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Jadav
Dear Hr Professional, Can u forard the attch copy of labour laws on my E-mail id because its not open at citehr.com. Looking for your co-operation Raj HR.Manager

spz
hi,
its really an excellent work, thanks for the information. It will be helpful if you can give us info regarding labour laws applicable for IT industry regarding apprenticeship and for contract labour.
thanks,
kavitha

From India, Maisuru
ankitchaturvedi
393

Dear all,
can you please tell me if i have to renew or set a new organization culture in a new unit which my company is setting up, what laws should i have to apply and how do i have to apply them.
Please guide me on the following issues.
Thanks
Kind Regards,
Ankit

From India, Mumbai
ankitchaturvedi
393

hi divya,
thank u for forwarding me some relevant data but could it be possible for u to forward me some information on how to prepare training material on operators.
Thanking You
Kind Regards
Ankit.

From India, Mumbai
rajeshswami
1

MONTH WISE CHECKLIST FOR SUBMISSION OF VARIOUS RETURNS (MUMBAI)

Month & Last Date NAME OF THE STATUTE FORM NAME OF RETURN / COMPLIANCE TO BE SENT TO



JAN 15 The Employment Exchange(CNV) ACT, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate.



15 The Mumbai Labour Welfare Fund ACT, 1953 A-1 Statement of Contribution of Dec. along with cheque Welfare Commissioner, Elphinstone Road. Mumbai - 13



30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



30 The Contract Labour (R&A) ACT, 1970 XXIV Half Yearly Return - by Contractor Asst. Labour Commissioner



31 The Factories ACT, 1948 27 Annual Return Directorate of Industrial Safety & Health, Tardeo.



31 The maternity Benefit ACT, 1961 II Annual Return Directorate of Industrial Safety & Health, Tardeo.



31 The (National & Festival Holidays) ACT, 1963 V Annual Return Labour Office, Tardeo



FEB 1 The Minimum Wages ACT, 1948 III Annual Return Labour Inspector, Tardeo



15 The Contract Labour (R&A) ACT, 1970 XXI Annual Return - by Employer Asst. Labour Commissioner, Tardeo



15 The Payment of Wages ACT, 1936 V Annual Return Directorate of Industrial Safety & Health/Labour Officer, Tardeo.



28 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



MAR 30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



APR 15 The Apprenticeship ACT, 1961 APP -2 Half Yearly Return March Ending Dy. Apprenticeship Advisor, Sion



15 The Employment Exchange(CNV) ACT, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate.



30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



30 The Employees Provident Fund ACT, 1952 3A & 6A Annual Individual Returns & Returns of Contributions Regional Provident Fund Commissioner



MAY 12 The Employees State Insurance ACT, 1948 6 Summary of Contribution in Quadruplicate a/w Challans Local Office



30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



JUNE 30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



JULY 15 The Employment Exchange(CNV) ACT, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate.



15 The Factories ACT, 1948 28 Half Yearly Return Directorate of Industrial Safety & Health, tardeo.



15 The Mumbai Labour Welfare Fund ACT, 1953 A-1 Statement of Contribution of June Welfare Commissioner, Elphinstone Road.



30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



30 The Contract Labour (R&A) ACT, 1970 XXIV Half Yearly Return -by Contractor Asst. Labour Commissioner, Tardeo



AUG 30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



SEPT 30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



OCT 15 The Apprenticeship ACT, 1961 APP -2 Half Yearly Return Sept ending Dy. Apprenticeship Advisor, Sion



15 The Employment Exchange(CNV) ACT, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate.



30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



30 The Factories ACT, 1948 3 Application for Renewal of License Directorate of Industrial Safety & Health, Tardeo.



31 The Contract Labour (R&A) ACT, 1970 VII Application for Renewal of License Commissioner of Labour



NOV 12 The Employees State Insurance ACT, 1948 6 Summary of Contribution in Quadruplicate a/w Challans Local Office at Colaba/Vashi



30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



30 The (National & Festival Holidays) ACT, 1963 I & IV Application for approval of holidays with list Labour Office, Tardeo



DEC 15 The Bombay Shops & Establishment ACT, 1948 B Renewal of Registration Certificate Respective Municipal Ward Office



