4
TS-5
TS -6
TS-7
TS-8
FMT : 4.3.1
Rev. : 00
Eff. Dt. : 1.10.09
Retention
Period
1 Year
1 Year
6 Month
1 Year
1 Year
1 Year
1 Year
1 Year
Disposing
Authority
Store I/C
Store I/C
Store I/C
Store I/C
Store I/C
Store I/C
Store I/C
Store I/C
Company Law:
Classes of company:
1. Private Limited company
2. Public Limited company
3. Unlimited company
Sutlej-S.D.Singh/H.R. Doc./2012
30
31
1. Name: Name of a public company should end with the word Limited . It is
not necessary to mention Public Limited.
2. Subscribers: Minimum 7 persons
3. Directors: Minimum 3 persons (directors).
Formation of guarantee company:
A guarantee company means a company having a liability of its members limited by
the memorandum to such amount as the members may respectively undertake to contribute in the assets of
the company in the event of its being wound up. The guarantee company may be a private company or a
public limited company. It may have share capital or may not have any share capital.
Articles:
The articles of a private company must provide the following:
a) Restricts the rights to transfer its share.
b) Limits the number of its members to fifty . while calculating the number of member the following
members shall be excluded.
I.
II.
III.
C) Prohibits any invitations to the public to subscribe for any shares in or debentures of the
company.
Your belief determines your action and your action determines your results, but first you have to believe.
INTERNATIONAL
STANDARD
ISO9001
Contents
Sutlej-S.D.Singh/H.R. Doc./2012
Page
32
1 Scope
1.1 General
1.2 Application
2 Normative reference
3 Terms and definitions
4 Quality management system
4.1 General requirements
4.2 Documentation requirements
5 Management responsibility
5.1 Management commitment
5.2 Customer focus
5.3 Quality policy
5.4 Planning
5.5 Responsibility, authority and communication
5.6 Management review
6 Resource management
6.1 Provision of resources
6.2 Human resources
6.3 Infrastructure
6.4 Work environment
7 Product realization
7.1 Planning of product realization
7.2 Customer-related processes
7.3 Design and development
7.4 Purchasing
7.5 Production and service provision
7.6 Control of monitoring and measuring devices
8 Measurement, analysis and improvement
8.1 General
8.2 Monitoring and measurement
8.3 Control of nonconforming product
8.4 Analysis of data
8.5 Improvement
Quality management systems Requirements
1 Scope
1.1 General
This International Standard specifies requirements for a quality management system where an
organization
a) Needs to demonstrate its ability to consistently provide product that meets customer and
applicable regulatory requirements, and
b) Aims to enhance customer satisfaction through the effective application of the system, including
processes for continual improvement of the system and the assurance of conformity to customer
and applicable regulatory requirements.
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33
NOTE In this International Standard, the term product applies only to the product intended for, or
required by, a customer.
1.2 Application
All requirements of this International Standard are generic and are intended to be applicable
to all organizations, regardless of type, size and product provided.
Where any requirement(s) of this International Standard cannot be applied due to the nature
of an organization and its product, this can be considered for exclusion. Where exclusions are
made, claims of conformity to this International Standard are not acceptable unless these
exclusions are limited to requirements within clause 7, and such exclusions do not affect the
organization's ability, or responsibility, to provide product that fulfils customer and applicable
regulatory requirements.
2 Normative reference
The following normative document contains provisions which, through reference in this text,
constitute provisions of this International Standard. For dated references, subsequent amendments
to, or revisions of, any of these publications do not apply. However, parties to agreements based on
this International Standard are encouraged to investigate the possibility of applying the most recent
edition of the normative document indicated below. For undated references, the latest edition of the
normative document referred to applies. Members of ISO and IEC maintain registers of currently
valid International Standards.
ISO 9000:1) , Quality management systems Fundamentals and vocabulary.
Sutlej-S.D.Singh/H.R. Doc./2012
34
a) Identify the processes needed for the quality management system and their application
throughout the organization (see 1.2),
b) Determine the sequence and interaction of these processes,
c) Determine criteria and methods needed to ensure that both the operation and control of these
processes are effective,
d) Ensure the availability of resources and information necessary to support the operation and
monitoring of these processes,
e) Monitor, measure and analyse these processes, and
f) Implement actions necessary to achieve planned results and continual improvement of these
processes.
These processes shall be managed by the organization in accordance with the requirements
of this International Standard.
NOTE Processes needed for the quality management system referred to above should include
processes for management activities, provision of resources, product realization and measurement.
Where an organization chooses to outsource any process that affects product conformity
with requirements, the organization shall ensure control over such processes. Control of such
outsourced processes shall be identified within the quality management system.
4.2 Documentation requirements
4.2.1 General
The quality management system documentation shall include
a) Documented statements of a quality policy and quality objectives,
b) A quality manual,
c) Documented procedures required by this International Standard,
d) Documents needed by the organization to ensure the effective planning, operation and control of
its processes, and
e) Quality records required by this International Standard (see 4.2.4).
NOTE 1 Where the term documented procedure appears within this International Standard, this
means that the procedure is established, documented, implemented and maintained.
NOTE 2 The extent of the quality management system documentation can differ from one
organization to another due to
a) The size of organization and type of activities,
b) The complexity of processes and their interactions, and
c) The competence of personnel.
NOTE 3 The documentation can be in any form or type of medium.
4.2.2 Quality manual
The organization shall establish and maintain a quality manual that includes
a) The scope of the quality management system, including details of and justification for any
exclusions (see 1.2),
b) The documented procedures established for the quality management system, or reference to
them, and
c) A description of the interaction between the processes of the quality management system.
Sutlej-S.D.Singh/H.R. Doc./2012
35
Sutlej-S.D.Singh/H.R. Doc./2012
36
Top management shall ensure that quality objectives, including those needed to meet requirements
for product [see 7.1 a)], are established at relevant functions and levels within the organization. The
quality objectives shall be measurable and consistent with the quality policy.
5.4.2 Quality management system planning
Top management shall ensure that
a) The planning of the quality management system is carried out in order to meet the requirements
given in 4.1, as well as the quality objectives, and
b) The integrity of the quality management system is maintained when changes to the quality
management system are planned and implemented.
5.5 Responsibility, authority and communication
5.5.1 Responsibility and authority
Top management shall ensure that the responsibilities, authorities and their interrelation are defined
and communicated within the organization.
5.5.2 Management representative
Top management shall appoint a member of management who, irrespective of other
responsibilities, shall have responsibility and authority that includes
a) Ensuring that processes needed for the quality management system are established,
implemented and maintained,
b) Reporting to top management on the performance of the quality management system and any
need for improvement, and
c) Ensuring the promotion of awareness of customer requirements throughout the organization.
NOTE The responsibility of a management representative can include liaison with external parties
on matters relating to the quality management system.
5.5.3 Internal communication
Top management shall ensure that appropriate communication processes are established within
the organization
and that communication takes place regarding the effectiveness of the quality management system.
5.6 Management review
5.6.1 General
Top management shall review the organization's quality management system, at planned intervals,
to ensure its continuing suitability, adequacy and effectiveness. This review shall include assessing
opportunities for improvement and the need for changes to the quality management system,
including the quality policy and quality objectives.
Records from management reviews shall be maintained (see 4.2.4).
5.6.2 Review input
The input to management review shall include information on
a) Results of audits,
b) Customer feedback,
c) Process performance and product conformity,
d) Status of preventive and corrective actions,
e) Follow-up actions from previous management reviews,
f) Planned changes that could affect the quality management system, and
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37
6 Resource management
6.1 Provision of resources
The organization shall determine and provide the resources needed
a) To implement and maintain the quality management system and continually improve its
effectiveness, and
b) To enhance customer satisfaction by meeting customer requirements.
6.2 Human resources
6.2.1 General
Personnel performing work affecting product quality shall be competent on the basis of appropriate
education, training, skills and experience.
6.2.2 Competence, awareness and training
The organization shall
a) Determine the necessary competence for personnel performing work affecting product quality,
b) Provide training or take other actions to satisfy these needs,
c) Evaluate the effectiveness of the actions taken,
d) Ensure that its personnel are aware of the relevance and importance of their activities and how
they contribute to the achievement of the quality objectives, and
e) Maintain appropriate records of education, training, skills and experience (see 4.2.4).
6.3 Infrastructure
The organization shall determine, provide and maintain the infrastructure needed to achieve
conformity to product requirements. Infrastructure includes, for example
a) Buildings, workspace and associated utilities,
b) Process equipment, both hardware and software, and
c) Supporting services such as transport or communication.
6.4 Work environment
The organization shall determine and manage the work environment needed to achieve conformity
to product requirements.
7 Product realization
7.1 Planning of product realization
The organization shall plan and develop the processes needed for product realization. Planning of
product realization shall be consistent with the requirements of the other processes of the quality
management system (see 4.1).
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38
In planning product realization, the organization shall determine the following, as appropriate:
a) Quality objectives and requirements for the product;
b) The need to establish processes, documents, and provide resources specific to the product;
c) Required verification, validation, monitoring, inspection and test activities specific to the product
and the criteria for product acceptance;
d) Records needed to provide evidence that the realization processes and resulting product fulfil
requirements (see 4.2.4).
The output of this planning shall be in a form suitable for the organization's method of operations.
NOTE 1 A document specifying the processes of the quality management system (including the
product realization processes) and the resources to be applied to a specific product, project or
contract, can be referred to as a quality plan.
NOTE 2 The organization may also apply the requirements given in 7.3 to the development of
product realization processes.
7.2 Customer-related processes
7.2.1 Determination of requirements related to the product
The organization shall determine
a) Requirements specified by the customer, including the requirements for delivery and postdelivery activities,
b) Requirements not stated by the customer but necessary for specified use or known and intended
use,
c) Statutory and regulatory requirements related to the product, and
d) Any additional requirements determined by the organization.
7.2.2 Review of requirements related to the product
The organization shall review the requirements related to the product. This review shall be
conducted prior to the organization's commitment to supply a product to the customer (e.g.
submission of tenders, acceptance of contracts or orders, acceptance of changes to contracts or
orders) and shall ensure that
a) Product requirements are defined,
b) Contract or order requirements differing from those previously expressed are resolved, and
c) The organization has the ability to meet the defined requirements.
Records of the results of the review and actions arising from the review shall be maintained
(see 4.2.4).
Where the customer provides no documented statement of requirement, the customer requirements
shall be confirmed by the organization before acceptance.
Where product requirements are changed, the organization shall ensure that relevant
documents are amended and that relevant personnel are made aware of the changed
requirements.
NOTE In some situations, such as internet sales, a formal review is impractical for each order.
Instead the review can cover relevant product information such as catalogues or advertizing
material.
7.2.3 Customer communication
Sutlej-S.D.Singh/H.R. Doc./2012
39
The organization shall determine and implement effective arrangements for communicating with
customers in relation to
a) Product information,
b) Enquiries, contracts or order handling, including amendments, and
c) Customer feedback, including customer complaints.
7.3 Design and development
7.3.1 Design and development planning
The organization shall plan and control the design and development of product.
During the design and development planning, the organization shall determine
a) the design and development stages,
b) the review, verification and validation that are appropriate to each design and development
stage, and
c) the responsibilities and authorities for design and development.
The organization shall manage the interfaces between different groups involved in design
and development to ensure effective communication and clear assignment of responsibility.
Planning output shall be updated, as appropriate, as the design and development
progresses.
7.3.2 Design and development inputs
Inputs relating to product requirements shall be determined and records maintained (see 4.2.4).
These shall include
a) Functional and performance requirements,
b) Applicable statutory and regulatory requirements,
c) Where applicable, information derived from previous similar designs, and
d) Other requirements essential for design and development.
These inputs shall be reviewed for adequacy. Requirements shall be complete,
unambiguous and not in conflict with each other.
7.3.3 Design and development outputs
The outputs of design and development shall be provided in a form that enables verification against
the design and development input and shall be approved prior to release.
Design and development outputs shall
a) Meet the input requirements for design and development,
b) Provide appropriate information for purchasing, production and for service provision,
c) Contain or reference product acceptance criteria, and
d) Specify the characteristics of the product that are essential for its safe and proper use.
7.3.4 Design and development review
At suitable stages, systematic reviews of design and development shall be conducted
a) To evaluate the ability of the results of design and development to fulfil requirements, and
b) To identify any problems and propose necessary actions.
Participants in such reviews shall include representatives of functions concerned with the
design and development stage(s) being reviewed. Records of the results of the reviews and any
necessary actions shall be maintained (see 4.2.4).
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40
Sutlej-S.D.Singh/H.R. Doc./2012
41
Sutlej-S.D.Singh/H.R. Doc./2012
42
Sutlej-S.D.Singh/H.R. Doc./2012
43
The organization shall conduct internal audits at planned intervals to determine whether the quality
management system
a) Conforms to the planned arrangements (see 7.1), to the requirements of this International
Standard and to the quality management system requirements established by the organization, and
b) Is effectively implemented and maintained.
An audit programme shall be planned, taking into consideration the status and importance of the
processes and areas to be audited, as well as the results of previous audits. The audit criteria,
scope, frequency and methods shall be defined. Selection of auditors and conduct of audits shall
ensure objectivity and impartiality of the audit process.
Auditors shall not audit their own work.
The responsibilities and requirements for planning and conducting audits, and for reporting results
and maintaining records (see 4.2.4) shall be defined in a documented procedure.
The management responsible for the area being audited shall ensure that actions are taken without
undue delay to eliminate detected nonconformities and their causes. Follow-up activities shall
include the verification of the actions taken and the reporting of verification results (see 8.5.2).
NOTE See ISO 10011-1, ISO 10011-2 and ISO 10011-3 for guidance.
8.2.3 Monitoring and measurement of processes
The organization shall apply suitable methods for monitoring and, where applicable, measurement
of the quality management system processes. These methods shall demonstrate the ability of the
processes to achieve planned results. When planned results are not achieved, correction and
corrective action shall be taken, as appropriate, to ensure conformity of the product.
8.2.4 Monitoring and measurement of product
The organization shall monitor and measure the characteristics of the product to verify that product
requirements are fulfilled. This shall be carried out at appropriate stages of the product realization
process in accordance with the planned arrangements (see 7.1).
Evidence of conformity with the acceptance criteria shall be maintained. Records shall indicate the
person(s) authorizing release of product (see 4.2.4).
Product release and service delivery shall not proceed until all the planned arrangements (see 7.1)
have been satisfactorily completed, unless otherwise approved by a relevant authority, and where
applicable by the customer.
8.3 Control of nonconforming product
The organization shall ensure that product which does not conform to product requirements is
identified and controlled to prevent its unintended use or delivery. The controls and related
responsibilities and authorities for dealing with nonconforming product shall be defined in a
documented procedure.
The organization shall deal with nonconforming product by one or more of the following ways:
a) By taking action to eliminate the detected nonconformity;
b) By authorizing its use, release or acceptance under concession by a relevant authority and,
where applicable, by the customer;
c) By taking action to preclude its original intended use or application.
Sutlej-S.D.Singh/H.R. Doc./2012
44
Records of the nature of nonconformities and any subsequent actions taken, including concessions
obtained, shall be maintained (see 4.2.4).
When nonconforming product is corrected it shall be subject to re-verification to demonstrate
conformity to the requirements.
When nonconforming product is detected after delivery or use has started, the organization shall
take action appropriate to the effects, or potential effects, of the nonconformity.
8.4 Analysis of data
The organization shall determine, collect and analyse appropriate data to demonstrate the suitability
and effectiveness of the quality management system and to evaluate where continual improvement
of the quality management system can be made. This shall include data generated as a result of
monitoring and measurement and from other relevant sources.
The analysis of data shall provide information relating to
a) Customer satisfaction (see 8.2.1),
b) Conformance to product requirements (see 7.2.1),
c) Characteristics and trends of processes and products including opportunities for preventive
action, and
d) Suppliers.
8.5 Improvement
8.5.1 Continual improvement
The organization shall continually improve the effectiveness of the quality management system
through the use of the quality policy, quality objectives, audit results, analysis of data, corrective
and preventive actions and management review.
8.5.2 Corrective action
The organization shall take action to eliminate the cause of nonconformities in order to prevent
recurrence.
Corrective actions shall be appropriate to the effects of the nonconformities encountered.
A documented procedure shall be established to define requirements for
a) Reviewing nonconformities (including customer complaints),
b) Determining the causes of nonconformities ,
c) Evaluating the need for action to ensure that nonconformities do not recur,
d) Determining and implementing action needed,
e) Records of the results of action taken (see 4.2.4), and
f) Reviewing corrective action taken.
8.5.3 Preventive action
The organization shall determine action to eliminate the causes of potential nonconformities in order
to prevent their occurrence. Preventive actions shall be appropriate to the effects of the potential
problems.
