Raghav116 Started The Discussion:
Earlier i was working with Industries of Garments and now i've joined in another field of concern. Iwant to know the forms and & Registers which has to be maintained according to the shop and establishment act.
could any body help me on this.
FORMS & REGISTER TO BE MAINTAINED UNDER SHOPS & ESTABLISHMENT ACT
GOVERNMENT LETTER DELIVERY BOOK
WAGE SLIP -MINIMUM WAGE ACT 1953 RULE 27(2)
SERVICE BOOK -FORM N -RULE 16 AA
REGISTER OF EMPLOYMENT -FORM F -RULE 16(7)
EARNED & GRANTED LEAVE REGISTER -FORM K -RULE 16 (6)
EQUAL WAGE REGISTER -FORM D -RULE 6
REGISTER OF NATIONAL FESTIVAL HOLIDAYS
(MARK – H FOR HOLIDAY
W/D FOR WORK ON DOUBLE WAGES
W/H FOR WORK WITH SUBSTITUTED HOLIDAY
N/E IF NOT ELIGIBLE FOR THE WAGES) -FORM VI -SUB RULE (1) OF RULE 7
REGISTER OF WAGES -FORM M -RULE IX 57
MINIMUM WAGE ACT 1953 RULE DISPLAY -FORM 10
DAILY SHOP OPENING & CLOSING TIME -FORM J -RULE 16 (4)
LIST OF NATIONAL & FESTIVAL HOLIDAYS -FORMV -SUB RULE (1) OF RULE 5
NOTICE TO EMPLOYEES FOR LIST OF NATIONAL & FESTIVAL HOLIDAYS -FORM 5A-SUB RULE (2)A OF RULE 5
Got one query (Utmost URGENT)
Can anyone tell me the importance of :-
1.Company being registered under respective State Shop and Establishment Act?
2.What will happen if this is not done since 4yrs of the commencement of the company(company dealing with Third Party Channel Sales ie. Broking for all the Insurance Companies)?
3.What are the penalties in such case?
4.Even no audits has been done by Labor Office.In this who is responsible?
Please help me out in getting appropriate answers for these Legal questions!!!!!!
Please mark a copy to richrachnagmail.com
Thanks and Regards,
I have given you the latest amendment from Tamil Nadu Government. The earlier one I had given is now revised as per below.Sorry for that.
Acts and Rules-Tamil Nadu Shops and Establishments Rules, 1948-Simplification of Registers and Forms discontinuance of obsolete and redundant periodicals-minimizing the number of Registers and Forms Amendment to rules-Preliminary Notification-Confirmed.
Labour and Employment ( C ) Department
G.O.(Ms) No. 100, Labour and Employment ( C ) Department, dated 27.6.05.
Government letter No. 37248/C/2005-1 dated 2.2.2006.
From the Commissioner of Labour Letter. No. S4/61856/02 dated 5.7.06.
In the G.O. first read above, the Government have issued Preliminary Notification to amend the Tamil Nadu Shops and Establishments Rules 1948 and objections and suggestions were invited from the persons likely to be affected by that amendments.
2. As no objection and suggestions with regard to the amendments has been received, the Government have decided to confirm the Preliminary Notification.
3. The appended Notification will accordingly be published in the Tamil Nadu Government Gazette both in English and Tamil.
4. The Tamil Development Culture and Religious Endowments (Translation) Department , Chennai 9 is requested to supply the Tamil Translation to the Works Manager, Government Central Press, Chennai 79, directly
5. The Works Manager, Government Central Press, is requested to send 5 copies of the Gazette in which the Notification is published for record of the Government and 5 copies to the Commissioner of Labour, Chennai.6.
(BY ORDER OF THE GOVERNOR)
RAMESH KUMAR KHANNA,
SECRETARY TO GOVERNMENT.
The Works Manager, Government Central Press, Chennai 79
The Secretary to Government ,
Tamil Development Culture and Religious Endowments (Translation) Department, Chennai.9.
Commissioner of Labour, Chennai 6.
The Law Department, Chennai 9.
All Sections in Labour & Employment Department ,Chennai 9.
In exercise of the powers conferred by sub-section (i) of Section 49 of the Tamil Nadu Shops and Establishments Act 1947 (Tamil Nadu Act XXXVI of 1947), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Shops and Establishments Rules, 1948, the draft of the same having been previously published as required by sub-section (3) of section 49 of the said Act..
In the said Rules.-
(1) in rule 11.-
(a) in sub-rule(2), in clause(b), the expression “sub-rule(3) or” shall be omitted;
(b) in sub-rule(3),-
(i) in clause (a),-
(A) for the expression “of Fines in Form B”, the expression “prescribed under sub-rule(4)” shall be substituted;
(B) in the proviso, for the words “Form B”, the expression “the Register prescribed under sub-rule (4)” shall be substituted;
(ii) in clauses (b) and (c), for the words “Register of Fines” the expression “Register prescribed under sub-rule(4)” shall be substituted;
(c) for sub-rule 4 excluding the proviso, the following sub-rule shall be substituted, namely:-
“4 Every employer shall maintain a Register of Fines, Deductions for Damages or Loss and advances in Form P.”;
(d) in the proviso to sub-rule(4), for the words “Form C”, the words “Form P” shall be substituted;
(e) in sub-rule(5), for the words “Form M”, the words “Form R” shall be substituted;
(f) after sub-rule(5), the following sub-rule shall be added, namely:-
“(6) Wage Slip in Form T shall be issued by every employer, to every person employed, every month, a day prior to the disbursement of wages or at least on the date of disbursement or if the wages are paid daily, along with the wages, duly signed by him or any other authorized person and also the signature of the concerned person employed shall be obtained. The copies of wage slip issued shall be maintained by the employer and produced to the Inspector on demand”.;
(2) in rule 13, in sub-rule (4),-
i. for the words “Form D” , words “ Form P prescribed under sub-rule(4) of rule 11” shall be substituted;
ii. in the proviso, for the words “Form D”, the words” the register in Form P” shall be substituted;
(3) in rule 16,-
(i) for sub-rule(1), the following sub-rule shall be substituted, namely:-
“(i) Every employer shall maintain a register of employment in Form Q”;
(ii) sub-rules (2) and (3) shall be omitted;
(iii)in sub-rule(4), for the words “Form J” wherever they occur, the words “Form S” shall be substituted”;
(iv)sub-rule(9) shall be omitted;
(4) rule 16-AA shall be omitted;
(5) Forms B,C,D,E,F,G,H,J, K,M and N shall be omitted;
(6) after Form L, the following Forms shall be added, namely:-
RAMESH KUMAR KHANNA,
SECRETARY TO GOVERNMENT.
Only the following forms to be maintained under Shops & Estt. Act.(Tamil Nadu) as per the latest amendment.
1. Form - P - Register of Advances Paid, Deductions for Damages or Loss
2. Form - Q - Register of Employments for Shop & Estt.
3. Form - R - Register of Wages
All other forms are omitted from the act. Now the Govt. make it as very simple instead of maintaining unwanted registers.
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