30 The Profession Tax ACT, 1975 Form III Monthly Return a/w cheque Any Scheduled Bank.



30 The Payment of Bonus ACT, 1965 D Annual Return Asst. Labour Commissioner, Tardeo



TIME LIMIT FOR SUBMISSION OF RETURNS / COMPLIANCE

TIME LIMIT NAME OF THE STATUTE FORM NAME OF RETURN / COMPLIANCE TO BE SENT TO



Every Month 15th The Employees Provident Fund ACT, 1952 Challans Remittance of Contributions State Bank of India, Konkan Bhavan, Belapur, Branch



Every Month 21st The Employees State Insurance ACT, 1948 Challans Remittance of Contributions State Bank of India, Vashi-Turbhe Branch



Every Month 25th The Employees Provident Fund ACT, 1952 Form 5,10 & 12 A Regional Provident Fund Office, Area wise The Regional Provident Fund Commissioner, 341,Bhavishya Nidhi Bhavan, Bandra(East), Mumbai - 400 051



Every Month 30th The Profession Tax ACT, 1975 5 Monthly Return Asst. Professional Tax, Mazgaon



Intimate fatal/death & within 48 Hrs. in case of Minor The Employees State Insurance ACT, 1948 16 Accident Report



Every Month The Apprenticeship ACT, 1948 Printed Format Bill for Reimbursement Dy. Apprenticeship Advisor



4 Hrs of occurrence The Factories ACT, 1948 24 Notice of Accident /Dangerous Occurrence Directorate of Industrial Safety occurrence & Health



12 Hrs of occurrence The Factories ACT, 1948 24 Report of Accident Directorate of Industrial Safety occurrence & Health



7 days of incident The Workmen's Compensation ACT, 1923 EE Report of Serious bodily injuries/fatal accidents Commissioner of Workmen's Compensation labour Office



Bi-Annual The Employment Exchange ERII Bi- Annual Return Asst. Employment Officer



CHECK LIST FOR STATUTORY COMPLIANCES

Sr. Brief of Requirements Section No. Last date for Submitting Statement, Returns,Renewal of Licence etc. To Whom it should be submitted Compliance Status Remarks

1 Approval of plan 6(1) In prescribed Form No. 1 before starting manufacturing process in any new building, or extended part of the building. Jt. Director Industrial Safety & Health. Plans for HSM, SIP & IMIL got approved. Subseuqent changes, additional plans is being submitted for approval from time to time.

2 Factory Licence 6 (d) Factory Licence to be obtained before starting the plant and it should be renewed before October every year. do Complied & renewed upto 31st December 2002 for IIL & IMIL.

3 Notice for change of Occupier/Manager 7 Within 7 days from the date person takes over the charge do Complied. -

4 Statutory Health Check up of Employees. Rule 73 - V Medical examination of every employee shall be conducted once in 6 months. Health register in Form 7 to be maintained. Being complied.

5 Occupational Health center Rule 73 - W - - Being maintained for IIL. Not complied for IMIL.

6 Register of Adult workers ( Attendance Register) Sec. 62 Register to be maintained in Form No. 17. - Being maintained online.

7 Leave with wages register & Leave book Rule 105 Register to be maintained in Form No. 20. - Being maintained online.

8 Report of Accident and Dangerous occurences. Rule - 115 Intimation within 4 hours in case of fatal accident. Report should be given in Form No. 24 & 24A within 12 hours / 24 hours in case of fatal / non fatal as the case may be. Jt.Director Industrial Safety & Health being complied.

9 Accident Register Rule - 123 Register to be maintained in Form No. 30. - being complied.

10 Annual Return Rule - 119 (1) On or before 1st February of each year in Form No. 27. Jt.Director Industrial Safety & Health being complied.

11 Holiday List Rule - 119 (3) Before 31st December each year. Jt.Director Industrial Safety & Health being complied.

12 Inspection Book Rule - 124 Inspection book in Form No. 31 to be maintained. - being maintained.

1 Registration. Sec - 7 Registration certificate to be obtained once and it should be amended when there is any change in the particulars specified in Certificate within 15 days from the date of change takes place. Asst. Commissioner of Labour being complied.

2 Annual Return Rule 62(2) Before 31st January each year in Form No. 21. Asst. Commissioner of Labour being complied.

3 Register of Contractors. Rule 55 Register to be maintained in Form No. VIII. Asst. Commissioner of Labour Being maintained online.

4 Payment to Contract Labours Rule 46 & 54(2) Before 10th of every month. To be made before Company's Representative Asst. Commissioner of Labour Not being complied.

1 Notification of Vacancies 5 To notify all vancancies at least 15 days before appointment in prescribed form. Local Employment Exchange. Not being complied.