A documented procedure shall be established to define requirements for
a) Determining potential nonconformities and their causes,
b) Evaluating the need for action to prevent occurrence of nonconformities,
c) Determining and implementing action needed,
Sutlej-S.D.Singh/H.R. Doc./2012
The following format may be used to summarize the issues and strategies required within your
departmental Human resources plan:-
HR ACTIVITY
Recruitment
Departmental position review
Organization Change
Leave/termination anlysis
Demographic analysis
Leave utilization
Diversity
Performance development
planning
Budget
Communications
Sutlej-S.D.Singh/H.R. Doc./2012
ISSUES
STRATEGIES
TIME FRAME
45
46
Other HR Issues
Stone: Determine where stone is needed and spread in a manner that does not require additional
work and equipment to level. uses chain setting effectively to ensure proper application of stone.
Asphalt: spread material uniformly and ensure proper placement.
Sutlej-S.D.Singh/H.R. Doc./2012
47
need to determine the extent to which this type of system will import and affect the agencys human
resource practices.
Training and development: Connection to agency business need is the corner stone to skill-based
systems. The agencys commitment to learning is vital to the success of the system. The skill
identified within a skill block may as curriculum for training. Training plan should be well
documented, include specific training objectives and communicated to employees.
Recruitment and selection: System can be developed to identify knowledge and skills for
recruiting and assessing applicants for agency positions.
Performance Management: System can be used to support the assessment of employee
performance.
Compensation decision: Systems will determine how pay will be administered based on
defined skill blocks and guide other pay decision.
Sutlej-S.D.Singh/H.R. Doc./2012
48
Ensuring that the complaint form properly identifies the offence and is otherwise
correctly completed
Ensuring that the alleged offender is aware of the charges against him/her
Interviewing and taking statements from the Complainant, accused and any witness
Investigating the domestic circumstances of the alleged offender, when necessary
Ensuring that all facts are collated marshalled and presented without bias.
Advising the Complainant, accused, witness (as) and representative of their roles and
rights
Ensuring that documentation pertaining to the hearing is forwarded to the appropriate
officials
Advising the accused and his representatives of progress made for cases that are pending
or in recess.
The Human Resources Officer may at his/her discretion recommend that a concluded disciplinary
case be reopened in instances where gross non-compliance to the Disciplinary Code is evident.
Sutlej-S.D.Singh/H.R. Doc./2012
49
Dismissal Procedure
a)
b)
For the purpose of the dismissal procedure, a direct Department Manager is defined
as an employee graded D-lower or above who has a supervisory link to the employee
concerned.
c)
Following a disciplinary hearing outcome being advised to the employee who results
in the recommendation for a dismissal and the employee accepts the
recommendation; the Hearing Official will refer the case documentation for review to
the relevant Manager for the department concerned.
d)
The relevant Manager will endeavor to review the case within forty-eight hours/two
working days and endorse or reject the recommendation.
e)
If the recommendation for dismissal is endorsed, the hearing official shall refer the
recommendation to the Human Resources Officer who will review the case with the
relevant Head of Department.
Sutlej-S.D.Singh/H.R. Doc./2012
50
f)
If the recommendation for dismissal is rejected, the case shall be referred to the
Human Resources Officer and the original hearing official.
g)
The relevant Manager may sanction the recommendation in writing, thereby effecting
dismissal, or reject it. If the recommendation is rejected, action 8.6 above shall be
applied.
h)
The employee shall be notified of the decision verbally by the Hearing Official. If the
employee is dismissed, the employee will be notified in writing. This notification
shall be signed by the relevant Executive Committee Member.
i)
Every employee has the right to appeal against a decision to dismiss him/her. The
appeal procedure will apply as outlined in Section 9.
6.6
6.6.1
Every employee has the right of appeal against any decision which involves any entry on
his/her disciplinary record and which may thus affect his future employment prospects.
6.6.2
Any employee who wished to appeal against the outcome of any disciplinary hearing against
him/he must notify the Human Resources Officer in writing within two days of being notified
of the outcome of the disciplinary hearing. The right of appeal must be based on one or more
of the following appeal grounds.
i
ii
iii
iv
Dispute of Guilt
Severity of Penalty/Mitigating Factors
Procedural Inconsistencies
New Evidence
6.6.3
Appeals against Verbal, Recorded and Severe Warnings in terms of 7.6.2 (i) and (ii) may be
referred to the official at the level above the official who originally heard the case. The
decision of the Appeal Hearing Official shall be final and no further appeal level shall be
available.
6.6.4
Appeals against recommendations for Final Warnings and Dismissals shall be heard by the
relevant Executive Committee member. If the sanction was originally imposed by a
Manager, the accused may request the Disciplinary Review Committee to review the case.
6.6.5
Appeals in terms of 7.6.2 (iii) shall be reviewed by the Human Resources Officer may refer
the case back to the original Hearing Official for further investigation and/or re-hearing,
where after the procedure as per 7.6.3 and 7.6.4 above shall apply.
6.6.6
Appeals in terms of 7.6.2 (iv) shall be heard by the original hearing Officer and thereafter in
terms of 7.6.3 and 7.6.4. The decision as to whether the grounds of appeal constitute new
evidence shall rest with the Human Resources Officer with the employee representative.
Sutlej-S.D.Singh/H.R. Doc./2012
51
6.6.7
The employee shall be present at the appeal hearing and shall be entitled to a representative
in terms of Section 6 of the Disciplinary Code, except at the Disciplinary Review Committee
level, where the procedure as outlined under 7.6.9 and 7.6.10 shall apply.
6.6.8
The Disciplinary Review Committee shall be chaired by the Operations manager and shall
comprise the Human Resources Officer and Senior representatives of other Department. .
6.6.9
When an employee requests that his case be referred to the Disciplinary Review Committee
for a review, he may at the same time request that he or his representative be invited to make
representation or motivate his grounds of appeal in person. The Disciplinary Review
Committee shall however review each case on its own merits and take decisions
independently.
6.6.10 The Disciplinary Review Committee shall have the authority to uphold or reduce a penalty
imposed by the Head of Department. It will also have the authority to impose a more severe
disciplinary action should it be found that the offence committed warranted a more severe
penalty. The Disciplinary Review Committee may refer a case back to the Head of
Department or the Human Resources Officer for re-hearing or for further investigation.
6.6.11 The decision of the Disciplinary Review Committee will be final and should also be read in
conjunction with 7.6.13. The Human Resources Officer shall inform the employee of the
decision of the Disciplinary Review Committee. In addition, the Chairperson of the
Disciplinary Review Committee will notify the employee of the decision, in writing.
6.6.12 Should an appeal against dismissal be successful, the employee will be reinstated
retrospectively to the date on which his services were terminated and he will be advised in
writing to return to work. This also applies where an appeal against a dismissal is reduced to
a warning in terms of 7.6.3 (i).
6.6.13 In the event of the dismissal being upheld by the Disciplinary Review Committee, the
dismissal shall be effective from the date of the employees services were terminated by the
Head of Department. The Chairman of the Disciplinary Review Committee shall inform the
employee in writing of the outcome of the Committees Review.
6.6.14 It should be noted that the Disciplinary Review Committee, referred to above, should only
have the authority to review disciplinary cases that have been dealt with by Manager.
Classification of Offences Guide to Disciplinary Action
Nature of Offence
1st
Offence
2nd
Offence
3rd
Offence
Absenteeism
Absenteeism
Desertion
Offences related to control at work
SW
DC
FW
DC
Sutlej-S.D.Singh/H.R. Doc./2012
4th
Offence
VW/RW
SW
RW
RW
RW
SW
FW
SW
SW
SW
RW
SW
52
FW
DC
FW
FW
FW
DC
DC
DC
DC
DC
Sutlej-S.D.Singh/H.R. Doc./2012
15.
15.1
Introduction
53
The staff compliment of SBCGT is very limited and thus the need to have succession planning in
place. If an employee is not available one should always have someone skilled and ready to act as a
replacement.
15.2
15.3
Objectives
To identify replacement needs
To provide opportunities for high potential workers (retention)
To increase pool of promotable employees
To support implementation of business plan
To guide individuals in their career paths
To encourage the advancement of diverse groups
To improve ability to respond to changing environmental demands
To improve employee morale
To cope with the effects of downsizing, attrition, retirements
Procedure
Assess the potential vacancies in leadership and other key positions (who is of retirement
age? Which positions/departments/divisions are most affected?
Assess the readiness of current staff to assume the positions (competencies, IDPs discussed
under Training and Development)
Develop strategies to address these needs based on the skill gaps.
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54
A Performance Plan is a written document between an employee (or team) and his or her manager.
The performance plan describes what has to be done during the performance cycle, how well it has
to be done, and how the accomplishment will be measured. This part of the plan is based primarily
on the goals of SBCGT and the employee's job description
Performance Management shall be a continuous process with the following timeframes attached:
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6.3
55
Special Cases
Suspension
a)
Assault/attempted assault
Desertion
Sleeping on duty
Negligent loss, driving, damage or misuse of company property
Abuse of electronic/data facilities
Sexual Harassment
Fighting
Riotous Behaviour
Alcohol and drug offences
Wilful loss, damage or misuse of company property
Theft/Unauthorised possession of company property
Breach of Trust
Offences related to dishonesty
Offences related to Industrial Action
Any act or omission which intentionally endangers the health or safety of
others, or is likely to cause damage to Company property
Interference with disciplinary and/or grievance investigations
Abusive or provocative language (when it is likely to cause a disturbance)
Insubordination (if the situation shows signs of getting out of control)
Persistent refusal to obey instructions.
In certain instances the Supervisor will recommend that the offender be
removed from the work place pending investigation of the case. He/she will
take immediate steps to report the matter to his/her immediate Supervisor,
who will raise the matter with the CEO. Irrespective of the outcome, the
employee will be paid for days he/she was suspended;
It is mandatory to liase with the Human Resources Officer prior to suspending
an employee in order to endure that the suspension is procedurally and
substantively fair.
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56
The following guidelines should be considered when dealing with such cases. An attempt should be
made to resolve alleged poor work performance by means of counselling the individual involved.
Where poor the supervisor identifies work performance, the following procedural action should be
considered:
6.3
a)
b)
Communicate this to the individual concerned, and jointly agree on the appropriate
plan of action in order to resolve the matter. If deemed necessary and relevant, norms
should be established by arranging appropriate task lists and the time duration
allowed for the completion of each task;
c)
d)
Accurately minute the agreed contents of any agreement put in place and provide the
Human Resources Officer with a copy for record keeping purposes;
e)
Regular evaluation and follow up on the agreed plan of action should be made;
f)
Should counseling fail to produce the desired improvement, alternative action should
be considered in liaison with the Human Resources Officer. Alternative action could
include, but is not limited to, termination of the employment contract on the grounds
of incapacity, demotion or a transfer to an alternative position. The employee,
throughout this process, will be entitled to representation.
SBCGT reserves the right to take any action it may deem appropriate against employees who are, in
the opinion of SBCGT, guilty of gross misconduct not merely in their working situations. This is
particularly so where the nature of the misconduct may affect the employment relationship with any
other party. Actions that directly relate to the nature of the business are also liable for disciplinary
action.
Court Actions
Where an employee has been criminally charged or legal action has been instituted for an
employment related breach, SBCGT reserves the right to take disciplinary action against the
employee for the alleged offence, in terms of this Code.
6.4
Classification of Offences:
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57
b)
Sleeping on duty
Any employee who is found asleep on duty, whether or not such an action constitutes a hazard to the
safety and health of the offender or others or leads to damage to Company property, shall be deemed
guilty of an offence.
c)
b)
Negligent driving; driving a company owned or rented vehicle without due care,
whether such an act results in an accident or not.
c)
d)
Misuse of Company property: using Company property for a purpose other than that
for which it was intended.
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58
b)
Negligence: failure to exercise proper care and regard to the manner of discharging
duty to the extent that tasks have to be repeated or equipment or persons are at risk of
damage or injury.
c)
Inefficiency: failure to carry out work at the required standard or failure to complete
tasks within the given reasonable time limits, without reasonable cause. This includes
poor supervision.
d)
Loafing: passing time idly or failing without reasonable cause to complete tasks set.
6.4.3
a)
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59
b) Insubordination:
Insolence towards a superior shown by action or words.
6.4.3.2 Disorderly behaviour and related offences
a) Disorderly behaviour:
Indulging in rough or unruly behaviour or practical jokes whether or not such behaviour endangers
the safety or health of others or the smooth running of the work place.
b) Threatening violence:
Threatening to do physical injury to any other person.
c) Fighting:
Physical contact between two or more persons, engaging in or inciting a group of persons to indulge
in disorderly behaviour or wilfully to damage Company property.
d) Riotous behaviour:
Unruly behaviour between two or more persons, engaging in or inciting a group of persons to
indulge in disorderly behaviour or wilfully to damage Company property.
e) Sexual Harassment:
Any unwanted or unwelcome sexual advances, requests for sexual favours and other verbal or
physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or
implicitly affects an individuals employment, causes unreasonable interference with an individuals
work performance or creates an intimidating, hostile or offensive work environment.
f) Discrimination:
Any act whereby an employee discriminates against any other employee or group of employees on
the grounds of nationality, race, colour, ethnic origin, sex, marital status, religion, creed, political
opinion, social or economic status, degree of physical or mental ability, sexual orientation or culture.
Willful loss, damage or misuse of Company property
Willful loss: any act whereby an employee willfully or deliberately loses or causes Company
property to be lost.
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60
Willful damage: any act whereby an employee willfully or deliberately damages, or allows or causes
damage to Company property.
Willful misuse: any act whereby an employee willfully or deliberately misuses Company property.
6.4.5
Disciplinary cases involving the following offences must be reported to the Human Resources
Officer.
Bribery or Corruption
Giving or receiving or attempting to give or receive any bribe or inducing or attempting to induce
any person to perform any corrupt act.
False Evidence
Deliberately giving untrue, erroneous or misleading information or testimony whether
verbally or in writing.
Forgery and uttering
Falsifying or changing any documentation with fraudulent intent or attempting to do so.
Uttering or attempting to utter fraudulent or false statements or documents.
Misappropriation
Applying or attempting to apply to a wrong use or for any unauthorised purpose, any funds, assets or
property belonging to SBCGT.
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61
Actions or conduct of an employee that cause a reasonable suspicion of dishonesty or mistrust and
for which there exist extraneous evidence to prove a breakdown in the relationship of trust between
the concerned employee and SBCGT. This will include a situation where the conduct of the
employee has created mistrust, which is counterproductive to SBCGTs commercial activities or to
the public interest, thereby making the continued employment relationship an intolerable one.
6.4.5
Industrial Action
Intimidation
Any act by an employee, whether by himself or in concert with other persons (whether or not such
other persons are employees of SBCGT), to intimidate any employee with the object of compelling
him to take part in any strike or other action which interferes with the normal operations of SBCGT.
Intimidation is an offence even if all the procedures for the settlement of the industrial disputes and
grievances and the Law have been exhausted.
Sabotage
Any deliberate action by an employee that results in the interference with the normal operations of
SBCGT by damaging any machinery, or equipment or by interrupting any supplies of power, or
services necessary to the operations.
Illegal Strike/Lockouts
Participation in any illegal strike action, lockouts, boycott or any other form of work disruption not
in accordance with the applicable statute that constitutions a blatant refusal to work. Examples of
such action include, inter alia, work-to-rule: overtime ban; go-slow.
Any disciplinary matter referred to in this subsection will not preclude SBCGT from exercising its
common law rights to terminate the employment contract in the case of illegal industrial action.
6.5
Penalties
Classification of Penalties:
6.5.2
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62
Any supervisor may, at any time and at his discretion, reprimand an employee without
completing a complaint form, in which case there will be no entry made on the employees
disciplinary record. When a verbal warning if given, the supervisor must ensure that the
employee being reprimanded is made aware of the existence and function of the Disciplinary
Code. A verbal warning is usually issued where the offence is of a minor nature.
6.5.2 Recorded Warning
Application: This may be given for a repetition of an offence for which an unrecorded
warning has been given, or it may be given for a first offence.
Validity Period: The employee must be informed that the warning will remain in force for a
period of six months.
6.5.3 Severe Warning
Application: Given for a repetition of the same offence or similar offence during a period
when a recorded warning is still in effect, or for a first offence of a more serious nature.
Validity Period: The employee must be informed that the warning will remain in force for a
period of nine months.
6.5.4 Final Warning
Application: Given for a repetition of the same offence or a similar offence during a period
when a severe warning is still in effect or depending on the nature thereof, for a first offence
of a serious nature. In the case of an employee being found guilty of an offence of a
dissimilar nature within the prescribed period, the hearing official may, at his discretion,
issue a comprehensive final warning on the understanding that if any offence is committed
within the next 12 months, it will render him liable for dismissal.
Validity Period: A final warning is effective for a period of twelve months. The employee is
advised in writing by the official hearing the case of the period applicable and reminded that
a repetition of the offence or the committing of any similar serous offence within the
prescribed period will render him liable for dismissal. A copy of the notice shall be
forwarded to the Human Resources Department.
6.5.5 Dismissal
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 1(2)
2.
Sec 6,
6A, 6C
(ii)
(iii)
(iv)
(v)
Notes:
1. Wages for the purpose means all emoluments
earned by an employee while on duty (or on leave or
on holidays with wages) but does not include:
(i)
The cash value of any food concessions.
