Dear All, Can anyone help me with the all applicable laws for cement industry. Regards, Manoj Sharma
From India, Mumbai
From India, Mumbai
Dear Manoj, If your core activity is manufacture of cement, Factories Act,1948 and the Mines Act,1952 together with all allied labour laws will be applicable.
From India, Salem
6016From India, Salem
Dear Umakanthan ji,
With due respect to you Sir, may I ask you how the Mines Act 1952 will be applicable to cement manufacturing unit?
According to me Mines Act 1952 is applicable to mines. And mines means any excavation wherein any operation for the purpose of searching for or obtaining minerals, is carried on.
From India, Mumbai
With due respect to you Sir, may I ask you how the Mines Act 1952 will be applicable to cement manufacturing unit?
According to me Mines Act 1952 is applicable to mines. And mines means any excavation wherein any operation for the purpose of searching for or obtaining minerals, is carried on.
From India, Mumbai
Cement manufacturing process starts from the mining of raw materials that are used in cement manufacturing, mainly limestone and clays. That is where Mines Act may come into play for cement industry.
From India, Pune
From India, Pune
EPF staff check whether employers are remitting PF contribution correctly and all staff are covered.It is part of thier duty to demand information about payments.Please cross check with your manager/superior and then hand over documents as asked by them for verification.
From India, Pune
From India, Pune
Dear Nathrao,
Thanks for your participation.
With due respect to you too, your response is somehow not appealing to my interpretation. Mine means wherein excavation work is carried out for the purpose of searching for or obtaining minerals.
Likewise in many manufacturing units minerals are used as raw material. Do you mean to say that in every such manufacturing, Mines Act applies in addition to Factory Act?
I may be wrong also.
From India, Mumbai
Thanks for your participation.
With due respect to you too, your response is somehow not appealing to my interpretation. Mine means wherein excavation work is carried out for the purpose of searching for or obtaining minerals.
Likewise in many manufacturing units minerals are used as raw material. Do you mean to say that in every such manufacturing, Mines Act applies in addition to Factory Act?
I may be wrong also.
From India, Mumbai
Dear Mathews2211,
First of all, you are welcome in this forum of knowledge sharing.
The current thread is on specific question on what are the labour laws applicable to cement industry. You would have started a fresh thread with your query. Some body will tell you how to start a new thread.
To reply to your query, I would like you to read section 13 of EPF&MP Act 1952 which relates to Inspector. I am giving the said section verbatim below for your ready reference with a hope you will get correct answer from it.
"13. Inspectors.
(1) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, the Scheme, the Pension Scheme or the Insurance Scheme and may define their jurisdiction.
(2) Any Inspector appointed under sub-section 1 may, for the purpose of inquiring into the correctness of any information furnished in connection with this Act or with any Scheme or the Insurance Scheme or for the purpose of ascertaining whether any of the provisions of this Act or of any Scheme or the Insurance Scheme have been complied with in respect of an establishment to which any Scheme or the Insurance Scheme applies or for the purpose of ascertaining whether the provisions of this Act or any Scheme or the Insurance Scheme are applicable to any establishment to which the Scheme or the Insurance Scheme has not been applied or for the purpose of determining whether the conditions subject to which exemption was granted under section 17 are being complied with by the employer in relation to an exempted establishment.
(a) require an employer or any contractor from whom any amount is recoverable under section 8A to furnish such information as he may consider necessary;
(b) At any reasonable time and with such assistance, if any, as he may think fit, enter and search any establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of wages in the establishment;
(c) Examine, with respect to any matter relevant to any of the purposes aforesaid, the employer or any contractor from whom any amount is recoverable under section 8A, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or whom the Inspector has reasonable cause to believe to be or to have been, an employee in the establishment;
(d) Make copies of, or take extracts from, any book, register or other document maintained in relation to the establishment and, where he has reason to believe that any offence under this Act has been committed by an employer, seize with such assistance as he may think fit, such book, register or other document or portions thereof as he may consider relevant in respect of that offence;
(e) Exercise such other powers as the Scheme may provide.
(2A) Any Inspector appointed under sub-section 1 may, for the purpose of inquiring into the correctness of any information furnished in connection with the Pension Scheme or for the purpose of ascertaining whether any of the provisions of this Act or of the Pension Scheme have been complied with in respect of an establishment to which the Pension Scheme applies, exercise all or any of the powers conferred on him under clause a, b, clause c, or clause d sub-section 2.
(2B) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898) shall, so far as may be, apply to any search or seizure under sub-section 2 or under sub-section 2A, as the case may be, as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code."
From India, Mumbai
First of all, you are welcome in this forum of knowledge sharing.
The current thread is on specific question on what are the labour laws applicable to cement industry. You would have started a fresh thread with your query. Some body will tell you how to start a new thread.
To reply to your query, I would like you to read section 13 of EPF&MP Act 1952 which relates to Inspector. I am giving the said section verbatim below for your ready reference with a hope you will get correct answer from it.
"13. Inspectors.
(1) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, the Scheme, the Pension Scheme or the Insurance Scheme and may define their jurisdiction.
(2) Any Inspector appointed under sub-section 1 may, for the purpose of inquiring into the correctness of any information furnished in connection with this Act or with any Scheme or the Insurance Scheme or for the purpose of ascertaining whether any of the provisions of this Act or of any Scheme or the Insurance Scheme have been complied with in respect of an establishment to which any Scheme or the Insurance Scheme applies or for the purpose of ascertaining whether the provisions of this Act or any Scheme or the Insurance Scheme are applicable to any establishment to which the Scheme or the Insurance Scheme has not been applied or for the purpose of determining whether the conditions subject to which exemption was granted under section 17 are being complied with by the employer in relation to an exempted establishment.
(a) require an employer or any contractor from whom any amount is recoverable under section 8A to furnish such information as he may consider necessary;
(b) At any reasonable time and with such assistance, if any, as he may think fit, enter and search any establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of wages in the establishment;
(c) Examine, with respect to any matter relevant to any of the purposes aforesaid, the employer or any contractor from whom any amount is recoverable under section 8A, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or whom the Inspector has reasonable cause to believe to be or to have been, an employee in the establishment;
(d) Make copies of, or take extracts from, any book, register or other document maintained in relation to the establishment and, where he has reason to believe that any offence under this Act has been committed by an employer, seize with such assistance as he may think fit, such book, register or other document or portions thereof as he may consider relevant in respect of that offence;
(e) Exercise such other powers as the Scheme may provide.
(2A) Any Inspector appointed under sub-section 1 may, for the purpose of inquiring into the correctness of any information furnished in connection with the Pension Scheme or for the purpose of ascertaining whether any of the provisions of this Act or of the Pension Scheme have been complied with in respect of an establishment to which the Pension Scheme applies, exercise all or any of the powers conferred on him under clause a, b, clause c, or clause d sub-section 2.
(2B) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898) shall, so far as may be, apply to any search or seizure under sub-section 2 or under sub-section 2A, as the case may be, as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code."
From India, Mumbai
Dear Sir,
You may be right also.
Point which I am trying to make is probably many of the big cement factories keep/control captive limestone mines and so the chance of Mines Act being applicable are higher.
That is just an interpretation.
From India, Pune
You may be right also.
Point which I am trying to make is probably many of the big cement factories keep/control captive limestone mines and so the chance of Mines Act being applicable are higher.
That is just an interpretation.
From India, Pune
Certainly correct you are Mr.Korgaonkar as the language of my answer makes the impression that the Mines Act invariabily applies to all Cement Manufacturing Units. It is a slip caused by excess of enthusiasm.
From India, Salem
From India, Salem
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