2 Quarterly Return 6 Return should be sent in prescribed form by 30th of every quarter end. - do - do- Return

3 Bi-annial Return 6 Return should be sent once in two year in prescribed form. - do - do- Return

1 Registration of Contract of Apprenticeship. 4 Every Contract of Apprenticeship should be sent for registration in prescribed form. Apprenticeship advisor. Being complied Required number of apprentices were not engaged in yr. 2001.

2 Records and Return 10 Return ( APP 4 ) to be submitted within 7 days of joinig the apprentices. State Apprenticeship advisor. Being complied.

1 Payment of Compensation. 4,4A To deposit the compensation in case of disablement. Ex- officio Commissioner under the Act. Being complied.

1 Payment of minimum wages . 4 Minimum wages has to be paid by the Company and Contractor as per the rates decided by Govt. Of Maharashtra - Being complied by the company. (Compliance by Contractor is poor)

1 HRA @5 % has to be paid to all employees including contrat labour 4 Being complied by the company. (Compliance by Contractor is poor)

1 Notice of date of payment. 26(3)(d) Wages are to be disbursed in time before 10 th of each month - Being complied by the company. (Compliance by Contractor is poor)

1 Contribution towrds Labour Welfare Fund as per the prescribed rates. 6 - BB Form A1 Cum Return before 15th of January & July Every Year . Commissioner under the Act. Being complied. (Contract labour compliance is poor)

1 Every month contribution towards PF and Family Pension has to be made @12% of basic of employees Being complied. (Contract labour compliance is poor) Many contractors have not obtained PF Code No. Inspite of repeated reminder and follow up

2 AC I , II, X, XXI,XXII Para 29 & 10 15TH OF EVERY MONTH

3 FORM NO 12A 20TH OF EVERY MONTH

4 FORM NO 5 & 10 Para 36(2) (a) & (b) 20TH OF EVERY MONTH

1 Licence Rule 6 15 th December Inspector under the Act. Being complied fro CBD Office. Applicable for CBD & City Offices.

1 The company has to be registered under the Act for employing Mathadi Labours. Not yet registered.

STATUTORY COMPLIANCES OF THE COMPANEY

Sr. No. Act Sr. Brief of Requirements Section No. Present Status To Whom it should be submitted Compliance Status Remarks

1 The Factories Act, 1948. 1 Approval of plan 6(1) As & when there is new Building Jt. Director Industrial Safety & Health. Plans for HSM, SIP & IMIL got approved. Subseuqent changes, additional plans is being submitted for approval from time to time.

2 Factory Licence 6 (d) IMIL-Licence renewed for the year 2004, IIL-is pending as Occupier & Factory Manageer is out of station. Licence Fees is already paid. do Complied & renewed upto 31st December 2002 for IIL & IMIL.

3 Notice for change of Occupier/Manager 7 As & when required do Complied. -

4 Statutory Health Check up of Employees. Rule 73 - V Being Complied Health register in Form 7 to be maintained. Being complied.

5 Occupational Health center Rule 73 - W Being Complied - Being maintained for IIL.

6 Register of Adult workers ( Attendance Register) Sec. 62 Being Complied - Being maintained online.

7 Leave with wages register & Leave book Rule 105 Being Complied - Being maintained online.

8 Report of Accident and Dangerous occurences. Rule - 115 Being Complied Jt.Director Industrial Safety & Health Being maintained.

9 Accident Register Rule - 123 Being Complied - Being maintained.

10 Annual Return Rule - 119 (1) Being Complied Jt.Director Industrial Safety & Health Being maintained.

11 Holiday List Rule - 119 (3) Being Complied Jt.Director Industrial Safety & Health Being maintained.

12 Inspection Book Rule - 124 Being Complied - Being maintained.

2 Contract Labour ( Regulation & Abolition ) Act,1970 1 Registration. Sec - 7 Being Complied Asst. Commissioner of Labour R C Obtained for year 2004

2 Annual Return Rule 62(2) Being Complied Asst. Commissioner of Labour Being maintained.

3 Register of Contractors. Rule 55 Pending Asst. Commissioner of Labour Being maintained.

4 Payment to Contract Labours Rule 46 & 54(2) Being Complied Asst. Commissioner of Labour Being maintained.

3 Employment Exchange ( CNV) Act 1959 1 Notification of Vacancies 5 Being Complied Local Employment Exchange. Not being complied.

2 Quarterly Return 6 Being Complied - do - Being maintained.

1 3 Bi-annial Return 6 Being Complied - do - Being maintained.