(ii)
Any Dearness Allowance, House Rent
Allowance, Overtime Allowance, Bonus,
Commission or any other similar allowance
payable to employee.
2. Para. 7 of Employees Deposit Link Insurance
Scheme, 1976 Where the monthly pay of the
employee exceeds Rs. 6500, the contribution payable
by the employer in respect of Deposit Link Insurance
Scheme shall be calculated on a monthly pay of Rs.
6500.
Sutlej-S.D.Singh/H.R. Doc./2012
63
64
Para. 38
of PF
Scheme,
Para 8 of
Deposit
Link ins.
Scheme.
Para
38(2) of
PF
scheme.
5.
Para
38(3) of
PF
Scheme
6.
Para 34,
36(2) of
PF
Scheme
and
Para. 10
of
Deposit
Link
Insuranc
e
Scheme.
7.
3.
4.
8.
Sutlej-S.D.Singh/H.R. Doc./2012
Para. 43
of PF
Scheme
65
Prepare the statement in
From 6 and send the
statement along with
Contribution Card to the
Commissioner within one
month from the end of
each month.
Notes:
1. Sec. 12 of the Act. No employer shall reduce the wages of the employee on
account of the contribution made by the employer.
Sutlej-S.D.Singh/H.R. Doc./2012
66
1.Child labour:
No child below the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment
No Child who has not completed his fourteenth year shall be required or allowed to
work in any factory.
Shops and Commercial Establishment Act.
No child shall be required or allowed to work whether as an employer or otherwise in any
establishment, not withstanding that such child is a member of the family of the employer.
U.S. Laws Prohibiting the Importation of Goods Made with Child Labor
The
Sanders
Amendment
to
the
Trade
Act
of
1930
The Tariff Act of 1930 prohibits the importation of products made with forced or indentured labor into the
U.S. In 1997 the Sanders Amendment clarified that this applies to products made with forced or indentured
child labor.
Young Workers
A child who has completed his fourteenth year or an adolescent shall not be required
of allowed to work in any factory unless:(a) a certificate of fitness granted with reference to him under section 69 is in the custody of the
Manager of the factory, and
(b) such child or adolescent carries while he is at work a token giving a reference to such
certificate..
(c) Document of Proof of Age
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67
the officer authorized by him in this behalf, at the time of entering service of the
establishment.
The employer or the officer authorized by him in this behalf may before the date of birth of a workman is
entered in his service card, require him to supply:
(i)
His matriculation or school leaving certificates granted by the Board of Secondary Education or
similar educational authority.
(ii)
A certified copy of his date of birth as recorded in the registers of a municipality, local authority
or Panchayat or Registrar of Births;
(iii)
In the absence of either of the aforesaid two categories of certificates, the employer or the officer
authorized by him in this behalf may require the workman to supply, a certificate from a
Government Medical Officer not below the rank of an Assistant Surgeon, indicating the probable
age of the workman provided the cost of obtaining such certificate is borne by the employer;
(iv)
Where it is not applicable to obtain a certificate from a Government Medical Officer, an affidavit
sworn, either by the workman or his parents, or by a near relative, who is in a position to know
about the workmans actual or approximate date of birth, before of First Class Magistrate or
Oath Commissioner, as evidence in support of the date of birth given by him.
Please do not quote this law for non- compliance issues related to proof of age (This law is only applicable
to union territories and central government undertakings like coal mines). You can quote the standing
order rules of the respective state.
For Example:
In accordance with Industrial employment (Standing Orders), Punjab Rules1978, Rules 4 A( iii)
Every workman shall indicate his exact date of the birth to the employer or the officer authorized by him in
this behalf, at the time of entering the service of establishment. The employer or the officer authorized by him
in this behalf may before the date of birth of a workman is entered in his service card, require him to supply:
(i)
His matriculation or school leaving certificates granted by the Board of Secondary Education or
similar educational authority.
(ii)
A certified copy of his date of birth as recorded in the registers of a municipality, local authority
or Panchayat or Registrar of Births;
(iii)
In the absence of either of the aforesaid two categories of certificates, the employer or the officer
authorized by him in this behalf may require the workman to supply, a certificate from a
Government Medical Officer not below the rank of an Assistant Surgeon, indicating the probable
age of the workman provided the cost of obtaining such certificate is borne by the employer;
(iv)
Where it is not practicable to obtain a certificate from a Government Medical Officer, an affidavit
sworn, either by the workman or his parents, or by a near relative, who is in a position to know
about the workmans actual or approximate date of birth, before of First Class Magistrate or
Oath Commissioner, as evidence in support of the date of birth given by him.
2.Forced Labour:
Sutlej-S.D.Singh/H.R. Doc./2012
Prohibition
of
traffic
in
human
beings
and
68
forced
labour
(1) Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance with law.
3.Discrimination: The
Equality
before
law
The State shall not deny to any person equality before the law or the equal protection of the laws within the
territory of India.
The Constitution of India Article 15
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
The Constitution of India Article 17
Abolition
of
Untouchability
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability
arising out of "Untouchability" shall be an offence punishable in accordance with law.
The Equal Remuneration Act, 1976 Section 4
Duty of the employer to pay equal remuneration to men and women workers for same work or work of
similar nature
4. Freedom of Association:
Any seven or more members may by subscribing their names to the rules of the Trade Union and by otherwise
complying with the provisions of this Act can get itself registered under the Trade Union Act.
Sutlej-S.D.Singh/H.R. Doc./2012
69
Section 17 : No office bearer or member of a registered trade Union shall be liable to punishment for
Criminal Conspiracy under Indian Penal Code,1860 in respect of any agreement between the members for
the purpose of furthering any such object of the trade union.
Section 18: No suit or other legal proceeding shall be maintainable in any civil court against any registered
union or any office bearer or member thereof in respect of any act done in contemplation or furtherance of a
trade dispute to which a member of a trade union is a party.
No employer or workman or a trade union, whether registered or not, shall commit any act considered as
unfair labour practice. As per the prevailing Act of 1926, unfair labour practice includes:
i)
ii)
iii)
Sutlej-S.D.Singh/H.R. Doc./2012
70
No woman shall be required or allowed to work in any factory except between the hours of 6a.m. and
7p.m.
Provision regarding exclusion of women from employment during night shifts held discriminatory and
unconstitutional as violative of Article 14, 15(1) and 19(1)(g) of the constitution. Vasanta vs. Union of India,
2001(2) LLJ 843 Mad.
There shall be displayed and correctly maintained in every factory in accordance with the provisions
of subsection 108, a notice of periods of work for adults, showing clearly for every day the periods
during which adult worker may be required to work.
6.Compensation and Benefits: The Minimum Wages Act, 1948, Section 12 (1)
Where in respect of any scheduled employment a notification under section 5 is in force, the employer shall
pay to every employee engaged in a scheduled employment under him, Wages at a rate not less than the
minimum rates of wages fixed by such notification for that class of employees in that employment without any
deductions except as may be authorized with such time and subject to such condition as may be prescribed.
Sutlej-S.D.Singh/H.R. Doc./2012
71
The following items shall not be regarded as part of the minimum wages:
a) The value of any house accommodation, supply of light, water, medical attendance.
b) the value of any amenity or any service excluded by general or special order of the
appropriate government.
c) any contribution paid by the employer to any pension fund or provident fund or under the
scheme of social insurance.
d) any travelling allowance or the value of any travelling concession.
e) Any sum paid to the person employed to defray special expense entailed on him by the nature
of his employment.
f) Any gratuity payable on discharge
Maintenance of records
The Minimum Wages Act, 1948,Section 18(1)
Every employer shall maintain such registers and records giving such particulars of employees employed by
him, the work performed by them, the wages paid to them, the receipts given by them, and in such particulars
and in such forms as may be prescribed.
Wage Records
The Payment of Wages Act, 1936[Section 13-A (2)]
Section 13-A(2) Every register and record required to be maintained under this section shall ,for the purpose
of this Act be preserved for a period of three years after the date of the last entry made therein.
Wage Slips
The Minimum Wages (Central) Rules, 1950
Section 26(2) A Wage Slips shall be issued by every employer to every person employed by him at least a day
prior to the disbursement of wages.
Section 26(3) every employer shall get the signature or thumb impression of every person employed on the
register of wage register of wages and slips.
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72
Notices [Form IX- A] containing the minimum rates of wages fixed together with [abstract of] the
Act, Rules made there under and the name and the name and address of the Inspector shall be
displayed in English and in a language understood by majority of the workmen in the employment [at
the main entrance to the establishment and its office] and shall be maintained in a clean and legible
condition
Equal Remuneration
Sutlej-S.D.Singh/H.R. Doc./2012
73
(c) Deductions for damage to or loss of goods expressly entrusted to the employed person for custody or
loss of money for which he is required to account, where such damage or loss is directly attributable to
his neglect or default.
(d) Deduction for house accommodation supplied by the employer.
(e) Deductions for such amenities and services supplied by the employer.
(f) Deduction for recovery of advances of whatever nature and the interest due in respect thereof, or for
adjustment of over payments of wages.
(g) Deduction of Income tax payable by the employed person.
(h) Deduction required to made by order of a court or other authority competent to make such orders.
(i) Deductions for subscriptions to and for repayment of advances from the provident fund.
(j) Deduction for payment to cooperative societies approved by the state government.
(k) Deduction made for payment of premium on life insurance with the written authorization of the person
employed.
(l) Deduction made with the written authorization of the person employed for the payment of his
contribution to any fund constituted by the employer or the trade union registered under the Trade
Union Act, 1926.
Section 8 : (1) No fine shall be imposed on any employed person save in respect of such acts and omissions
on his part as the employer ,with the previous approval from the state government or of the prescribed
authority.
(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on
the premises in which the employment is carried on.
(3) No fine shall be imposed on any employed person until he has been given an opportunity of
showing cause against fine, or other wise than in accordance with such procedure as may be
prescribed for the imposition of fines.
(4) The total amount of fine which may be imposed in any wage period on any employed person
shall not exceed an amount equal to three percent of the wages payable to him in respect of that
wage period.
Cost of Living:
The Minimum wages Act, 1948 is a central legislation which allows the respective state Government to fix
minimum wage for the workers based on the on the cost of living at that particular place. No worker should
be paid less than the minimum wage. The Wage committees revise the minimum wages after every six months.
Norms for fixation of minimum wages
The norms include those, which were recommended by the Indian labour Conference in its session held in
1957.
(i) 3 consumption units for one earner.
(ii) Minimum food requirement of 2700 calories per average Indian adult.
(iii) Clothing requirements of 72 yards per annum per family.
(iv) Rent corresponding to the minimum area provided for under Governments Industrial Housing Scheme.
Sutlej-S.D.Singh/H.R. Doc./2012
74
(v)Fuel, Lighting and other miscellaneous items of expenditure to constitute 20% of the total Minimum
Wages.
Other Parameters
(i) Children education, medical requirement, minimum recreation including festivals/ ceremonies and
provision for old age, marriage etc should further constitute 25%of the total minimum wage. (ii) Local
condition and other factors influencing the wage rate.
Social Benefits
The
This Act is applicable to those employees whose basic wage is below 6500 INR per month.
The basic wage means all emoluments which are earned by an employee while on duty or on leave or on
holidays with wages in either case in accordance with the terms of employment and which are paid or
payable in cash to him.
This does not include:(i)
the cash value of any food concession.
(ii)
Any dearness allowance, overtime allowance, house rent allowance, bonus, commission or any
other similar allowance payable to the employee.
(iii)
Any present made by the employer
The Employee and the Employer both contribute 12% of the basic wage towards this fund. This fund entitles
the employee for provident fund, the employees pension scheme and deposit linked insurance scheme.
The onus is on the employer to pay the employees due as well as the employers due to the provident fund
authorities in time, failing in which the employer has to pay the amount as well as the interest of 12% on the
amount.
The act does not apply to a newly setup establishment for an initial period of 3 years starting from the first
setting up of the establishment.
Employees Provident Fund Amending Act, 1963: Contractors employees are eligible for provident fund benefits.
The
An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and
to make provision for certain other matters in relation thereto
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75
It shall apply in the first instance to all factories (including factories belonging to government) other than
seasonal industries.
Seasonal industry means the factory engaged in the following manufacturing process
Cotton ginning
Cotton and jute pressing
Decortications of groundnuts
The manufacture of coffee, indigo, lac, rubber, sugar, tea or any other manufacturing process
related to or incidental to the the above processes
A factory, which is engaged for a period not exceeding seven months in a year.
This Act is applicable to those employees whose wage is below 6500 INR per month (Raised to INR 7500
from March, 2004 onwards).
Wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of
employment, express or implied were fulfilled and includes [any payment to an employee In respect of any
period of authorized leave, lockout, strike which is not illegal or layoff and] other additional remuneration if
any (paid at intervals not exceeding two months) but does not include
Any contribution paid by the employer to any pension fund or provident fund under this Act.
Any traveling allowance or the value of the traveling concession
Any sum paid to the person employed to defray special expense entailed on him by the nature of
employment
Any gratuity payable on discharge.
Casual Employees are employees under this Act.
Part time employees are covered under this Act
Apprentice under the Apprenticeship Act not covered under this Act
The Act entitles the employees: (a) Medical benefits for self and the family members
(b) Sickness benefit
(c) Disablement benefit
(d) Maternity benefits for female employees
(e) Funeral expense in case of the death of the employee.
Gratuity,
Payment of Gratuity Act, 1972, section 6
Every employee is required to submit his nomination in the prescribed form in duplicate to his employer,
either personally or through Registered AD, within 30 days of the completion of one year of service.
Section 4A
Every employer has to obtain insurance for his liability to pay gratuity from the LIC
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76
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(a) On his superannuation
(b) On his retirement or resignation, or
(c) On his death or disablement due to accident or disease
Section 4 A (1) With effect from such date as may be notified by the appropriate Government in this behalf,
every employer shall obtain an insurance in the manner prescribed, for his liability for payment towards
gratuity under this Act, from the LIC established under the Life Insurance Corporation of India Act (1956) or
any other prescribed insurer.
7.General Working facilities: Dining Room
The Factories Act, 1948,Chapter V
Section 47(1) In every factory wherein more than 150 workers are ordinarily employed adequate and
suitable shelters or rest rooms and suitable lunchroom, with provision for drinking water, where
workers can eat meals brought by them, shall be provided and maintained for the use of the workers.
Section47 (2) The shelters or rest rooms or lunchroom shall be sufficiently ventilated and shall be
maintained in a cool and clean condition.
Canteen
The Factories Act, 1948,Chapter V, Section 46
The [state] government may make rules requiring that in any specified factory wherein more than
250 workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the
occupier for the use of the workers.
The canteen building shall be situated not less than 15feet from any Latrine, urinal, boiler
house, coal stocks, Ash dumps and any other source of dust, smoke or obnoxious fumes.
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77
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78
SECTION 16 (1) No room in any factory shall be overcrowded to an extent injurious to the health of
the workers employed therein.
SECTION 16 (2) Without prejudice to the generality of subsection (1) there shall be in every
workroom of a factory in existence on the commencement of this Act at least (9.9cubic metres) and of
a factory built after the commencement of this Act at least (14.2 cubic metres) of space for every
worker employed therein and for the purpose of this subsection no account shall be taken of any
space which is more than (4.2 metres) above the level of the floor of the room.
Fencing of Machinery
The Factories Act, 1948, Chapter IV, Section 21
In every factory the following, namely:(i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime
mover or flywheel is in the engine house or not.
(ii) the headrace and the tailrace of every water wheel and water turbine.
(iii) any part of the stock bar which projects beyond the head stock of a lathe; and
(iv)Unless they are in such position or of such construction as to be safe to be every person employed in the
factory as they would be if they were securely fenced, the following namely(a) every part of an electric generator, a motor or rotary converter;
(b) every part of transmission machinery, and
(c) every dangerous part of any other machinery
shall be securely fenced by safeguards of substantial construction which [shall be constantly maintained and
kept in position] while the parts of the machinery they are fencing are in motion or in use.
SECTION 26(1) in all machinery driven by power and installed in any factory after the commencement of
this Act: (a)Every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased
or otherwise effectively guarded as to prevent danger.
All spur, worm, and other toothed or friction gearing which does not require frequent adjustment while in
motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely
encased.
The First Aid Boxes
The Factories Act, 1948,, ChapterV ,Section45
a. SECTION 45(1) There shall in every factory be provided and maintained so as to be readily accessible
during all working hours first aid boxes or cupboard equipped with the prescribed contents, and the
number of such boxes or cupboard to be provided and maintained shall not be less than one for every one
hundred and fifty workers ordinarily employed (at any one time) in the factory.
b.
The first aid boxes or cupboard shall be distinctively marked with a red cross on white
background and shall contain the following equipment
For factories employing more than 50 people: 24 small size sterilized dressing
12 medium size sterilized dressings.
12 large size sterilized dressing
12 large size sterilized burn dressing
One (200) ml bottle of centrimide solution (1%) or a suitable antiseptic solution.
