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Article contains Check list of Statutory compliance under Payment of Wages Act, 1936, Payment of Bonus Act, 1965, Provident Funds and Miscellaneous Provisions Act, Fund Provisions Act, 1952, Payment of Gratuity Act, 1972, Industrial Disputes Act, 1947, Trade Unions Act, 1926, Minimum Wages Act, 1948, Employees’ Compensation Act, 1923, Factories Act 1948, Contract Labour (Regulation and Abolition) Act, 1970, The apprentice Act, 1961, The Air (prevention and control of pollution) Act, 1981, The Indian boiler Act, 1923, The Building and other construction workers (regulation of employment and condition of services) 1996, The Employee state insurance Act 1948, Environment (Prevention and Protection Act, 1986, The Equal Remuneration Act 1976, The Industrial Employment (Standing order) Act 1946, The Fatal Accidents Act 1947, The maternity Benefits Act, 1961, The Public Liability Insurance Act 1991, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and The Water (Prevention and Control of Pollution) Act 1974.
| S.no | NAME OF ACTS | CONTENT | FILLED OR NOT FILLED |
| 1 | Payment of Wages Act, 1936 | Annual Certificate that the wages were paid in accordance with the Act. | |
| The number of employees in the establishment who are governed by the Act. | |||
| Annual Return ((FORM- IV)) | |||
| No deduction from wages has been made other than those authorised under the Act. | |||
| Wage Period | |||
| Determination of Available and Allocable Surplus and correctness of Computation. | |||
| 2 | Payment of Bonus Act, 1965 | Timely payment of the bonus. | |
| Eligible persons are paid bonus | |||
| Whether the company paid minimum or maximum bonus. | |||
| Annual return within 30 days of the expiry of 8 months from the closing of the accounting year in (FORM D) | |||
| Timely deposit of Employer and Employee’s dues with Provident fund | |||
| 3 | Provident Funds and Miscellaneous Provisions Act, Fund Provisions Act, 1952 Commissioner/Trust. | Reporting of cases where proceedings under the Act have been initiated against the Directors for recovery of dues. | |
| If the Employer has created its own trust, whether the terms of the trust are more beneficial than those provided under the trust? Whether conditions imposed by PF Commissioner for the creation of Trust is satisfied | |||
| The employer shall forward to the Commissioner, within twenty-five days of the close of the month, a monthly abstract in such form as the Commissioner may specify showing the aggregate amount of recoveries made from the wages of all the members and the aggregate amount contributed by the employer in respect of all such members for the month: |
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| 4 | Payment of Gratuity Act, 1972 | Whether liability for gratuity has been provided for in the Accounts or not? | |
| Whether the company has formed any trust that would take care of the liability arising out of gratuity. | |||
| the number of claims during the year for the payment of gratuity and time taken for settlement. | |||
| Whether the Gratuity has been paid in accordance with the provisions of the Act? | |||
| Notice rejecting a claim for payment of gratuity to the concerned person (Form M )Rule 8(1)(ii) | |||
| Notice of applicability of the Act & any changes to controlling authority (FORM -A or B) | |||
| Whether any dispute exists against the company against the payment of gratuity? If so, details thereof. | |||
| Certification that any industrial dispute arose during the year or not and manner of settlement of the same. Whether the dispute resulted in any closure of factory/strike/lockout and if so the period therefore | |||
| 5 | Industrial Disputes Act, 1947 | Was there any reference of the dispute to Arbitration under section 10-A of the Act and results of such reference? | |
| Whether the industry has adopted any unfair labour practice. | |||
| Name of the Protected workmen. Whether or not the industry is declared as Public Utility Services. | |||
| Half-yearly return on Works Committee (to be submitted to concerned Conciliation Officer) Form G1 Rule 56A | |||
| Number of Registered Trade unions in operation in the factory and its affiliations to any All India Organisations of Trade Unions. | |||
| 6 | Trade Unions Act, 1926 | Returns Annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 31st December | |
| 7 | Minimum Wages Act,1948 | Whether the company is paying the wages in accordance with the provisions of the Act. | |
| Whether the employer is paying to overtime worker excess remuneration for this | |||
| Register of Fines – Form I Rule 21(4) | |||
| Annual Returns – Form III Rule 21 (4-A) to the concerned inspector | |||
| Register for Overtime – Form IV Rule 25 | |||
| Register of Wages–Form X, Wages slip–Form XI, Muster Roll–Form V Rule 26 | |||
| Representation of register – for three year Rule 26-A | |||
| 8 | Employees’ Compensation Act, 1923 | Fatal Accidents to be reported. | |
| Time is taken for payment for compensation. Disputes on the settlement of compensation to be reported. | |||
| Any case of Occupational Disease reported in the factory or establishment. | |||
| Serious bodily injuries /fatal accidents report within 7 days of the accident in (FORM EE) | |||
| Insurance Cover for meeting the liability. | |||
| Pending Disputes under the Act and its nature along with a note on liability accepted by the Employer. | |||
| Whether the factory is registered or not? If so, the registration number of the factory be given. | |||
| 9 | Factories Act 1948 | Annual Return to chief inspector in FORM -21( half-yearly) and FORM-22 (Annually) | |
| Item of manufacture. | |||
| Whether a hazardous industry or not if so steps suggested by appropriate government for safety has been complied with in toto. | |||
| Accidental/ dangerous occurrence then notice forthwith of occurrence to inspector/director of factories. | |||