4 Apprentices Act.1961 1 Registration of Contract of Apprenticeship. 4 Being Complied Apprenticeship advisor. Being complied Required number of apprentices were not engaged in yr. 2001.

2 Records and Return 10 Being Complied State Apprenticeship advisor. Being complied.

5 Workmen Compensation Act,1923 1 Payment of Compensation. 4,4A As & when required Ex- officio Commissioner under the Act. Being complied.

6 The Minimum Wages Act,1948. 1 Payment of minimum wages As per the Act. 4 Being Complied - Being complied by the company.

7 The Maharashtra Workmen's Minimum House Rent Allowance Act, 1983 1 HRA @5 % has to be paid to all employees including contrat labour 4 Being Complied Being complied

8 Payment of Wages Act.1936 1 Notice of date of payment. 26(3)(d) Being Complied - Being complied by the company.

9 The Bombay Labour Welfare Fund Act 1 Contribution towrds Labour Welfare Fund as per the prescribed rates. 6 - BB Being Complied Commissioner under the Act. Being complied.

10 The Employees PF&Misc. Provisions Act 1 Every month contribution towards PF and Family Pension has to be made @12% of basic of employees Being Complied Being complied. Many contractors have not obtained PF Code No. Inspite of repeated reminder and follow up

12 The Bombay Shops & Establishment Act 1948. 1 Licence Rule 6 Being Complied Inspector under the Act. Being complied fro CBD Office. Applicable for CBD & City Offices.

13 The Mathadi Hamal & Other manual Workers ( Regulation of Employment & Welfare ) Act 1969 1 The company has to be registered under the Act for employing Mathadi Labours. Not to be registered. Not yet registered.

Statutory Compliances to be followed by the Contracters

Sr. No. Act Brief of Requirements Section No. Remarks

1 The Factories Act, 1948. Leave with wages register & Leave book Rule 105 To be produced as and when demanded.

2 Contract Labour ( Regulation & Abolition ) Act,1970 Annual Return Rule 62(2) Asst. Commissioner of Labour

Muster Roll in form No.XIII, Wage Register in form No.XIII, Wage SlipinXVS, Employment Card Form No. X Rule 27 To be produced as and when demanded.

Payment to Contract Labours Rule 46 & 54(2)

3 Workmen Compensation Act,1923 Payment of Compensation. 4,4A Ex- officio Commissioner under the Act.

4 The Minimum Wages Act,1948. Payment of minimum wages . 4

5 The Maharashtra Workmen's Minimum House Rent Allowance Act, 1983 HRA @5 % has to be paid to all employees including contrat labour 4

6 Payment of Wages Act.1936 Notice of date of payment. 26(3)(d)

7 The Bombay Labour Welfare Fund Act Registration under the Act, & Contribution towrds Labour Welfare Fund as per the prescribed rates. 6 - BB Commissioner under the Act.

8 The Employees PF&Misc. Provisions Act Every month contribution towards PF and Family Pension has to be made @12% of basic of employees

AC I , II, X, XXI,XXII Para 29 & 10 Any SBI

FORM NO 12A, 5 & 10 Any SBI

Form 3A & 6A Para 36(2) (a) & (b) Respective PF authority

CONTRACTORS CHECK LIST



1 Name of the Contractor



2 Registration Number of Establishment if any,



3 Provident Fund Code Number



4 ESIC Code Number



5 Workmen Compensation Policy Number



W.C. Policy valid up to







6 Profession Tax Code Number



7 Service Tax Code Number



8 Labour License Registration Number

From India, Mumbai
Madhu.M.S
Hai...sir Your checklist is simply great as my exams are approaching your checklist helped me to go through different laws easily. Thank you very much... With regards Madhu.m.s
From India, Bangalore
ravit_72@yahoo.com
1

Can anybody send me the updated minimum wages of all the states as on 01st April 2008 Thnx Ravi Gupta
From India, New Delhi
pbskumar2006
590

Dear Divya ji, Still my article posting is running in LEGAL site. in this citehr. Friends go through. Regards, PBS KUMAR 9848499629
From India, Kakinada
gowri parameswara rao y
hi DIVYA madam. thank you
I am GOWRI PARAMESWARA RAO Y. Pursuing Master of Human Resource Management 2nd year. these case laws are mostly useful to my interviwe purpose. Every HR student must know the labour laws.
thanks.........

From India, Visakhapatnam
Nihon
Hi Divya.... Good one.... Gr8 wrk... Like the way it has been documented. Very professional. Regards, Muthu
From India, Bangalore
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