One 200 ml bottle of Mercurochrome solution (2%) in water
Twelve (15ml) packets of sterilized cotton wool
One 120 ml bottle of salvolatile having the dose and mode of administration on the
label.
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79
First aid leaflet issued by the Directorate general of Factory, Advise Service and labour institute,
Bombay
Ambulance Room
The Factories Act, 1948 Chapter V, Section 45(4)
In every factory wherein more than 500 are ordinarily employed there shall be provided and
maintained an ambulance room of the prescribed size, containing the prescribed equipment and in
the charge of such medical and nursing staff as may be prescribed and those facilities shall always
be made available during the working hours of the factory.
(a) Where males are employed, there shall be at least one latrine for every 25 males provided that where
the number of males exceeds 100
It shall be sufficient if there is one latrine for every25 males up to the first 100 and one for every 50
thereafter.
Every Latrine shall be under cover and so partitioned off so as to secure privacy and shall have a
proper door and fastening.
Where workers of both sexes are employed, there shall be displayed outside each Latrine block a notice
in the language understood by majority of the workers indicating For Mens Only and For womens
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80
Only as the case may be. The notice shall also bear the figure of a Man or of a woman, as the case may
be.
(Note: The number of toilets per worker may vary between state to state)
Crche
The Factories Act,1948, ,Chapter V,Section 48
In every factory wherein more than 30 women workers are ordinarily employed there shall be provided and
maintained a suitable room or rooms for the use of children under the age of six years of such women.
Such rooms shall provide adequate accommodation, shall be adequately ventilated, shall be maintained in a
clean and sanitary condition and shall be under the charge of women trained in the care of the children and
infants.
Exception to crche
The Karnataka Factories (Amendment) Rules, 2002
Rule 104-B. Exemption from the provision of crche in certain cases:
(1) In factories where it is reasonably not practicable to provide and maintain crche in accordance with
law, the chief inspector of factories from the provision of rules 101 to 104, if he is satisfied that
alternate arrangement made under sub rule (2) of this rule are ensured by the occupier of the factory.
Provided that the occupier of the factory shall:
(a) Obtain the consent of the employee
(b) Furnish full details of the places, owners or persons or Non government Organization who
are providing such crche and the infrastructure facilities available therein
(c) Bear the cost incurred by the parent on the child.
(d) Furnish the information of the child as and when it is admitted and withdrawn.
8.Other laws:
License
The Factories Act, 1948,Chapter-I, Section 6
The state Government may make rules
(aa) requiring the previous permission in writing of the state government or chief Inspector to be obtained for
the site on which the factory is to be situated and for the construction or extension of any factory or class or
description of factories.
Apprentices Act, 1961
3. Qualifications for being engaged as an apprentice
A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any
designated trade, unless he(a) is not less than fourteen years of age, and
(b) satisfies such standards of education and physical fitness as may be prescribed
4. Contract of apprenticeship
(1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade
unless such person or, if he is minor, his guardian has entered into a contract of apprenticeship with the
employer.
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81
(2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of
apprenticeship has been entered into under sub-section (1).
(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the
parties to the contract:
PROVIDED that no such term or condition shall be inconsistent with any provision of this Act or any rule
made there under.
(4) Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within
such period as may be prescribed to the Apprenticeship Adviser for registration.
(5) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the
person described as an apprentice in the contract is qualified under this Act for being engaged as an
apprentice to undergo apprenticeship training in the designated trade specified in the contract.
(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule
varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such
training, then, the terms and conditions of every contract of apprenticeship relating to that category of
apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified
accordingly].
Environmental,
The Environmental Protection (Regulation) Act 1986: -
Chapter III Section 7:No person carrying on any industry, operation or process shall
discharge or emit or permit to be discharged or emitted any environmental pollutant
in excess of such standards as may be prescribed.
Noise Pollution,
The Noise Pollution (Regulation and Control) Rules 2000, the ambient air quality standards for industrial
area are 75dB(A) leg during daytime and 70 dB (A) in the night.
Further the Noise Limit from domestic Appliances has been set as: (i)Window Air Conditioner
68 dB (A)
( ii) Air coolers60 dB (A)
(iii) Refrigerators
46 dB (A)
( iv) Textile Industry
85-90 dB(A), provided that when it is higher need
to provide ear plugs.
Water Pollution,
Water (Prevention and control of Pollution) Act, 1974,Section 24
(1) Subject to the provisions of this section -(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined
in accordance with such standards as may be laid down by the State Board to enter (whether directly
or indirectly) into any [stream or well or sewer or on land]; or
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82
no person shall knowingly cause or permit to enter into any stream any other matter which may tend,
either directly or in combination with similar matters, to impede the proper flow of the water of the
stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other
causes or of its consequences.
Types of Wastes
Regulatory quantities
(1)
(2)
(3)
Cyanide wastes
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83
Non-halogenated hydrocarbons
including solvents
Halogenated
hydrocarbons
including solvents
200 kilogrammes
calculated
as
chemicals.
200 kilogrammes
calculated as tar.
Sutlej-S.D.Singh/H.R. Doc./2012
per year
inorganic
per
year
84
Phenols
5
kilogrammes
per
calculated as phenols.
year
Asbestos
year
5
kilogrammes
per
year
calculated as pesticides and
their intermediate products
Discarded
container
and
container liners of hazardous
and toxic chemicals and wastes
Boiler Certificate
Boilers Act,1923,
Section 2
(c) boiler means any closed vessel exceeding [22.75 litres] in capacity which is used expressly for
generating steam under pressure and includes any mounting or other fitting attached to such
vessel which is wholly or partly under pressure when steam is shut off;
(f)steam-pipe means any pipe through which steam passes from a boiler to a
other user or both, if
prime mover or
(i)The pressure at which steam passes through such pipe exceeds 3.5 kilograms per square centimetre
above atmospheric pressure; or
(ii )Such Pipe exceeds 254 millimeters in internal diameter; and includes in either
case any connected fitting of a steam-pipe.
Section 6
Save as otherwise expressly provided in this Act, no owner of a boiler or permit it to be used --(a)
unless it has been registered in accordance with the provisions of this Act;
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85
(b) in the case of any boiler which has been transferred from one State to another, until the transfer has been reported
in the prescribed manner;
(c) unless a certificate or provisional order authorising the use of the boiler is for the time being in force under this
Act;
(d) at a pressure higher than the maximum pressure recorded in such certificate or provisional order;
(e) where the State Government has rules requiring that boilers shall be in charge of
persons holding (certificates of proficiency or competency), unless the boiler is
in charge of a person holding the certificate required by such rules:
Provided that any boiler registered, or any boiler certified or licensed, under any Act hereby repealed shall be
deemed to have been registered or certified, as the case may be, under this Act.
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86
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87
(b) issues or authorises the issue of, any business letter, bill head, letter paper, notice or other official
publication of the company wherein its name and the address of its registered office are not mentioned in the
manner aforesaid;
(c) signs or authorises to be signed, on behalf of the company, any bill of exchange, hundi, promissory
note, endorsement, cheque or order for money or goods wherein its name is not mentioned in the manner
aforesaid; or
(d) issues, or authorises the issue of, any bill of parcels, invoice, receipt or letter of credit of the
company, wherein its name is not mentioned in the manner aforesaid;
such officer or person shall be punishable with fine which may extend to five thousand rupees, and shall
further be personally liable to the holder of the bill of exchange, hundi, promissory note, cheque or order for
money or goods, for the amount thereof, unless it is duly paid by the company.
notes
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88
However, they are not statutory provisions themselves (meaning that the Standing Orders even when
approved, do not become law in the sense in which Rules and Notifications issued under delegated
legislation become after they are published as prescribed.) - Rajasthan SRTC v. Krishna Kant - AIR 1995 SC
1715 = (1995) 5 SCC 75 = 71 FLR 211 = 87 FJR 204 = 1995 AIR SCW 2683 = 1995 LLR 481 (SC).
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89
1.Child labour:
No child below the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment
No Child who has not completed his fourteenth year shall be required or allowed to
work in any factory.
Shops and Commercial Establishment Act.
No child shall be required or allowed to work whether as an employer or otherwise in any
establishment, not withstanding that such child is a member of the family of the employer.
U.S. Laws Prohibiting the Importation of Goods Made with Child Labor
The
Sanders
Amendment
to
the
Trade
Act
of
1930
The Tariff Act of 1930 prohibits the importation of products made with forced or indentured labor into the
U.S. In 1997 the Sanders Amendment clarified that this applies to products made with forced or indentured
child labor.
Young Workers
A child who has completed his fourteenth year or an adolescent shall not be required
of allowed to work in any factory unless:(a) a certificate of fitness granted with reference to him under section 69 is in the custody of the
Manager of the factory, and
(b) such child or adolescent carries while he is at work a token giving a reference to such
certificate..
(c) Document of Proof of Age
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90
Section
/Clause
Ref.
Sec 3
Sec 2(d)
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 2(b)
4.
Sec. 6A(1)
91
Sec 6(2)
Sec 8(1)
In Transit sales:
Where in transit sales are made Form EI or EII are to be
furnished by the selling dealer to the purchasing dealer
and in turn purchasing dealer shall be furnishing Form C
to the selling dealer. EI and EII forms are to be furnished
from all subsequent sales after first sale is made in the
series. CST @4% shall be charged only at the first stage
of sale.
The applicable rate of CST is 4% against C Form.
Where C form is not furnished to the assessing authority
the tax on that part of turnover shall be levied at the rate
of 10% or at the rate applicable to the sale of such
goods inside the appropriate state, whichever is higher.
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Sec 9(2)
Sec 2(f)
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92
93
Section /
Clause Ref.
TAMILNADU
1.
Sec 7F(1)
Sec 7F(1)
3.
Rule 18F(1)
4.
Sec 7F(3)
Rule 18F(2)
Payment is to made
individually for each party
within 7 days of Deduction in
Form XXXVII in Triplicate
Cheque is to be made in
favour of CTO, TDS Circle,
Chennai.
TDS Certificate to be
issued In Form XXXVII-A
within 15 days of date of
deposit of tax.
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94
MAHARASHTRA
1.
Sec 6B(1)
Sec 6B(2)
4.
Rule 8B(2)
Sec 6B(3)
Rule 8B(3)
Monthly Return in
Duplicate in Form XXXXI
is to be submitted to the
AO of the Contractor
within 20 days from the
end of each month
PUNJAB
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Sec10C(1)
2.
3.
4.
95
Sec 10C(3)
Rule 25A(3)
Rule 25A(2)
Rule 25A(3)
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96
Rule 25A(1)
ANDHRA PRADESH
1.
Sec 5H(1)
Rule 17I(1)
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Rule 17I(2)
97
TDS shall be deposited within
15 days of the following
month.
Rule 17I(3)
DELHI
1.
2.
Sec 7(1)
Rule 7(c)
Rule 7(e)
Sec 7(4)
Rule 7(a)
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4.
5.
Sec 7(5)
Rule 7(b)
Sec 7(10)
Rule 7(f)
Sec 8(1)
Rule 8(1)
98
6.
Sec 9
Rule 9
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99
WEST BENGAL
1.
Sec 38(1)
Rule 169
Rule 170
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Rule 171
Rule 169(7)
A monthly divisional account statement
showing the total amount of tax deducted shall
be sent to the Commissioner with 45 days from
the end of each month.
100
A Monthly Scroll in Form No,
27 along with TDS Challans
and TDS Certificates issued
shall be filed with
commissioner within 45 days
from the end of each month.
A monthly divisional account
statement showing the total
amount of tax deducted shall
be sent to the Commissioner
with 45 days from the end of
each month.
RAJASTHAN
1.
Sec 7
2.
Rule 43(5)
The entire amount deducted on account 15 days from the end of the
of TDS shall be deposited within 15 days each month in form ST-10 in
quadruplicate.
from the end of the each month in form
ST-10 in quadruplicate. The payment is
to be made individually for all
contractors. Cheque is to be made in
favour of CTO, WCT & L, Jaipur Zone II.
3.
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5.
Rule 43(1)
6.
101
A Monthly Statement along
with Form No.28, Copy of
Challan shall be submitted to
the Assessing officer within
one month from the date of
Deposit of tax.
1.
Sec 8D(2)
2.
Sec 8D(3)
The entire amount deducted on account 30 days from the end of the
of TDS shall be deposited within 30 days each month in form prescribed
in quadruplicate
from the end of the each month in form
prescribed in quadruplicate. The
payment is to be made consolidated for
all contractors. Cheque is to be made in
favour of Syndicate Bank-Account Trade
tax.
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102
Sec 8D(4)
HIMACHAL PRADESH
1.
Sec 12A
Rule 31A(3)
The entire amount deducted on account 15 days from the end of the
of TDS shall be deposited within 15 days month for which it is made in
from the end of the month for which it is form ST-X in quadruplicate.
made in form ST-X in quadruplicate. The
payment is to be made individually for all
contractors. Cheque is to be made in
favour of Excise and Taxation Officer.
3
Rule 31A(4)
Rule 31A(5)
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103
CHHATISGARH
1.
Sec 35(1)
Sec 35D
2.
Rule 42
Rule 42
Sec 35C
Rule 42B
HARYANA
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Sec 25B
2.
Rule 30A
104
Rule 30A
4.
MADHYA PRADESH
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 35(1)
2.
Rule 42(2)
105
Rule 42(3)
ASSAM
1.
Sec 27
TDS on works Contract at the Rate of 4% is to be deducted
where aggregate payment made to the contractor during the
financial year exceeds Rs. 5,000.
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Rule 35
106
TDS shall be deposited within
10 days from the end of the
month for which deduction is
made in form no. XII in
quadruplicate.
Rule 35
BIHAR
1.
Sec 25
Rule 26A
Rule 26A(3)
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107
3.
4.
Rule 26A(5)
GUJARAT
1.
Sec 57B
2.
Sec 57B(6)
Rule 32A
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108
Sec 57A
ORISSA
1.
Sec 13AA(1)
TDS on works Contract at the Rate of 4% is to be deducted
where aggregate payment made to the contractor during the
financial year exceeds Rs. 1,00,000.
2.
Sec 13AA(3)
Rule 37A
The entire amount deducted on account
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109
Rule 37B
TRIPURA
1.
2.
Sec 3A
Rule 3A
Rule 3A(3)
Sec 3A(4),
Sec 3A(5)
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Sec 3A(6)
110
The person making deduction
shall furnish to the
Superintendent of Taxes
having jurisdiction over the
area, a report of such
deduction within 15 days of
date of deposit in Form VI-A
NOTE: For all other states TDS on works Contract is not applicable. While paying tax
on works contracts, it is important to deduct the value of services from the contract
and pay tax only on the component of goods or materials used in the contract.
Service tax is applicable on the services provided under a composite works contract.
Sutlej-S.D.Singh/H.R. Doc./2012
Sl.
No.
Sectio
n/
Clause
Ref.
111
Sec
7(1)
Sec
7(6)
Sec
7(9)
Sec 8
Sec 9
Change to be communicated:
It shall be the duty of an employer to notify to the inspector, in
prescribed form any change in any of the particulars contained in
the statement submitted u/s 7 with in such period, after the
change has taken place, as the state govt. may prescribe. The
inspector shall on receipt of such notice and the prescribed fees
and on being satisfied about its correctness, amend the
registration certificate or issue a fresh certificate if necessary.
Closing of the Establishment to be communicated:
The employer shall within 10 days on his closing the establishment,
notify to the inspector in writing accordingly.
Sec10
& Sec
11
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Complied
with
(Yes/No)
112
8
Sec 14
(3)
9
Sec 15
10
Sec 16
& Sec
17
Spread-over:
The spread-over of an employee in a shop and in a commercial
establishment shall not exceed 11 hours in any day.
Provided that in case of employees working in shops in accordance
with the provisions of section 14(2), the spread-over shall not exceed
14 hrs in any such day and where he works on any day in accordance
with the provisions of section 14(3), the spread-over shall not exceed
16 hours in any such day.
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113
11
Sec 18
Holidays in a week:
(1) Every shop & commercial establishment shall remain closed on
one day of the week. Except where the day is fixed under subsection (1B) the employer shall prepare a calendar or list of such
closed days notify such calendar or list to the inspector and
specify it in a notice prominently displayed in a conspicuous
place. Such calendar or list shall be prepared at the beginning of
the year.
(1A) Notwithstanding anything contained in sub-section (1) but
except where the day is fixed under sub-section (1B), it may remain
open on any day notified as a closed day under sub-section (1), if
(a) it remains closed on any other day of the week; and
(b) the employer has notified to the inspector, his intention of such
closure at least 7 days before the substituted day under clause
(a) or the day notified as closed day under sub-section (1),
whichever is earlier.
(1B) The state govt., in respect of any area, may fix the day on which
a shop or commercial establishment shall remain closed every week.
Provided that nothing in this clause shall apply to a shop or
commercial establishment, the employer of which has notified to the
inspector at the beginning of the year his intention to close on a public
holiday with in the meaning of Negotiable Instruments Act, 1881.
