Dear All,
I have frequently seen fellow friends asking about the statutory compliances to be done under the various Industrial Labour Acts.
I am attaching a file containing almost all the compliance requirements under the Various Industrial Labour Acts. I hope it will help our friends. This file has been sourced from the same site, and I found it very useful. I am reposting it for the benefit of those who may have missed it earlier.
The file contains the compliance requirements 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 citing!
From India, Delhi
81I have frequently seen fellow friends asking about the statutory compliances to be done under the various Industrial Labour Acts.
I am attaching a file containing almost all the compliance requirements under the Various Industrial Labour Acts. I hope it will help our friends. This file has been sourced from the same site, and I found it very useful. I am reposting it for the benefit of those who may have missed it earlier.
The file contains the compliance requirements 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 citing!
From India, Delhi
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
From India, Calcutta
Dear Sandeep,
I am attaching the notification regarding the same, hoping 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 the Ministry of Health and Family Welfare, New Delhi
In the interest of public health, the Ministry of Health & Family Welfare issued a detailed Notification on 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 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 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 a closed environment is more significant than on roads or streets.
The following are some of the salient aspects of the revised Rules:
(a) Restrictions regarding 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 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 signboard to be displayed at the entrance of the premises on each floor, including the staircases and entrance to the lift. The signboard has to be of specific prescribed dimensions (as per Schedule II).
(c) Detailed provisions have been incorporated for the 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/HR Manager/Head of Administration has to be designated/authorized to prohibit smoking at offices and workplaces.
(f) Ashtrays, matchboxes, lighters, or other things designed to facilitate smoking should not be provided at the workplace.
(g) It will be necessary for the manager to prominently display in the establishment 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: These rules may be called the Prohibition of Smoking in Public Places Rules, 2008. They shall come into force on the 2nd of 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 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 an 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 workplaces, 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 a closed position;
(iii) has an airflow 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 a conspicuous place(s) inside. In case there are more than one floor, at each floor including the staircase and entrance to the lift/s at each floor.
(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 in charge 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 the report of such a violation, the owner, proprietor, manager, supervisor, or the authorized officer shall be liable to pay a fine equivalent to the number of individual offenses.
(Explanation: For the purpose of these rules, the word offense 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 a 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) A 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 on the same floor or wing, as the case may be. In the case of more than one floor/wing, the room shall be on 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 a 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 the fine by authorized officers: The authorized officers mentioned in Schedule III shall be competent to act under and compound the offenses 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-recirculating 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 recirculate 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 a 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 center, of a cigarette or beedi with black smoke and crossed by a red band.
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 Offense," in English or one Indian language, as applicable.
Schedule III
(See Rule 5)
Authorized Officers:
Following persons shall be authorized to impose and collect the fine against the violation of Section 4.
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
I am attaching the notification regarding the same, hoping 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 the Ministry of Health and Family Welfare, New Delhi
In the interest of public health, the Ministry of Health & Family Welfare issued a detailed Notification on 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 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 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 a closed environment is more significant than on roads or streets.
The following are some of the salient aspects of the revised Rules:
(a) Restrictions regarding 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 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 signboard to be displayed at the entrance of the premises on each floor, including the staircases and entrance to the lift. The signboard has to be of specific prescribed dimensions (as per Schedule II).
(c) Detailed provisions have been incorporated for the 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/HR Manager/Head of Administration has to be designated/authorized to prohibit smoking at offices and workplaces.
(f) Ashtrays, matchboxes, lighters, or other things designed to facilitate smoking should not be provided at the workplace.
(g) It will be necessary for the manager to prominently display in the establishment 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: These rules may be called the Prohibition of Smoking in Public Places Rules, 2008. They shall come into force on the 2nd of 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 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 an 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 workplaces, 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 a closed position;
(iii) has an airflow 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 a conspicuous place(s) inside. In case there are more than one floor, at each floor including the staircase and entrance to the lift/s at each floor.
(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 in charge 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 the report of such a violation, the owner, proprietor, manager, supervisor, or the authorized officer shall be liable to pay a fine equivalent to the number of individual offenses.
(Explanation: For the purpose of these rules, the word offense 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 a 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) A 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 on the same floor or wing, as the case may be. In the case of more than one floor/wing, the room shall be on 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 a 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 the fine by authorized officers: The authorized officers mentioned in Schedule III shall be competent to act under and compound the offenses 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-recirculating 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 recirculate 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 a 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 center, of a cigarette or beedi with black smoke and crossed by a red band.
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 Offense," in English or one Indian language, as applicable.
Schedule III
(See Rule 5)
Authorized Officers:
Following persons shall be authorized to impose and collect the fine against the violation of Section 4.
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
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
Dear Friend,
If you require information about employee benefits such as gratuity, leave encashment, compensatory absences (Earned & Sick Leaves) in statutory compliance of Accounting Standard AS (REVISED 2005), please visit my blog at Consulting Actuary (M. L. SODHI).
M.L. Sodhi
Consulting Actuary
From India, Chandigarh
If you require information about employee benefits such as gratuity, leave encashment, compensatory absences (Earned & Sick Leaves) in statutory compliance of Accounting Standard AS (REVISED 2005), please visit my blog at Consulting Actuary (M. L. SODHI).
M.L. Sodhi
Consulting Actuary
From India, Chandigarh
Dear Vermaji,
I just saw the XL file. It's a good compilation. This will particularly be useful to SME heads who just want a quick check 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
I just saw the XL file. It's a good compilation. This will particularly be useful to SME heads who just want a quick check 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
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
From India, Madras
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
From India, Pune
Dear all seniors plz can anybody sent document of Employee Engagement activities for Hospital sector Regards laxman
From India, Pune
From India, Pune
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