Rajeev Verma
77

Dear All,

I have frequently seen the fellow friends asking for the statutory compliances to be done under the various Industrial Labour Act.

I am herewith attaching a file containing the almost all compliance done under the Various Industial Labour Acts.

hope it will help the fellow friends. This file has been picked up from this site only and I find it very useful. I am reposting it for the benefit of those who have missed it earlier.

The File contains the compliance to be done under the following ACTS.


The Apprentices Act, 1961

The Contract Labour (Regulation & Abolition) Act, 1970

The Child Labour (Prohibition & Regulation Act), 1986

The Industrial Disputes Act, 1946

The Minimum Wages Act, 1948

The Payment Of Gratuity Act, 1972

The Industrial Employment Standing Orders Act, 1946

The Employees Provident Fund & Miscellaneous Provisions Act, 1952

The Equal Remuneration Act, 1976

The Employees' State Insurance Act, 1948

The Payment Of Bonus Act, 1965

The Payment Of Wages Act, 1936

The Factories Act, 1948

The Employment Exchanges(Compulsory Notification Of Vacancies) Act, 1959

The Trade Unions Act, 1926

The Workmen's Compensation Act, 1923

Inter State Migrant Workmen( Regulation Of Employment & conditions Of service ) Act, 1979

Happy cite.......ing.......

From India, Delhi
Attached Files (Download Requires Membership)
File Type: xls Statutory Compliance.XLS (220.0 KB, 28842 views)

sandipb14
10

Hi Rajeev, Do you have any update on "Prohibition of Smoking in Public Places Rules,2008" and where we will deposit the FINE deducted from employee (Who are contravencs the Act)? T&R
From India, Calcutta
Rajeev Verma
77

Dear Sandeep,
I am attaching the notification regarding the same, hope it will serve the purpose you are looking for.
Sub: Non-Smoking in Work Places
Ref.: Notification No.P.16015/20/2007-PH dated 30th May, 2008 issued by Ministry of Health and Family Welfare, New Delhi
In the interest of public health, the Ministry of Health & Family Welfare had issued a detailed Notification dated 30th May, 2008 making Rules under the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 for the prohibition of smoking of cigarettes and other tobacco products. The said notification which bans smoking in public places will be enforced from October 2, 2008. Attention of all Members is invited to the revised Rules which ban smoking, among other places, in public / private workplaces. A copy of the said notification is attached herewith. With the enforcement of the revised Rules, smoking on roads and at homes would be permitted but not in any other places as the impact of smoking inside closed environment is more than in roads or streets.

The following are some of the salient aspects of the revised Rules:

(a) Restrictions with regard to smoking apply clearly to hotels, restaurants, refreshment rooms, public places etc. which would also include workplaces among other places as defined in each category. Section 4 of the Act envisages a separately ventilated smoking room that is termed as “Smoking Area”. Specific provisions have been incorporated for such smoking areas.
(b) The Rules provide that the owner, proprietor or the manager of all public places shall ensure that no person smokes in the prohibited areas under his jurisdiction. It also calls for a sign board to be displayed at the entrance of the premises on each floor including the staircases and entrance to the lift. The sign board has to be of specific prescribed dimensions (as per Schedule II) .
(c) Detailed provisions have been incorporated for strict implementation of the prohibitory orders.
(d) The manager of the establishment is liable to be fined for any violation by any person of the above prohibition.
(e) The head of the Institution / H.R. Manager / Head of Administration have to be designated / authorized to prohibit smoking at offices and workplaces.
(f) Ashtray, match boxes, lighters or other things designed to facilitate smoking should not be provided at the workplace.
(g) It will be necessary for the manager to display in the establishment prominently, the name of the person to whom complaints can be made by any person for violating the provisions of these Rules.


NOTIFICATION
Dated 30th May, 2008

In exercise of the power conferred by Section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
(34 of 2003), the Central Government hereby makes the following Rules, in supersession to Rule 3 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, namely:-

1. Short title, Extent and Commencement.- (1) These rules may be called the Prohibition of Smoking in Public Places Rules, 2008.