No deduction shall be made from the wages of any employee on
account of any day on which it has remained closed under this
section. If the employee is employed on daily wage, he shall none the
less be paid his daily wage for the day. Similarly if any employee is
paid a piece rated wage, he shall none the less be paid his wage for
the day at a rate equivalent to the daily average of his wages during
the six days preceding such closed day.
Every
shop
&
commercial
establishment shall remain closed on
one day of the week subject to
provisions contained in clause (1A)
and (1B) of section18.
13
14
Sec 32
No child shall be required or allowed to work whether as employee or
otherwise in any establishment.
Sec 33
Sec 34
Sutlej-S.D.Singh/H.R. Doc./2012
16
Sec
34A
114
Leave:
Sec 35
(1) (a) Subject to the provisions of clause (b), every employee who
has been employed for not less than 3 months in any year, shall for
every 60 days on which he has worked during the year be allowed
leave for a period of not less than 5 days.
(b)
every employee who has worked for not less than 240 days,
during a year shall be allowed leave for a period of not less than 21
days.
Provided that such leave may be accumulated upto a maximum period
of 63 days.
Explanation: The leave allowed to an employee under clauses (a) &
(b) shall be inclusive of the day or days during the period of such
leave on which a shop or commercial establishment remains closed
u/s 18.
(1B) In addition to above, every employee shall be entitled to leave
with wages as follows :(i)
(ii)
(iii)
18
19
Sec 36
Every employee shall be paid for the period of his leave at a rate
equivalent to the daily average of his wages for the days on which he
actually worked during the preceding 3 months, exclusive of any
earning in respect of overtime.
An employee, who has been allowed leave u/s 35 shall, before his
leave begins, be paid half the total amount due to him for the period
of such leave.
Sec 37
Sec 39,
Sec 39,
sec 40,
Sec 41
and
Sec 42
Sutlej-S.D.Singh/H.R. Doc./2012
21
Sec 51
Produce
before
inspector
for
inspection
all
the
documents
maintained under this act.
Sec 62
Maintenance of Registers and records and display or notices:
Subject to the general or special order of the state govt., an employer
shall maintain such registers and records and display on premises of
his establishment such notices as may be prescribed. All such
registers and records shall be kept on the premises of the
establishment to which they relate.
Rule 23:
i)
ii)
iii)
iv)
v)
vi)
22
115
Sec
62A
Sutlej-S.D.Singh/H.R. Doc./2012
Maintain a register of
employment in Form I,
provided that where the
opening and closing hours
are ordinary uniform the
employer may maintain such
register in form J.
Maintain a register of leave
in Form N
Provide to the employees a
book called Leave Book in
Form O.
Exhibit in the establishment a
notice
containing
such
extracts of the act and rules
as the local authority and
Government may direct.
Preserve the registers and
records until the end of the
next year.
Maintain a visit book in
which the inspector visiting
may record his remarks.
Sec
62B
Rule
25
24
Exhibition of Signboard:
Every employer shall conspicuously display on the main entrance,
a wooden or metal signboard of such size, painted in such manner
and containing such particulars as may be prescribed.
116
Sec 63
Wages for overtime work:Where an employee in any establishment other than a residential
hotel, restaurant or eating house, is required to work in excess of the
limit of hrs of work, he shall be entitled, in respect of the overtime
work, to wages at the rate of one & a half times his ordinary rate of
wages.
Sec 66
Notice of termination of Services:
No employer shall dispense with the services of an employee who has
been in his continuous employment :(a) for not less than a year, without giving such person at least 30
days notice in writing or wages in lieu of such notice;
(b) for less than a year but more than 3 months, without giving such
person at least 14 days notice in writing or wages in lieu of such
notice.
Provided that such notice shall not be necessary where the services of
such employees are dispensed with for misconduct.
Sutlej-S.D.Singh/H.R. Doc./2012
117
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 6,
6A, 6C
Notes:
1. Wages for the purpose means all emoluments
earned by an employee while on duty (or on leave or
on holidays with wages) but does not include:
(iii)
The cash value of any food concessions.
(iv)
Any Dearness Allowance, House Rent
Allowance, Overtime Allowance, Bonus,
Commission or any other similar allowance
payable to employee.
2. Para. 7 of Employees Deposit Link Insurance
Scheme, 1976 Where the monthly pay of the
employee exceeds Rs. 6500, the contribution payable
by the employer in respect of Deposit Link Insurance
Scheme shall be calculated on a monthly pay of Rs.
6500.
Sutlej-S.D.Singh/H.R. Doc./2012
118
Calculate the amount of
contribution as per the
section
119
Para. 38
of PF
Scheme,
Para 8 of
Deposit
Link ins.
Scheme.
Para
38(2) of
PF
scheme.
5.
Para
38(3) of
PF
Scheme
6.
Para 34,
36(2) of
PF
Scheme
and
Para. 10
of
Deposit
Link
Insuranc
e
Scheme.
7.
3.
4.
8.
Sutlej-S.D.Singh/H.R. Doc./2012
Para. 43
of PF
Scheme
120
Prepare the statement in
From 6 and send the
statement along with
Contribution Card to the
Commissioner within one
month from the end of
each month.
Notes:
2. Sec. 12 of the Act. No employer shall reduce the wages of the employee on
account of the contribution made by the employer.
Sutlej-S.D.Singh/H.R. Doc./2012
121
Section / Clause
Ref.
Applicability
Sec 1
Requirements for
Implementing
Every establishment to which this Act applies shall apply for Apply for the registration to the
registration to the registering officer in Form I in triplicate.
Registration Officer or Licensing
Officer (Central or State
At present there is no uniform practice for registration under the aforesaid Act and circles
Government) in Form I as
are registering under the State Government or the Central government depending on the
applicable.
notices received from the labor department. A writ has been filed in the High Court at Delhi
and Bangalore seeking clarification on the jurisdiction( whether State or Central) from the
court since notices have been received from the central and state authorities in many states
seeking registration under both departments. The outcome of the case will be intimated for
compliance. At this point, it is necessary to ensure that every circle is registered under at
least one department )either state or central government department) pending issue of a
formal clarification or notification
Sec 29
Sutlej-S.D.Singh/H.R. Doc./2012
Complie
with
(Yes/No
Rule 74
Rule 73
Rule 82(2)
Rule 81(3)
122
establishment as required.
A register of Contractor is
to be maintained in FormXII.
Certify at the end of the
Register of Wages that the
wages are paid in the
presence of the authorised
representative of the
Principal Employer.
In every establishment where more than 100 Contract labour If the contractor does not provide
are employed and it is likely that work will continue for more the canteen facility then provide
than 6 months than an adequate canteen shall be provided for the same in the
by the contractor within sixty days from the date of establishment.
commencement of the employment of Contract labour. If the
Contractor fails to provide the canteen then principle
employer shall provide the same.
In every establishment wherein contract labour is required to If the contractor does not provide
halt at night in connection with the work, the contractor shall the rest room facility then
provide for the rest rooms.
provide for the same in the
If the said facility is not provided by the contractor then that establishment.
should be provided by the Principal Employer
Principal Employer has to send Annual Return in Form
Submit a return in Form XXV
XXV in Duplicate on or before 15th February following
on or before 15th February
the End of the Concerned year to Labour Commissioner. following the end of the
concerned year to the Labour
Commissioner.
Every Principal Employer shall with in 15 days of the Submit a return in form VIB
commencement and completion of each contract work within 15 days of
submit a return to the inspector intimating the actual commencement and
date of commencement or completion of such contract completion of contract work to
work in Form-VIA.
the inspector.
Sutlej-S.D.Singh/H.R. Doc./2012
123
Section /
Clause
Ref.
Sec. 2 (ii)
& Sec.6
2.
4.
Sec 72
Sec 61
Sutlej-S.D.Singh/H.R. Doc./2012
Requirements of
Implementation
Application for
Registration should
be made to Chief
inspector of Factory
of the State
These
Notices
should be Affixed in
Visible Place in the
factory premises.
124
6.
Sec.11 to
20
7.
Sec. 42 to
49
8.
Sec 114
Sutlej-S.D.Singh/H.R. Doc./2012
Annual return
should
be
submitted
to
the
chief
inspector
of
Factory by 31st
December.
Half-Yearly
Return should
be
submitted
By 30th June.
3. Accident
Annual Return
shall
be
submitted
by
First Week of
February.
It should be ensured
that
the
proper
Compliance
has
been made in these
regards.
All
the
welfare
measures should be
complied with.
125
Section /
Clause Ref.
1.
Sec 1
Applicability
2.
Sec 4(1),
2(e), 2A
Sutlej-S.D.Singh/H.R. Doc./2012
Determine whether a
employee is eligible
be paid Gratuity as p
the section
Continuous Service
For the purpose of this Act
(1) An employee shall be in continuous service if he has
been in uninterrupted service, including service which
may be interrupted on account of sickness, accident,
leave, absence from duty without leave, lay off, strike or a
lock out or cessation of work not due to fault of the
employee.
(2) Where an employee is not in continuous service as per
clause (1) above, he shall be deemed to be in continuous
service under the employer
(a) For the period of one year, if the employee during the
period of 12 calendar months preceding the date has
actually worked under the employer for not less than
(i)
(ii)
(b) For the period of six months, if the employee during the
period of six months preceding the date, has actually
worked under the employer for not less than
(i)
(ii)
126
4.
Sec. 4(2)
Sec7(2)
Sutlej-S.D.Singh/H.R. Doc./2012
127
As soon as Gratuity
becomes payable
employer shall
determine the amoun
of Gratuity payable a
give notice in writing
the person to whom
Gratuity is payable a
also to the controlling
authority specifying t
amount of Gratuity s
determined.
6.
Sec 7(4)(a),
7(4)(b)
7.
Rule 3 of
Central
Rules
128
Submit a notice in
Form A or Form B o
Form C as required
the Rule.
Rule 4 of the
Central
Rules
9.
Rule 6(2) of
the Central
Rules
Display a notice at
main entrance giving
name of the person
who is authorised to
receive notices unde
the act
Within 30 days of the receipt of nomination in Form F the employer Verify the contents o
Form F of nominatio
shall get the service particulars of the employee as mentioned in
the form and verify them with reference to the records of the
given by the employe
establishment. After verifying the contents return to the employee a with the records of th
duplicate copy of the Form F duly attested by the employer or any
establishment and
authorised officer in this behalf.
return duly attested
copy of the form to h
Sutlej-S.D.Singh/H.R. Doc./2012
11.
Rule 7 and 8
of the
Central
Rules
Rule 20 of
the Central
Rules
Sutlej-S.D.Singh/H.R. Doc./2012
129
Display an abstract o
the act and rules ma
thereunder given in
Form U in English a
in the language
understood by the
majority of the
employees at or nea
the main entrance of
the establishment.
130
Sl.
No.
Section /
Clause Ref.
1.
2.
Requirements For
Implementing
Sutlej-S.D.Singh/H.R. Doc./2012
Registration to be done
within 15 days from the
applicability of the Act.
Declaration of Registration in
Form 01 to be submitted
containing particulars
required by the section.
4.
5.
Sec 43 &
Rule 31 of
General
Regulations
Rule 51 of
Central
Rules
131
Collect the declaration of
new employees and existing
employees as per From 1 and
submit the return in Form 3
along with Form 1 to the
prescribed office within 10
days.
Deliver the Temporary
Identification Certificate to the
employee to whom it relates
containing the Insurance
Number on it.
Enter the Insurance Number
allotted to the employee on the
Return of Contribution under
Rule 26.
Some of the Particulars of
Form 1 are:
(vi)
Name of the employee.
(vii)
Permanent Address
(viii) Particulars of
Employment
(ix)
Nomination Particulars
(x)
Temporary Identification
Certificate.
Sutlej-S.D.Singh/H.R. Doc./2012
132
6.
Sec 44 &
Rule 26 of
General
Regulation
7.
Rule 66 of
General
Regulations
8.
Rule 102A of
General
Regulations
Sutlej-S.D.Singh/H.R. Doc./2012
133
Section /
Clause Ref.
Applicability
Sec 12
Sec 18 &
Rule 21(4),
25(2), 26(5),
26(1), Rule
26A.
Rule 21(4A)
Rule 22
Rule 26A
Sutlej-S.D.Singh/H.R. Doc./2012
Complie
with
(Yes/No
134
Sec 6
Sec 7
Requirements for
Implementing
(ii)
Deductions For:
provided
by
Complied wit
(Yes/No)
135
Sec 10(2)
Sec 13A
Sec 25
Sutlej-S.D.Singh/H.R. Doc./2012
136
Sec 9A
Sec 3
Sec 5
Sec 17A
Sec 25D
Sec 24
Sec 24
Sec 24
Sec 24
Requirements for
Implementing
Sutlej-S.D.Singh/H.R. Doc./2012
Complied with
(Yes/No)
137
Sec-4
Requirements for
Implementing
Sutlej-S.D.Singh/H.R. Doc./2012
Complied with
(Yes/No)
138
Requirements for
Implementing
Rule 4(a)
Computation of Allocable Surplus
Rule - 4(b)
Set on & Set off the allocable surplus
Rule- 4(c)
Amount of Bonus due to each employee,
deduction there-from and amount disbursed
Annual Return
Other obligations
Sec -10
Payment of Bonus
Sec- 27
Co-operate with Inspectors
Sutlej-S.D.Singh/H.R. Doc./2012
Complied with
(Yes/No)
Sutlej-S.D.Singh/H.R. Doc./2012
139
o.
140
Section /
Clause Ref.
Sec 1(2)
Rule-50
Applicability
Sec 16
Sec-3
Sec-10A &
10B
Requirements for
Implementing
Sutlej-S.D.Singh/H.R. Doc./2012
Complied
with
(Yes/No)
141
Section / Clause
Ref.
Applicability
Sec 1
Requirements for
Implementing
Every establishment to which this Act applies shall apply for Apply for the registration to the
registration to the registering officer in Form I in triplicate.
Registration Officer or Licensing
Officer (Central or State
At present there is no uniform practice for registration under the aforesaid Act and circles
Government) in Form I as
are registering under the State Government or the Central government depending on the
applicable.
notices received from the labor department. A writ has been filed in the High Court at Delhi
and Bangalore seeking clarification on the jurisdiction( whether State or Central) from the
court since notices have been received from the central and state authorities in many states
seeking registration under both departments. The outcome of the case will be intimated for
compliance. At this point, it is necessary to ensure that every circle is registered under at
least one department )either state or central government department) pending issue of a
formal clarification or notification
Sec 29
Sutlej-S.D.Singh/H.R. Doc./2012
Complie
with
(Yes/No
Rule 74
Rule 73
Rule 82(2)
Rule 81(3)
142
A register of Contractor is
to be maintained in FormXII.
Certify at the end of the
Register of Wages that the
wages are paid in the
presence of the authorised
representative of the
Principal Employer.
In every establishment where more than 100 Contract labour If the contractor does not provide
are employed and it is likely that work will continue for more the canteen facility then provide
than 6 months than an adequate canteen shall be provided for the same in the
by the contractor within sixty days from the date of establishment.
commencement of the employment of Contract labour. If the
Contractor fails to provide the canteen then principle
employer shall provide the same.
In every establishment wherein contract labour is required to If the contractor does not provide
halt at night in connection with the work, the contractor shall the rest room facility then
provide for the rest rooms.
provide for the same in the
If the said facility is not provided by the contractor then that establishment.
should be provided by the Principal Employer
Principal Employer has to send Annual Return in Form
Submit a return in Form XXV
XXV in Duplicate on or before 15th February following
on or before 15th February
the End of the Concerned year to Labour Commissioner. following the end of the
concerned year to the Labour
Commissioner.
Every Principal Employer shall with in 15 days of the Submit a return in form VIB
commencement and completion of each contract work within 15 days of
submit a return to the inspector intimating the actual commencement and
date of commencement or completion of such contract completion of contract work to
work in Form-VIA.
the inspector.
Sutlej-S.D.Singh/H.R. Doc./2012
143
Section /
Clause Ref.
1(2)
Applicability
Sec 5 A & 5B
Sec 5(3)
Sec 9
Sec 9A
Sec 10
Sec 11
Sec 8
Sec 19
Requirements for
Implementing
Sutlej-S.D.Singh/H.R. Doc./2012
Complied
with
(Yes/No)
144
Section /
Clause
Ref.
1.
Sec 2(a)
2.
Sec 21(1),
Sec 19(1)
3.
Sec 21(5)
4.
Sec 22
Sutlej-S.D.Singh/H.R. Doc./2012
6.
Sec 24(2)
145
Section /
Clause
Ref.
Sec 2(b)
2.
Sec 7
3.
Sec 9 and
Rule 12
Sec 10(2)
Sutlej-S.D.Singh/H.R. Doc./2012
Rule 14
146
Submit an environmental
statement for the financial
ending on 31st Mar in From
to the concerned State
Pollution Control Board on
before 30th Sept. each yea
Section /
Clause
Ref.
Sec
24(1)(a)
2.
Sec 25(1)
3.
Sec.25(2)
1.
Requirements For
Implementing
No person shall knowingly cause any poisonous, noxious or
polluting matter into any stream or well or sewer or on land
determined in accordance with such standards as may be laid
down by the state Board.
Sutlej-S.D.Singh/H.R. Doc./2012
147
Section /
Clause
Ref.
1.
Sec 2(a)
2.
Sec 21(1),
Sec 19(1)
3.
Sec 21(5)
4.
Sec 22
Sutlej-S.D.Singh/H.R. Doc./2012
6.
Sec 24(2)
148
Section /
Clause
Ref.
Sec 2(b)
2.
Sec 7
3.
Sec 9 and
Rule 12
Sec 10(2)
Sutlej-S.D.Singh/H.R. Doc./2012
Rule 14
149
Submit an environmental
statement for the financial
ending on 31st Mar in From
to the concerned State
Pollution Control Board on
before 30th Sept. each yea
Section /
Clause
Ref.
Sec
24(1)(a)
2.
Sec 25(1)
3.
Sec.25(2)
1.
Requirements For
Implementing
No person shall knowingly cause any poisonous, noxious or
polluting matter into any stream or well or sewer or on land
determined in accordance with such standards as may be laid
down by the state Board.
Sutlej-S.D.Singh/H.R. Doc./2012
150
PROFESSIONAL TAX
Sl.
No.
Section /
Clause
Ref.
ANDHRA PRADESH
1.
Sec 1
2.
Sec 2
3.
Sec 5
Sec 10
Sutlej-S.D.Singh/H.R. Doc./2012
151
Sec 6(1)
Rule 3(1)
5.
Sec 7(1)
6.
Rule 8
7.
Rule 19
Rule 20
SCHEDULE FIRST
Sl. No.
CLASS OF ASSESSEE
RATE OF TAX
Per month/ per annum
1.
NIL
wages
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
2.
3.
Sl.
No.
Section /
Clause
Ref.
MADHYA PRADESH
Sutlej-S.D.Singh/H.R. Doc./2012
152
NIL
Rs. 110/- p.a.
Rs. 400/- p.a.
Rs. 1000/- p.a.
Rs. 2500/- p.a.
Sec 3
2.
Sec 4
Employers Liability:
The tax payable under this Act by any person
earning a salary or wage shall be deducted
monthly in the prescribed manner by his
employer from the salary or wage payable to such
person before such salary or wage is paid to him
and such employer shall, irrespective of whether
such deduction has been made or not, when the
salary or wage is paid to such person, be liable to
pay tax on behalf of all such persons.
Where the person earning a wages or salaries:
Sutlej-S.D.Singh/H.R. Doc./2012
153
154
3.
Sec 5
4.
Sec 8
Rule 3
Rule 7
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 9
Rule 11
155
6.
Rule 13
7.
Sec 11
Assessment of tax:
The amount of tax due from an employer or person
under this Act shall be assessed separately for each
year.
8.
Sec 19
Rule 14
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 12
Rule 15
Payment of Tax:
The amount of tax deducted by an employer from
the salary or wage of his employees shall be paid
by treasury challan in From 10 within ten days of
the end of the month for which the deduction has
been made.
The amount of tax due from persons other than
employers shall be paid for every year :
(a) In respect of a person registered before the
commencement of a year or registered on or
before 31st August of a year Before 30th
September of the year.
156
CLASS OF ASSESSEE
1.
2.
3.
Sutlej-S.D.Singh/H.R. Doc./2012
RATE OF TAX
Per month/ per annum
NIL
Rs. 360( Rs. 30 per
month)
Rs 720( Rs 60 per
month)
Rs 1080( Rs 90 per
month)
Rs 1800( Rs 150 per
month)
Rs. 2100( Rs 175 per
month)
Rs 2500.( Rs 208 per
month)
Rs. 2500/- p.a.
NIL
Rs. 1000/- p.a.
Sl.
No.
Section /
Clause
Ref.
RAJASTHAN
1.
Sec 3
Sutlej-S.D.Singh/H.R. Doc./2012
157
Sec 5
Employers Liability:
The tax payable under this Act by any person
earning a salary or wage shall be deducted
monthly in the prescribed manner by his
employer from the salary or wage payable to such
person before such salary or wage is paid to him
and such employer shall, irrespective of whether
such deduction has been made or not, when the
salary or wage is paid to such person, be liable to
pay tax on behalf of all such persons.
158
3.
4.
Sec 6
Rule 3
Rule 4
Rule 6
Sec 7
Rule 10
Every employer shall pay the amount of tax within 15 days of the
disbursements of wages or salaries in Form PT-12.
Sutlej-S.D.Singh/H.R. Doc./2012
159
Annexure A
Quarter Ending On
30th June
30th September
31st December
31st March
5.
Rule 18
Rule 19
6.
Rule 20
Sl.
No.
Section /
Clause
Ref.
30th June
30th September
31st December
31st March
WEST BENGAL
1.
Sec 3
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 4
160
Sec 5
Rule 3
4.
Sec 6
Rule 12
Registration:
Every employer shall apply for registration to the
prescribed authority in Form I within 90 days from the
date of first becoming liable to pay tax.
Every person who is required to obtain certificate of
enrolment shall apply if Form II within 90 days of first
becoming liable to pay tax.
Return and Payment of Tax:
Every employer shall furnish return quarterly in
Form III within 30 days for the end of each quarter
and such return shall be accompanied by a
receipted challan showing payment of tax
payable.
The tax shall be paid as follows:
1. Where the tax payable in a year does not
exceeds Rs. 3,000 Tax shall be paid quarterly
before the date of filing of return.
2. Where the tax payable in a year exceeds Rs.
3,000 Shall be paid monthly as follows:
(a) For the first two months of the quarter within
21 days of the end of each months.
(b) For the third month Before filing the return.
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 8
161
Sec 15
Rule 12A
6.
2.
CLASS OF ASSESSEE
Persons in employment whose monthly
salary or wages are:
(a) Rs. 1500 or less
(b) Rs. 1500- 2000
(c) Rs.2001-3000
(d) Rs. 3001-5000
(e) Rs. 5001-6000
(f) Rs. 6001-7000
(g) Rs. 7001-8000
(h) Rs. 8001- 9000
(i) Rs. 9001-15000
(j) Rs. 15001-25000
(k) Rs. 25001-40000
(l) exceeding Rs 40001
Dealers liable to pay tax under West Bengal
Sales Tax Act or Central sales Tax Act
whose turnover of sales is:
Sutlej-S.D.Singh/H.R. Doc./2012
RATE OF TAX
Per month/ per annum
NIL
18 p.m.
25 p.m.
30 p.m.
40 p.m.
45 p.m.
50 p.m.
90 p.m.
110 p.m.
130 p.m.
150 p.m.
200 p.m.
3.
Sl.
No.
Section /
Clause
Ref.
Rs 150 p.a.
Rs. 300 p.a.
Rs. 600 p.a.
Rs 1200 p.a.
Rs. 2000 p.a.
Rs. 2500 p.a.
Rs. 2500/- p.a.
GUJRAT
1
Sec 2 (d)
Sutlej-S.D.Singh/H.R. Doc./2012
162
163
Sec 2 (g)
Sec 3 (2)
Sec 3 (3)
Sec 4
The tax payable under this act by any person earning a salary or wage shall
be deducted by his employer from the salary or wage payable to such person,
before such salary or wage is paid to him, and such employer shall be liable
to pay tax on behalf of all such persons irrespective of the fact whether such
deduction has been made or not
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164
Sec 5 (1)
Rule 3 (1)
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 5 (2)
165
Rule 4 (2)
Sec 5 (3)
The prescribed authority shall mention in every such period as prescribed in the
certificate of enrolment the amount of tax Certificate of Enrolment.
payable by the holder according to Schedule I,
and the date by which it shall be paid, and such
certificate shall serve as a notice of demand.
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166
Sec 6
Returns:
(1)
(i)
Rule 11
(2)
Rule 11
(4)
Sec 16
If the commissioner is satisfied that the books of accounts and other documents
maintained by an employer in the normal course of his business are not adequate
for verification of the returns filed by the employer under this act, it shall be
lawful for the commissioner to direct the employer to maintain the books of
accounts or other documents in such manner as he may in writing direct and
thereupon the employer shall maintain such books of accounts or other documents
accordingly.
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167
SCHEDULE I
(Rates of Tax on Professions, Trades. Callings and employments)
S.No.
Classes of Assesses
3 (v)
Tax
Nil
Rs.20 per mo
Rs.40 per mo
Rs.60 per mo
Rs.80 per mo
Companies registered under the Companies Act, 1956 and engaged in any
profession, trade or calling.
a)
Private limited companies
Rs.500 every
b)
public limited companies
Rs.1000 ever
Employers of establishments as defined in the Bombay Shops and
establishments Act, 1948(not being dealers covered by entry 7), whereon an
average employees employed in the establishment during a year are more than
5 per day, if the establishment is situated in
a)
b)
a city
Rs.250 every
a municipal borough, the population of which as ascertained at the last Rs.200 every
preceding census is more than 100000 and in the area adjoining such
municipal borough to the extent of 3 km from its limits
c)
a specified area
Rs.150 every
Dealers as defined in the Gujrat Sales Tax Act, 1969, whose annual gross
turnover of all sales or of all purchases isa)
b)
c)
d)
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Nil
Rs.250 every
Rs.500 every
Rs.1000 ever
Sl.
No.
Section /
Clause
Ref.
KARNATAKA
1
Sec 2(h)
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168
Sec 3 (3)
169
Note:
i)
No tax shall be payable by the persons
who have attained the age of 65 years.
ii)
Sec 4
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170
Sec 5
Sec 6
Sutlej-S.D.Singh/H.R. Doc./2012
Sec 6-A
(1)
171
Sec 10
(2)
Sec 19
Accounts:
(1)
If the assessing officer is satisfied that the books of accounts and other
documents maintained by an employer in the normal course of his
business are not adequate for verification of the returns filed by the
employer under the Act, it shall be Lawful for him to direct the employer
to maintain the books of accounts and other documents in the manner as
it may in writing direct and thereupon the employer shall within the time
specified therein maintain such books of accounts or other documents
accordingly.
Rule 8
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Rule 18
172
SCHEDULE
Rates of Tax on Professions, Trades, Callings and Employments
S. No.
Class of Persons
Rate of Tax
1
13
15
25
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Nil
Rs.1000 per annum
Rs.1500 per annum
Rs.2500 per annum
Nil
Rs.1000 per annum
Rs.1500 per annum
Rs.2500 per annum
Rs.2500 per annum
173
52
53
a)
b)
61
Section /
Clause
Ref.
1.
Sec 2(a)
2.
Sec 21(1),
Sec 19(1)
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4.
Sec 22
5.
Sec 23
6.
Sec 24(2)
174
Section /
Clause
Ref.
Sec 2(b)
2.
Sec 7
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Sec 9 and
Rule 12
175
Sec 10(2)
5.
Rule 14
Submit an environmental
statement for the financial
ending on 31st Mar in From
to the concerned State
Pollution Control Board on
before 30th Sept. each yea
Section /
Clause
Ref.
Sec
24(1)(a)
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Sec 25(1)
3.
Sec.25(2)
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176
177
1.Child labour:
No child below the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment
No Child who has not completed his fourteenth year shall be required or allowed to
work in any factory.
Shops and Commercial Establishment Act.
No child shall be required or allowed to work whether as an employer or otherwise in any
establishment, not withstanding that such child is a member of the family of the employer.
U.S. Laws Prohibiting the Importation of Goods Made with Child Labor
The
Sanders
Amendment
to
the
Trade
Act
of
1930
The Tariff Act of 1930 prohibits the importation of products made with forced or indentured labor into the
U.S. In 1997 the Sanders Amendment clarified that this applies to products made with forced or indentured
child labor.
Young Workers
A child who has completed his fourteenth year or an adolescent shall not be required
of allowed to work in any factory unless:(d) a certificate of fitness granted with reference to him under section 69 is in the custody of the
Manager of the factory, and
(e) such child or adolescent carries while he is at work a token giving a reference to such
certificate..
(f) Document of Proof of Age
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178
Clause 1 (iv) Every workman shall indicate his exact date of birth to the employer or
the officer authorized by him in this behalf, at the time of entering service of the
establishment.
The employer or the officer authorized by him in this behalf may before the date of birth of a workman is
entered in his service card, require him to supply:
(v)
His matriculation or school leaving certificates granted by the Board of Secondary Education or
similar educational authority.
(vi)
A certified copy of his date of birth as recorded in the registers of a municipality, local authority
or Panchayat or Registrar of Births;
(vii)
In the absence of either of the aforesaid two categories of certificates, the employer or the officer
authorized by him in this behalf may require the workman to supply, a certificate from a
Government Medical Officer not below the rank of an Assistant Surgeon, indicating the probable
age of the workman provided the cost of obtaining such certificate is borne by the employer;
(viii)
Where it is not applicable to obtain a certificate from a Government Medical Officer, an affidavit
sworn, either by the workman or his parents, or by a near relative, who is in a position to know
about the workmans actual or approximate date of birth, before of First Class Magistrate or
Oath Commissioner, as evidence in support of the date of birth given by him.
Please do not quote this law for non- compliance issues related to proof of age (This law is only applicable
to union territories and central government undertakings like coal mines). You can quote the standing
order rules of the respective state.
For Example:
In accordance with Industrial employment (Standing Orders), Punjab Rules1978, Rules 4 A( iii)
Every workman shall indicate his exact date of the birth to the employer or the officer authorized by him in
this behalf, at the time of entering the service of establishment. The employer or the officer authorized by him
in this behalf may before the date of birth of a workman is entered in his service card, require him to supply:
(i)
His matriculation or school leaving certificates granted by the Board of Secondary Education or
similar educational authority.
(ii)
A certified copy of his date of birth as recorded in the registers of a municipality, local authority
or Panchayat or Registrar of Births;
(iii)
In the absence of either of the aforesaid two categories of certificates, the employer or the officer
authorized by him in this behalf may require the workman to supply, a certificate from a
Government Medical Officer not below the rank of an Assistant Surgeon, indicating the probable
age of the workman provided the cost of obtaining such certificate is borne by the employer;
(iv)
Where it is not practicable to obtain a certificate from a Government Medical Officer, an affidavit
sworn, either by the workman or his parents, or by a near relative, who is in a position to know
about the workmans actual or approximate date of birth, before of First Class Magistrate or
Oath Commissioner, as evidence in support of the date of birth given by him.
2.Forced Labour:-
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179
Prohibition
of
traffic
in
human
beings
and
forced
labour
(1) Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance with law.
3.Discrimination: The
Equality
before
law
The State shall not deny to any person equality before the law or the equal protection of the laws within the
territory of India.
The Constitution of India Article 15
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
The Constitution of India Article 17
Abolition
of
Untouchability
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability
arising out of "Untouchability" shall be an offence punishable in accordance with law.
The Equal Remuneration Act, 1976 Section 4
Duty of the employer to pay equal remuneration to men and women workers for same work or work of
similar nature
4. Freedom of Association:
Any seven or more members may by subscribing their names to the rules of the Trade Union and by otherwise
complying with the provisions of this Act can get itself registered under the Trade Union Act.
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180
Section 17 : No office bearer or member of a registered trade Union shall be liable to punishment for
Criminal Conspiracy under Indian Penal Code,1860 in respect of any agreement between the members for
the purpose of furthering any such object of the trade union.
Section 18: No suit or other legal proceeding shall be maintainable in any civil court against any registered
union or any office bearer or member thereof in respect of any act done in contemplation or furtherance of a
trade dispute to which a member of a trade union is a party.
No employer or workman or a trade union, whether registered or not, shall commit any act considered as
unfair labour practice. As per the prevailing Act of 1926, unfair labour practice includes:
iv)
v)
vi)
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181
No woman shall be required or allowed to work in any factory except between the hours of 6a.m. and
7p.m.
Provision regarding exclusion of women from employment during night shifts held discriminatory and
unconstitutional as violative of Article 14, 15(1) and 19(1)(g) of the constitution. Vasanta vs. Union of India,
2001(2) LLJ 843 Mad.
There shall be displayed and correctly maintained in every factory in accordance with the provisions
of subsection 108, a notice of periods of work for adults, showing clearly for every day the periods
during which adult worker may be required to work.
6.Compensation and Benefits: The Minimum Wages Act, 1948, Section 12 (1)
Where in respect of any scheduled employment a notification under section 5 is in force, the employer shall
pay to every employee engaged in a scheduled employment under him, Wages at a rate not less than the
minimum rates of wages fixed by such notification for that class of employees in that employment without any
deductions except as may be authorized with such time and subject to such condition as may be prescribed.
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182
The following items shall not be regarded as part of the minimum wages:
a) The value of any house accommodation, supply of light, water, medical attendance.
b) the value of any amenity or any service excluded by general or special order of the
appropriate government.
c) any contribution paid by the employer to any pension fund or provident fund or under the
scheme of social insurance.
d) any travelling allowance or the value of any travelling concession.
e) Any sum paid to the person employed to defray special expense entailed on him by the nature
of his employment.
f) Any gratuity payable on discharge
Maintenance of records
The Minimum Wages Act, 1948,Section 18(1)
Every employer shall maintain such registers and records giving such particulars of employees employed by
him, the work performed by them, the wages paid to them, the receipts given by them, and in such particulars
and in such forms as may be prescribed.