(2) They shall come into force on the 2nd October, 2008.

2. Definitions : In these rules, unless the context otherwise requires,-

(a) “hotel” shall mean a building or a part of a building where lodging, with or without board or other services, is provided by way of business for consideration monetary or otherwise and includes boarding house and guest house.

(b) “restaurant” shall mean any place to which the public has access and where any kind of food or drink is supplied for consumption on the premises by any person by way of business for consideration monetary or otherwise and shall include the open space surrounding such premises and includes-

(i) refreshment rooms, banquet halls, discotheques, canteen, coffee house, pubs, bars, airport lounge, and the like.

(c) “open space” mentioned in Section 3(1) of the Act shall not include any place visited by the public such as open auditorium, stadium, railway station, bus stop/stand and other such places.

(d) “public place” defined in Section 3(1) of the Act shall also include work places, shopping malls, and cinema halls.

(e) “smoking area or space” mentioned in the proviso to Section 4 of the Act shall mean a separately ventilated smoking room that:

(i) is physically separated and surrounded by full height walls on all four sides;

(ii) has an entrance with an automatically closing door normally kept in dose position;

(iii) has an air flow system, as specified in schedule I,

(iv) has negative air pressure in comparison with the remainder of the building.

(f) Words and expressions used herein and not defined in these rules but defined in the Act shall have the meanings, respectively, assigned to them in the Act.

3. Prohibition of smoking in a public place : (1) The owner, proprietor, manager, supervisor or in charge of the affairs of a public place shall ensure that:

(a) No person smokes in the public place (under his jurisdiction/implied).

(b) The board as specified in schedule II is displayed prominently at the entrance of the public place, in case there are more than one entrance at each such entrance and conspicuous place(s) inside. In case if there are more than one floor, at each floor including the staircase and entrance to the lift/s at each floor.
.../2
Sl.No.6

-2-


(c) No ashtrays, matches, lighters or other things designed to facilitate smoking are provided in the public place.

(2) The owner, proprietor, manager, supervisor or incharge of the affairs of a public place shall notify and cause to be displayed prominently the name of the person(s) to whom a complaint may be made by a person(s) who observes any person violating the provision of these Rules.

(3) If the owner, proprietor, manager, supervisor or the authorized officer of a public place fails to act on report of such violation, the owner, proprietor, manager. supervisor or the authorized officer shall be liable to pay fine equivalent to the number of individual offences.

(Explanation: For the purpose of these rules the word offence means a person found violating any provision of the Rules).

4. Hotels, Restaurants and Airports.- (1) The owner, proprietor, manager, supervisor or in charge of the affairs of a hotel having thirty or more rooms or restaurant having seating capacity of thirty persons or more and the manager of the airport may provide for a smoking area or space as defined in rule 2(e) .

(2) Smoking area or space shall not be established at the entrance or exit of the hotel, restaurant and the airport and shall be distinctively marked as “Smoking Area” in English and one Indian language, as applicable.

(3) A smoking area or space shall be used only for the purpose of smoking and no other service(s) shall be allowed.

(4) The owner, proprietor, manager, supervisor or in-charge of the affairs of a hotel having thirty or more rooms may designate separate smoking rooms in the manner prescribed as under:

(a) all the rooms so designated shall form a separate section in the same floor or wing, as the case may be. In case of more than one floors/wings the room shall be in one floor/wing as the case may be.

(b) all such rooms shall be distinctively marked as “Smoking rooms” in English and one Indian language, as applicable.

(c) the smoke from such room shall be ventilated outside and does not infiltrate/permeate into the non-smoking areas of the hotel including lobbies and the corridors.

5. Recovery of fine by authorized officers.- (1) The authorized officers mentioned in schedule III shall be competent to act under and compound the offences committed in violation of Section 4 of the Act.