Wage Records
The Payment of Wages Act, 1936[Section 13-A (2)]
Section 13-A(2) Every register and record required to be maintained under this section shall ,for the purpose
of this Act be preserved for a period of three years after the date of the last entry made therein.
Wage Slips
The Minimum Wages (Central) Rules, 1950
Section 26(2) A Wage Slips shall be issued by every employer to every person employed by him at least a day
prior to the disbursement of wages.
Section 26(3) every employer shall get the signature or thumb impression of every person employed on the
register of wage register of wages and slips.
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183
Notices [Form IX- A] containing the minimum rates of wages fixed together with [abstract of] the
Act, Rules made there under and the name and the name and address of the Inspector shall be
displayed in English and in a language understood by majority of the workmen in the employment [at
the main entrance to the establishment and its office] and shall be maintained in a clean and legible
condition
Equal Remuneration
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184
(o) Deductions for damage to or loss of goods expressly entrusted to the employed person for custody or
loss of money for which he is required to account, where such damage or loss is directly attributable to
his neglect or default.
(p) Deduction for house accommodation supplied by the employer.
(q) Deductions for such amenities and services supplied by the employer.
(r) Deduction for recovery of advances of whatever nature and the interest due in respect thereof, or for
adjustment of over payments of wages.
(s) Deduction of Income tax payable by the employed person.
(t) Deduction required to made by order of a court or other authority competent to make such orders.
(u) Deductions for subscriptions to and for repayment of advances from the provident fund.
(v) Deduction for payment to cooperative societies approved by the state government.
(w) Deduction made for payment of premium on life insurance with the written authorization of the person
employed.
(x) Deduction made with the written authorization of the person employed for the payment of his
contribution to any fund constituted by the employer or the trade union registered under the Trade
Union Act, 1926.
Section 8 : (1) No fine shall be imposed on any employed person save in respect of such acts and omissions
on his part as the employer ,with the previous approval from the state government or of the prescribed
authority.
(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on
the premises in which the employment is carried on.
(3) No fine shall be imposed on any employed person until he has been given an opportunity of
showing cause against fine, or other wise than in accordance with such procedure as may be
prescribed for the imposition of fines.
(4) The total amount of fine which may be imposed in any wage period on any employed person
shall not exceed an amount equal to three percent of the wages payable to him in respect of that
wage period.
Cost of Living:
The Minimum wages Act, 1948 is a central legislation which allows the respective state Government to fix
minimum wage for the workers based on the on the cost of living at that particular place. No worker should
be paid less than the minimum wage. The Wage committees revise the minimum wages after every six months.
Norms for fixation of minimum wages
The norms include those, which were recommended by the Indian labour Conference in its session held in
1957.
(i) 3 consumption units for one earner.
(ii) Minimum food requirement of 2700 calories per average Indian adult.
(iii) Clothing requirements of 72 yards per annum per family.
(iv) Rent corresponding to the minimum area provided for under Governments Industrial Housing Scheme.
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185
(v)Fuel, Lighting and other miscellaneous items of expenditure to constitute 20% of the total Minimum
Wages.
Other Parameters
(i) Children education, medical requirement, minimum recreation including festivals/ ceremonies and
provision for old age, marriage etc should further constitute 25%of the total minimum wage. (ii) Local
condition and other factors influencing the wage rate.
Social Benefits
The
This Act is applicable to those employees whose basic wage is below 6500 INR per month.
The basic wage means all emoluments which are earned by an employee while on duty or on leave or on
holidays with wages in either case in accordance with the terms of employment and which are paid or
payable in cash to him.
This does not include:(iv)
the cash value of any food concession.
(v)
Any dearness allowance, overtime allowance, house rent allowance, bonus, commission or any
other similar allowance payable to the employee.
(vi)
Any present made by the employer
The Employee and the Employer both contribute 12% of the basic wage towards this fund. This fund entitles
the employee for provident fund, the employees pension scheme and deposit linked insurance scheme.
The onus is on the employer to pay the employees due as well as the employers due to the provident fund
authorities in time, failing in which the employer has to pay the amount as well as the interest of 12% on the
amount.
The act does not apply to a newly setup establishment for an initial period of 3 years starting from the first
setting up of the establishment.
Employees Provident Fund Amending Act, 1963: Contractors employees are eligible for provident fund benefits.
The
An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and
to make provision for certain other matters in relation thereto
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186
It shall apply in the first instance to all factories (including factories belonging to government) other than
seasonal industries.
Seasonal industry means the factory engaged in the following manufacturing process
Cotton ginning
Cotton and jute pressing
Decortications of groundnuts
The manufacture of coffee, indigo, lac, rubber, sugar, tea or any other manufacturing process
related to or incidental to the the above processes
A factory, which is engaged for a period not exceeding seven months in a year.
This Act is applicable to those employees whose wage is below 6500 INR per month (Raised to INR 7500
from March, 2004 onwards).
Wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of
employment, express or implied were fulfilled and includes [any payment to an employee In respect of any
period of authorized leave, lockout, strike which is not illegal or layoff and] other additional remuneration if
any (paid at intervals not exceeding two months) but does not include
Any contribution paid by the employer to any pension fund or provident fund under this Act.
Any traveling allowance or the value of the traveling concession
Any sum paid to the person employed to defray special expense entailed on him by the nature of
employment
Any gratuity payable on discharge.
Casual Employees are employees under this Act.
Part time employees are covered under this Act
Apprentice under the Apprenticeship Act not covered under this Act
The Act entitles the employees: (f) Medical benefits for self and the family members
(g) Sickness benefit
(h) Disablement benefit
(i) Maternity benefits for female employees
(j) Funeral expense in case of the death of the employee.
Gratuity,
Payment of Gratuity Act, 1972, section 6
Every employee is required to submit his nomination in the prescribed form in duplicate to his employer,
either personally or through Registered AD, within 30 days of the completion of one year of service.
Section 4A
Every employer has to obtain insurance for his liability to pay gratuity from the LIC
Sutlej-S.D.Singh/H.R. Doc./2012
187
i)
j)
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(d) On his superannuation
(e) On his retirement or resignation, or
(f) On his death or disablement due to accident or disease
Section 4 A (1) With effect from such date as may be notified by the appropriate Government in this behalf,
every employer shall obtain an insurance in the manner prescribed, for his liability for payment towards
gratuity under this Act, from the LIC established under the Life Insurance Corporation of India Act (1956) or
any other prescribed insurer.
7.General Working facilities: Dining Room
The Factories Act, 1948,Chapter V
Section 47(1) In every factory wherein more than 150 workers are ordinarily employed adequate and
suitable shelters or rest rooms and suitable lunchroom, with provision for drinking water, where
workers can eat meals brought by them, shall be provided and maintained for the use of the workers.
Section47 (2) The shelters or rest rooms or lunchroom shall be sufficiently ventilated and shall be
maintained in a cool and clean condition.
Canteen
The Factories Act, 1948,Chapter V, Section 46
The [state] government may make rules requiring that in any specified factory wherein more than
250 workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the
occupier for the use of the workers.
The canteen building shall be situated not less than 15feet from any Latrine, urinal, boiler
house, coal stocks, Ash dumps and any other source of dust, smoke or obnoxious fumes.
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188
Sutlej-S.D.Singh/H.R. Doc./2012
189
SECTION 16 (1) No room in any factory shall be overcrowded to an extent injurious to the health of
the workers employed therein.
SECTION 16 (2) Without prejudice to the generality of subsection (1) there shall be in every
workroom of a factory in existence on the commencement of this Act at least (9.9cubic metres) and of
a factory built after the commencement of this Act at least (14.2 cubic metres) of space for every
worker employed therein and for the purpose of this subsection no account shall be taken of any
space which is more than (4.2 metres) above the level of the floor of the room.
Fencing of Machinery
The Factories Act, 1948, Chapter IV, Section 21
In every factory the following, namely:(i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime
mover or flywheel is in the engine house or not.
(ii) the headrace and the tailrace of every water wheel and water turbine.
(iii) any part of the stock bar which projects beyond the head stock of a lathe; and
(iv)Unless they are in such position or of such construction as to be safe to be every person employed in the
factory as they would be if they were securely fenced, the following namely(d) every part of an electric generator, a motor or rotary converter;
(e) every part of transmission machinery, and
(f) every dangerous part of any other machinery
shall be securely fenced by safeguards of substantial construction which [shall be constantly maintained and
kept in position] while the parts of the machinery they are fencing are in motion or in use.
SECTION 26(1) in all machinery driven by power and installed in any factory after the commencement of
this Act: (b)Every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased
or otherwise effectively guarded as to prevent danger.
All spur, worm, and other toothed or friction gearing which does not require frequent adjustment while in
motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely
encased.
The First Aid Boxes
The Factories Act, 1948,, ChapterV ,Section45
a. SECTION 45(1) There shall in every factory be provided and maintained so as to be readily accessible
during all working hours first aid boxes or cupboard equipped with the prescribed contents, and the
number of such boxes or cupboard to be provided and maintained shall not be less than one for every one
hundred and fifty workers ordinarily employed (at any one time) in the factory.
b.
The first aid boxes or cupboard shall be distinctively marked with a red cross on white
background and shall contain the following equipment
For factories employing more than 50 people: 24 small size sterilized dressing
12 medium size sterilized dressings.
12 large size sterilized dressing
12 large size sterilized burn dressing
One (200) ml bottle of centrimide solution (1%) or a suitable antiseptic solution.
One 200 ml bottle of Mercurochrome solution (2%) in water
Twelve (15ml) packets of sterilized cotton wool
One 120 ml bottle of salvolatile having the dose and mode of administration on the
label.
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190
First aid leaflet issued by the Directorate general of Factory, Advise Service and labour institute,
Bombay
Ambulance Room
The Factories Act, 1948 Chapter V, Section 45(4)
In every factory wherein more than 500 are ordinarily employed there shall be provided and
maintained an ambulance room of the prescribed size, containing the prescribed equipment and in
the charge of such medical and nursing staff as may be prescribed and those facilities shall always
be made available during the working hours of the factory.
(d) Where males are employed, there shall be at least one latrine for every 25 males provided that where
the number of males exceeds 100
It shall be sufficient if there is one latrine for every25 males up to the first 100 and one for every 50
thereafter.
Every Latrine shall be under cover and so partitioned off so as to secure privacy and shall have a
proper door and fastening.
Where workers of both sexes are employed, there shall be displayed outside each Latrine block a notice
in the language understood by majority of the workers indicating For Mens Only and For womens
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191
Only as the case may be. The notice shall also bear the figure of a Man or of a woman, as the case may
be.
(Note: The number of toilets per worker may vary between state to state)
Crche
The Factories Act,1948, ,Chapter V,Section 48
In every factory wherein more than 30 women workers are ordinarily employed there shall be provided and
maintained a suitable room or rooms for the use of children under the age of six years of such women.
Such rooms shall provide adequate accommodation, shall be adequately ventilated, shall be maintained in a
clean and sanitary condition and shall be under the charge of women trained in the care of the children and
infants.
Exception to crche
The Karnataka Factories (Amendment) Rules, 2002
Rule 104-B. Exemption from the provision of crche in certain cases:
(2) In factories where it is reasonably not practicable to provide and maintain crche in accordance with
law, the chief inspector of factories from the provision of rules 101 to 104, if he is satisfied that
alternate arrangement made under sub rule (2) of this rule are ensured by the occupier of the factory.
Provided that the occupier of the factory shall:
(a) Obtain the consent of the employee
(b) Furnish full details of the places, owners or persons or Non government Organization who
are providing such crche and the infrastructure facilities available therein
(c) Bear the cost incurred by the parent on the child.
(d) Furnish the information of the child as and when it is admitted and withdrawn.
8.Other laws:
License
The Factories Act, 1948,Chapter-I, Section 6
The state Government may make rules
(aa) requiring the previous permission in writing of the state government or chief Inspector to be obtained for
the site on which the factory is to be situated and for the construction or extension of any factory or class or
description of factories.
Apprentices Act, 1961
3. Qualifications for being engaged as an apprentice
A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any
designated trade, unless he(a) is not less than fourteen years of age, and
(b) satisfies such standards of education and physical fitness as may be prescribed
4. Contract of apprenticeship
(1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade
unless such person or, if he is minor, his guardian has entered into a contract of apprenticeship with the
employer.
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192
(2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of
apprenticeship has been entered into under sub-section (1).
(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the
parties to the contract:
PROVIDED that no such term or condition shall be inconsistent with any provision of this Act or any rule
made there under.
(4) Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within
such period as may be prescribed to the Apprenticeship Adviser for registration.
(5) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the
person described as an apprentice in the contract is qualified under this Act for being engaged as an
apprentice to undergo apprenticeship training in the designated trade specified in the contract.
(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule
varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such
training, then, the terms and conditions of every contract of apprenticeship relating to that category of
apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified
accordingly].
Environmental,
The Environmental Protection (Regulation) Act 1986: -
Chapter III Section 7:No person carrying on any industry, operation or process shall
discharge or emit or permit to be discharged or emitted any environmental pollutant
in excess of such standards as may be prescribed.
Noise Pollution,
The Noise Pollution (Regulation and Control) Rules 2000, the ambient air quality standards for industrial
area are 75dB(A) leg during daytime and 70 dB (A) in the night.
Further the Noise Limit from domestic Appliances has been set as: (i)Window Air Conditioner
68 dB (A)
( ii) Air coolers60 dB (A)
(iii) Refrigerators
46 dB (A)
( iv) Textile Industry
85-90 dB(A), provided that when it is higher need
to provide ear plugs.
Water Pollution,
Water (Prevention and control of Pollution) Act, 1974,Section 24
(1) Subject to the provisions of this section -(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined
in accordance with such standards as may be laid down by the State Board to enter (whether directly
or indirectly) into any [stream or well or sewer or on land]; or
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193
no person shall knowingly cause or permit to enter into any stream any other matter which may tend,
either directly or in combination with similar matters, to impede the proper flow of the water of the
stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other
causes or of its consequences.
Types of Wastes
Regulatory quantities
(1)
(2)
(3)
Cyanide wastes
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Non-halogenated hydrocarbons
including solvents
Halogenated
hydrocarbons
including solvents
200 kilogrammes
calculated
as
chemicals.
200 kilogrammes
calculated as tar.
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per year
inorganic
per
year
195
Phenols
5
kilogrammes
per
calculated as phenols.
year
Asbestos
year
5
kilogrammes
per
year
calculated as pesticides and
their intermediate products
Discarded
container
and
container liners of hazardous
and toxic chemicals and wastes
Boiler Certificate
Boilers Act,1923,
Section 2
(f) boiler means any closed vessel exceeding [22.75 litres] in capacity which is used expressly for
generating steam under pressure and includes any mounting or other fitting attached to such
vessel which is wholly or partly under pressure when steam is shut off;
(f)steam-pipe means any pipe through which steam passes from a boiler to a
other user or both, if
prime mover or
(i)The pressure at which steam passes through such pipe exceeds 3.5 kilograms per square centimetre
above atmospheric pressure; or
(ii )Such Pipe exceeds 254 millimeters in internal diameter; and includes in either
case any connected fitting of a steam-pipe.
Section 6
Save as otherwise expressly provided in this Act, no owner of a boiler or permit it to be used --(a)
unless it has been registered in accordance with the provisions of this Act;
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196
(b) in the case of any boiler which has been transferred from one State to another, until the transfer has been reported
in the prescribed manner;
(c) unless a certificate or provisional order authorising the use of the boiler is for the time being in force under this
Act;
(d) at a pressure higher than the maximum pressure recorded in such certificate or provisional order;
(j) where the State Government has rules requiring that boilers shall be in charge of
persons holding (certificates of proficiency or competency), unless the boiler is
in charge of a person holding the certificate required by such rules:
Provided that any boiler registered, or any boiler certified or licensed, under any Act hereby repealed shall be
deemed to have been registered or certified, as the case may be, under this Act.
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198
(b) issues or authorises the issue of, any business letter, bill head, letter paper, notice or other official
publication of the company wherein its name and the address of its registered office are not mentioned in the
manner aforesaid;
(c) signs or authorises to be signed, on behalf of the company, any bill of exchange, hundi, promissory
note, endorsement, cheque or order for money or goods wherein its name is not mentioned in the manner
aforesaid; or
(d) issues, or authorises the issue of, any bill of parcels, invoice, receipt or letter of credit of the
company, wherein its name is not mentioned in the manner aforesaid;
such officer or person shall be punishable with fine which may extend to five thousand rupees, and shall
further be personally liable to the holder of the bill of exchange, hundi, promissory note, cheque or order for
money or goods, for the amount thereof, unless it is duly paid by the company.
notes
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199
However, they are not statutory provisions themselves (meaning that the Standing Orders even when
approved, do not become law in the sense in which Rules and Notifications issued under delegated
legislation become after they are published as prescribed.) - Rajasthan SRTC v. Krishna Kant - AIR 1995 SC
1715 = (1995) 5 SCC 75 = 71 FLR 211 = 87 FJR 204 = 1995 AIR SCW 2683 = 1995 LLR 481 (SC).
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200
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201
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202
be paid) shall be notified on the notice board, along with the notices to be displayed
under Standing Order 7.
(2)The unclaimed amount of wages due to a workman shall be paid on the days
notified under this standing order and on the unclaimed wages pay day following the
date on which a substantiated claim was presented by the workman, or on his behalf, by
his legal representative.
(10)(1)(a) More than one shift may be worked in a department or section of a
department at the discretion of the Manager.
(b) If more than one shift I worked in the establishment workman shall be
liable to be transferred form one shift to another.
(c)Whenever an additional shift is started or shifts are altered or discontinued, a
seven days notice shall be given to the workman but if as a result of the discontinuance
of the shift any permanent workman is likely to be discharged, a notice of one month
shall be given.
(d)If as a result of discontinuance of shift working, any permanent workmen are
likely to be discharged, they shall be discharged having regard to the length of their
service in the establishment and the department and the occupation concerned, those
with the shortest of service being discharged first.
(e)On re-starting a shift, notice thereof shall be given either in a newspaper having
wide local circulation or by letters to individual workman concerned, and the workman
discharged as a result of the discontinuance of the shift shall, if they present themselves
within seven days of the publication of the notice o the posting of the length of their
service I the establishment and the department and the occupation concerned.
(2) The Manager may close down any department or section of a department after
giving one months notice to the workman. Before re-opening such department or
section, as the case may be, seven days notice thereof shall be given either in a
newspaper having wide local circulation or by letters to be individual workman
concerned.
(3) The Manager may close down the whole establishment after giving one months
notice to the workman. Seven days public notice of the re-starting of the establishment
shall be given either in a newspaper having a wide local circulation or by letter to
individual workman concerned.
(4) Notice of: (i) Starting, re-starting, alteration and discontinuance of shift working
(ii) the closure and re-opening of a department or section of department and
(iii) the closure and re-opening of the establishment shall be displayed in the timekeepers office or at the main entrance to the establishment and at the gate or
gates appointed under the standing order 16, and in the case of a department or
section, also in the department concerned.
(5) On the re-opening of a department or section or the establishment, as the case
may be, preference for employment will be given to the workmen whose services were
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203
terminated on account of the closure, according to the length of their service in the
establishment and the department and the occupation concerned, provided that they
present themselves for service at the latest by the day of re-opening.
(11) 1) All workmen shall be at work in the establishment at the times fixed and notified.
Workman attending late shall be liable to be shut out and treated as absent:
Provided that no workman who attends with 15 minutes of the starting time shall be shut
out.
(2)Any workman who after delivering his ticket is found absent from his proper place
of work during working hours without permission or without sufficient reason, shall be
liable to be treated as absent for the period of his absence.
(12)
Subject to the provisions of clause (1) of the tanding order 13, leave with wages
and allowances shall be granted to all workman in accordance with the law applicable to
the establishment in which such workmen are employed or any agreement or award for
the time being in force, or the contract of service or any customs or usage of the
establishment.
(13) (1) Grant of leave to a workman shall depend on the exigencies of the
establishment and shall be at the discretion of the Manager.
(2)A workman who desires to obtain leave of absence applies in writing to the
Manager or any officer appointed for the purpose by the Manager. Such application for
leave shall be made at least seven days before the date, from which leave is to
commence except in urgent cases or unforeseen circumstances when it is not possible
to do so. The Manager or any officer empowered by him in this behalf shall issue
orders on such application within three days of the presentation of the application and in
case of an urgent nature immediately. If the leave asked for is granted, a leave pass
showing the date from which is the leave of absence commences and the date on which
is workman will have to resume duty, shall be issued to the workman. Where leave is
refused or postponed, the fact of such refusal or postponement and the reasons
therefore shall be recorded in writing a register to be maintained for the purpose, and if
the workman so desires a copy of such entry in the register, shall be supplied to him.
(3) If a workman after proceeding on leave desires an extension thereof, he shall make
an application for the purpose to the manager, in writing. A written reply conveying the
grant or refusal of extension of leave shall be sent to the workman at the address given
by him, if such reply is likely to reach him before the expiry of the leave originally
granted to him.
(4) A workman remaining absent beyond the period of leave originally granted or
subsequently extended, shall be liable to close his lien on his appointment unless he
returns within eight days of the authority grating leave his inability to resume his duty
immediately on the expiry of his leave. A workman who loses his lien under the
provisions of his standing order but reports for duty within fifteen days of the expiry of
hid leave (i) shall be kept as badli if he is so desires and his name shall thereupon be
entered in the badli register, and (II) if no badlis are employed, his name shall be kept
on a waiting list of person to be given preference for employment as an when suitable
vacancies occur.
(14) (1) Every workman shall be entitled to casual leave.
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204
(2) Casual leave shall be non-cumulative and no leave of any kind may be combined
with casual leave.
(3) Except for emergency reasons casual shall be limited to three days at a time.
Casual leave is intended to meet special or unforeseen circumstances for which
provision cannot be made by exact rules.
(4) Holidays declared y the establishment ad weekly holidays may be prefixed or
suffixed to casual leave.
(5) Ordinarily, the previous permission of the manager or of the head of the department
shall be obtained before taking such leave. When this is not possible, the manager or
the head of the department shall, as soon as may be practicable, be informed in writing
or orally through any person of the absence from work and of the probable duration of
such absence.
(15) Except in the case of casual workman, record shall be maintained in a register of all
leave of absence which is sanctioned, refused or postponed and reasons for refusal or
postponement shall in every case be entered therein. The record shall be open to
inspection by the workman concerned.
(16) No workman shall enter or leave the premises of the establishment except by the
gate or gates appointed for the purpose.
(17)(1)Any workman may, when leaving the department or the premises of the
establishment be searched at the point of exit of the department or the establishment by
the gate man or any person appointed by the manager for the purpose.
(2)Any female workman may be detained by the gateman or any person appointed by
the manager for the purpose for search by a female searcher, if acting without malice he
suspects that she is in wrongful possession of property belonging to the establishment.
(3)Every search shall be conducted in the presence of not less
than two
persons and a female workman shall not be searched in the presence of any male
person, except with her consent.
(4)Subject to the provisions of the above clauses any member of a works committee
constituted under the provisions of the industrial disputes Act, 1947, may be present at
a search made under this standing order.
(18)(1)In the event of fire, catastrophe, breakdown of machinery, stoppage of power
supply, anepidemis, civil commotion or other cause beyond the control of the manager,
may at any time without notice or compensation in lieu of notice stop any machine or
department wholly or partially or the whole part of the establishment for reasonable
period.
(2)In the event of a stoppage under clause (i) during working hours the workman
affected shall be notified, as soon as practicable, when the workman affected shall be
notified, as soon as practicable, when work will be resumed and whether they are to
remain or leave the establishment. The period of detention in the establishment shall not
ordinarily exceed one hour after the commencement of the stoppage. If the period of
detention does not exceed one hour, workman so detained shall not be paid for such
period. If the period of detention in the establishment exceeds one hour, workman so
detained shall be entitled to receive wages (including all allowances) for the whole of the
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205
time during which they are detained I the establishment as workman of that stoppage.
In the case of piece-rate workman, the average daily earnings for the previous month
shall be taken to be the daily wages.
(3)Wherever practicable, reasonable notice shall be given of the resumption of normal
work, and all such workmen laid off under this standing order who present themselves
or work, when the work is resumed, shall be given preference for employment.
(4)All notices required to be given under this standing order shall be displayed on
notice boards at the time-keepers office and at the main entrance to the establishment.
Where a notice pertains to a particular department or departments only, it shall also be
displayed in department concerned.
(19) In case where workman are laid off under standing order 18, they shall be
considered as temporarily unemployed and the period of such unemployment shall be
treated as leave with pay to the extent such leave is admissible and leave without pay
for the balance of the period. When, however, workman have to be laid off for an
indefinite period exceeding two months, their service may be terminated after giving
them due notice or pay in lieu thereof.
(20) Workman may be laid off due to shortage of orders, temporary curtailment of
production or similar reasons and consequent stoppage of any machine or department,
for a period not exceeding six days in the aggregate (excluding statutory holidays), in
any month, provided that seven days notice is given. A workman laid off under this
standing order for more than five days in a month, may, on being laid off, leave his
employment on intimation of his intention to do so.
(21)Notwithstanding anything contained in standing order 18, 19 and 20, the rights and
liabilities of employers ad workman in so far as they relate to lay off shall be determined
in accordance with the provisions of chapter V-A of the Industrial Disputes Act, 1947.
Provided that nothing contained in the said chapter shall have effect to derogate from
any right which a workman has under the minimum wages Act 1948, or any notification
or order issued there under or any award for the time being in operation on any contract
with the employer.
(22)The Manager may, in the event of a strike affecting either wholly or partially any
section or department of the establishment close down either wholly or partially such
section or department as well as ay other sections or departments affected by such
closing down. The fact of such closure shall, as soon as practicable, be notified by
notice displayed on the notice boards in the department concerned at the gate or gates
appointed under Standing Order 16 and in the time keepers office or at near main
entrance of the establishment. The workman concerned shall also be notified by a
general notice put up at the places where notices of the closure mentioned above are to
be displayed, prior to the resumption of work as to when work will be resumed.
(23) (1) Subject to the provisions of the Industrial Disputes Act, 1947, the employment of
a permanent workman employed on rates other than the monthly rates of wages may be
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206
terminated by given him fourteen days notice or by payment of thirteen days wages
(including all admissible allowances) in lieu of notice.
(2)Save as otherwise provided in these Standing Orders a permanent workman employed
on rates other than the monthly rates of wages desirous of leaving the service may do
so by given the Manager fourteen days notice in writing.
(3)Where the employment of a workman is terminated under sub-rule (1) or where a
workman leaves the service under sub-rule (2) and such workman draws wages on
piece basis, wages shall be computed on the average daily earning of such workman for
the days (4)he actually worked during the previous wage period.
The employment of a permanent workman employed o the monthly rates of wages may
be terminated by giving him one months notice or on payment of one months wages
(including all admissible allowances) in lieu of notice.
(4-A)The reasons for the termination of services of a permanent workman shall be
recorded in writing and communicated to him, if he so desires, at the time of discharge,
unless such communication, in the opinion of the Manager, is likely directly or indirectly
to lay any person open to civil or criminal proceedings at the instance of the workman.
(5)Save a otherwise provided I these Standing Orders, a permanent workman employed
on the monthly rates of wages, desirous of leaving the service shall give in writing one
months notice to the Manager of his intention to do so.
(6)If a permanent workman leaves the service without giving notice, no deduction on that
account shall be made from his wages, but he shall be liable to e sued for damages.
(7)All clauses of workman other than those appointed on permanent basis, may leave
their service or their service may be terminated without notice or pay in lieu of notice;
provided that the services of a temporary workman shall not be terminated as a
punishment unless he has been given an opportunity of explaining the charges of
misconduct alleged against him in the manner prescribed in the Standing Order 25.
(8) When the employment of any workman is terminated, the wages earned by him shall
be paid to him before the expiry of the second working day from the day on which this
employment is terminated. In the case of workman leaving the service, the payment of
the wages earned by him shall be paid within seven days from the date on which he
leaves the services. All other sums due to a workman shall be paid before the expiry of
one month from the date of termination of his service or as the case may be, from the
date he left service.
(9) An order of termination of service shall be in writing and shall be signed by the
Manager and copy thereof shall be supplied to the workman concerned. In case of
general retrenchment, closing down of department or termination of service as a result
of a strike, no such order shall be given.
(24)The following acts and omissions on the part of a workman shall amount to
misconduct.
(a)
Willful insubordination or disobedience, whether or not in combination with another
or any lawful and reasonable order of a superior.
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207
(b)
Going on an illegal strike or abetting,inciting,instigating or acting in furtherance
there of:,
(c)
Willful showing down in performance of work, or abetment or instigation there of;
(d)
Theft, fraud or dishonesty in connection with the employers business of property
or theft of property of another workman within the premises of the establishment;
(e)
Taking or giving bribes or any illegal gratification;
(f)
Habitual absence without leave or absence without leave for more consecutive
days or overstaying the sanctioned leave without sufficient grounds or proper or
satisfactory explanation;
(g)
Late attendance on not less than four occasions within a month;
(h)
Habitual breach of any standing order or any law applicable to the establishment
or any rules made there under;
(i)
Collection without the permission of the Manager of any money within the
premises of the establishment except as sanctioned by any law for the time being
enforce;
(j)
(k)
Drunkness,riotous,disorderly or incident behavior on the premises of the
establishment;
(l)
Commission of any act subversive of discipline or good behavior on the premises
of the establishment;
(m)
(n)
Habitual breach of any rules or instructions for the maintenance of the cleanliness
of any portion of the establishment;
(o)
Habitual commission of any or omission for which a fine may be imposed under
the payment of wages Act-1936;
(p)
Canvassing for union membership the collection of union dues within the premises
of the establishment, except in accordance with any law with the permission of the
Manager;
(q)
(r)
Holding meeting inside the premises of the establishment without the previous
permission of the Manager or except in accordance with the provisions of any law for
the time being in force;
(s)
Disclosing to any unauthorized person information in regard to the process of the
establishment which may come in to the possession of the workman in the course of his
work;
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208
(u)
Smoking or spiting on the premises of the establishment where it is prohibited by
the employer;
(v)
Failure to observe safety instruction notified by the employer or interference with
any safety device or equipment installed within the establishment;
(w)
Distributing, exhibiting within the premises of the establishment hand bills,
pamphlets,
Posters and such other things or causing to be displayed by means of signs or writing or
other visible representation on any matter without previous sanction of the Manager;
(x)
Refusal to accept a charge-sheet, order or other communication served in
accordance with the standing order;
(y)
Unauthorized possession of any lethal weapon in the establishment.
Explanation:- No act of misconduct which is committed on less than three
within a space of one year shall be treated as habitual.
occasions
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209
explanation tendered, it is decided not to take any action under clause(1) the workman
shall be deemed to have been a duty and shall be entitled to fill wages and all
privileges for the period of suspension.
(5-A) Subject to the provision s of the payment of Wages Act-1936,a workman who
is suspended under clause (5) shall be paid a subsistence allowance during the period
of his suspension at such rates as may be fixed by the suspending authority;
Provided the rate so fixed shall not be less than one third of the basic wages and
dearness allowance drawn by the workman immediately prior to his suspension;
Provided further that if it is decided not to take any action against the workman under
clause (1) the workman shall be deemed to have been on duty and shall be entitled to
full wages minus such subsistence allowance as he has already drawn and to all other
privileges for the full period of suspension.
(6) In the awarding punishment under this standing order the manager shall take
in
to account the gravity of the misconduct, the previous record, if any, of the
workman and any other extenuating of the aggravating circumstances that may exist.
(7) if the workman refuses to accept the chargesheet, order or other communication
served in accordance with these standing orders, and provided that he has been asked
to accept the charge the charge- sheet in the presence of at least two witnesses he
shall be told verbally the time and place at which the enquiry into his alleged misconduct
is to be held and if he refuses or fails to attend at that time, the enquiry shall be
concluded ex-part and the punishment awarded shall take account of misconduct under
standing order 24 thus committed.
(26)
A workman may be warned or censured or subject to and in accordance with
the provision of the Payment of wages act-1936,fined for any of the following acts and
omissions:(a) Absence without leave without sufficient cause;
(b) Late attendance;
(c) Negligence in performing duties;
(d) Neglect of work;
(e) Absence without leave or without sufficient cause from the appointed
place of work.
(f) Entering or leaving or attending to enter or leave the premises of the
establishment expect by a gate or entrance appointed;
(g) Committing nuisance in the premises of the establishment;
(h) Breach of any rule or instruction for maintenance or running of any
department.
(27)
The age of retirement or superannuation of the workman be 58 years or such
other age may be agreed upon between the employer and workman by any agreement,
settlement or award, which may be binding on the employer and the workman under
any law for the time being in force.
(28)
(1) Any workman desirous of the redress of a grievance arising out of his
employment or relating to unfair treatment of wrongful exaction on the part of a superior
shall, either himself or through a trade union of which he is member, submit a complaint
to the Manager or any officer appointed by the Manager on this behalf.
(2)The manager or any such officer shall personally investigate the complaint at such
times and places as he may fix then workman and
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210
(1)
(2)
(3)
(4)
(5)
Sutlej-S.D.Singh/H.R. Doc./2012
SR.V.P.(OPERATIONS)
Sutlej-S.D.Singh/H.R. Doc./2012
(M.H. AMNDANI)
CERTIFYING OFFICER &
ASSISTANT COMMISSIONER OF LABOUR
VALSAD
(GUJARAT STATE)
211
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212
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213