Schedule I
[See Rule 2 (e) (iii)]

(i) that is exhausted directly to the outside and not mixed back into the supply air for the other parts of the building; and

(ii) It is fitted with a non-re circulating exhaust venti­lation system or an air cleaning system, or by a combina­tion of the two, to ensure that the air discharges only in a manner that does not re-circulate or transfer it from a smok­ing area or space to non-smoking areas.

Schedule II
[See rule 3(b)]

1. The board shall be of a minimum size of 60 cm by 30 cm of white background.

2. It shall contain a circle of no less than 15 cm outer diameter with a red perimeter of no less than 3 cm wide with a picture, in the centre, of a cigarette or beedi with black smoke and crossed by a red band.
.../3
Sl.No.6

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3. The width of the red band across the cigarette shall equal the width of the red perimeter.

4. The board shall contain the warning “No Smoking Area-Smoking Here is an Offence”, in English or one Indian language, as applicable.

Schedule III
(See Rule 5)

Authorised Officers : Following persons shall be authorized to impose and collect the fine against the violation of Section 4.

Sl. No.
Person Authorised to take action
Description of Public Place
1.
Inspectors of Central Excise/Income-tax Customs/Sales Tax/Health/Transport and above
All Public Places within their jurisdiction


2.
Station Master/Asstt. Station Master/Station Head/Station incharge
Railways and all its Premises


3.
All Gazetted Officers of State/Central Government or equivalent rank and above in Autonomous Organizations/PSU
Government offices/premises and offices of the autonomous bodies and corporations


4.
Director/Medical Superintendent/Hospital Administrator
Government and PrivateHospital


5.
Post Master and above
Respective Post Office in their jurisdiction.


6.
Head of the Institution/HR Manager/Head of Administration
Private Offices/Workplaces


7.
College/School/Headmaster Principal/Teacher
Respective Educational Institutions


8.
Librarian/Asstt. Librarian/Library incharge/other administrative staff in library.
Libraries/Reading Rooms.



9.
Airport Manager/Officers of Airport Authority of India and Officers of all schedule Airlines
Airports



10.
Director Public Health/Director Health Services
All Public Places


11.
In charge Administration in Central/State Government
All Public Places


12.
Nodal Officers/Focal Points of Anti-Tobacco Cell at District and State level.
All Public Places



Sd/-

(B.K. Prasad)

Jt. Secy.


G.S.R. 417(E)
F.No.P.16015/20/2007-PH
Issued by:
Ministry of Health and Family Welfare
(Department of Health and Family Welfare)
New Delhi


From India, Delhi
nagendrudu@gmail.com
1

Hi all, I need help to get the list of register to be maintained under statutory compliances to various Industrial Labour Act applicable to Mumbai (or) Bombay. Thanks & Regards Nagendra

mlsodhi
2

Dear Friend,
If you require information about employees benefits such as gratuity , leave encashment - compansatory absences (Earned & Sick Leaves) in statutory compliance of Accounting Standard AS (REVISED 2005). Please visit to my blog at
Consulting Actuary (M. L. SODHI).
M.L.Sodhi
Consulting Actuary

From India, Chandigarh
learnever
9

Dear Vermaji,
I just saw the XL file. It's a good compilation. This will particularly be useful to SME heads, who just wants a checking at a glance.
Again, it's always good to have a short and crisp applicability matrix like this. Lovely effort.
Thank you once again for all the effort and care for others.
Warm regards

From India, Pune
shajumalar
am working as a hr trainee and i need a resume formet to creat the resume kindly help me in this regards shahjahan
From India, Madras
galatage
Rajeev Varma Thank u, for most of using Statutory Compliances XL sheet. Kindly mention form fill with or Month. Month of Jan.... Month of Feb.... Month of Mar..... S.M. Galatage +9922209111
From India, Pune
claxmanhr
1

Dear all seniors plz can anybody sent document of Employee Engagement activities for Hospital sector Regards laxman
From India, Pune
jagadeeshvasu
Dear Rajeev Verma; thanks for attaching the statutory compliances act... this is really helpfull like me those who are new to this... great job Rajeev keep it up regards jagadeesh.v
From India, Madras
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