| Whether floor of workmen clean once in every week or not | |||
| Whether the paint (other than washable ) once in 5 years or ( washable) once in 3 years and wash once in 6 months | |||
| Surface painted once in 14 months | |||
| Drinking water facility within 6 metres of any washing place or toilets. | |||
| First aid availability if more than 150 worker | |||
| The facility of canteen if more than 250 worker | |||
| Timing for women (6 am – 7 pm) | |||
| Whether Casing of new machinery or not | |||
| Whether shelter rooms and lunch room available or not, if more than 150 worker | |||
| Creches are available or not for women have child less than 6 months | |||
| Whether working hours are in | |||
| accordance with the provisions of the Act. | |||
| Maintenance of proper records of | |||
| Attendance and Leaves. | |||
| Whether the welfare officer is appointed or not, if 500 < worker | |||
| Whether the ambulance room is available or not, if more than 500 worker. | |||
| Provisions relating to the employment of women, young persons etc. are duly complied with the act. | |||
| Whether the urinals, latrine, spittoons cleaning once within 7 days | |||
| Whether the factory/establishment is covered by the provisions (, where 20 or more worker are employed in any day preceding 12 months) | |||
| 10 | Contract Labour (Regulation and Abolition) Act, 1970 | Whether the factory/establishment has duly submitted all returns to the Commissioner/Regional Commissioner as per the provisions of the Act, Rules and Regulations made in this behalf. | |
| Whether the establishment has duly applied for and obtained the certificate of registration before the employment of any contract labour. | |||
| Whether all the contractors engaged by the establishment to supply workmen do possess valid licence.( valid for 12 months) | |||
| Half-yearly return by the contractor to the concerned licencing officer in (FORM XXIV ). | |||
| Annual Return in duplicate. Not later than 15 Feb following the end of each calendar year to Registering Authority having jurisdiction (FORM XXV) | |||
| Whether canteen facility available for contract labour ( more than 100 or more) | |||
| Whether restroom is available for the halt and stay or not | |||
| Application for renewal of the licence in triplicate not less than 30 days before expiry to the concerned licencing officer (FORM-VII) | |||
| Notice of commencement /completion of contract work by the Contractor within 15 days (FORM VI-A) | |||
| Return of Notice within 15 days of commencement or completion of each contract by principle employer to the concerned inspector under the act (FORM VI-B) | |||
| 11 | The apprentice Act, 1961 | Whether the apprentice is hired or not | |
| Whether the contract has signed with apprentice or not | |||
| Form Apprenticeship 1 Rule 14: Half Yearly Returns | |||
| Form Apprenticeship 3 Rule 14: Record of the progress of the apprentice | |||
| Whether the maintained the register of attendance and register of no. of apprentice or not | |||
| Whether the employer provide necessary infrastructure and instruction staff or not | |||
| Form Apprenticeship 2 Rule 14: Return of engagement of apprentice | |||
| 12 | The Air ( prevention and control of pollution) Act, 1981 | Whether the register under this act or not | |
| Whether the received guidance from the department if any | |||
| Whether they comply of guidance or not | |||
| Whether they comply with the act or not | |||
| 13 | The Indian boiler Act,1923 | Form XVI-H Certificate of Approval as Well Known Material Testing 110 | |
| 14 | The Building and other construction workers ( regulation of employment and condition of services) 1996 | Annual Return in duplicate. Not later than 15 Feb following the end of each calendar year to Registering Authority having jurisdiction (FORM XXV) | |
| Notice of accident within 4 hours in case of Fatal accident and 72 hours in case of others | |||
| Intimation about the commencement of work within 30 days of the commencement of work to assessing officer in (FORM IV) | |||
| Return about the levy of collection of Cess to Concerned Authority in ( FORM I) | |||
| Notice of commencement /completion at least 30 days before (FORM IV) to the concerned inspector | |||
| 15 | The Employee state insurance Act 1948 | Notice of commencement /completion at least 30 days before (FORM IV) to the concerned inspector | |
| 16 | Environment ( Prevention and Protection Act ,1986 | Whether the register under this act or not | |
| Whether the received guidance from the department if any | |||
| Whether they comply with guidance or not | |||
| Whether they comply with the act or not | |||
| 17 | The Equal Remuneration Act 1976 | Whether the employer pays Equal remuneration to Male and Female workmen, who are indulged in the same working condition. | |
| Maintain Register in FORM-D up-to-date. | |||
| Whether the employer prepares the document of standing order or not. | |||
| 18 | The Industrial Employment (Standing order) Act 1946 | Whether the standing certified by certifying officer. | |
| Whether the document of the standing order is as follows Modal standing order or not | |||
| Whether the Standing order displayed on notice board or not ( in English as well as the local language) | |||
| 19 | The Fatal Accidents Act 1947 | ||
| 20 | The maternity Benefits Act,1961 | Whether any women worker has taken the maternity leave or not | |
| FORM 6 – Return of Contributions | |||
| Annual return and details of payment ending 31st December in ( FORM L, M, N, O) to the competent authority under the act | |||
| Whether the register is maintained of women, who took leave of maternity. | |||
| 21 | The Public Liability Insurance Act 1991 | Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level. | |
| 22 | Sexual harassment of women at the Workplace (Prevention… | ||
| 23 | The Water (Prevention and Control of Pollution) Act 1974 | i) Operation of the plant(s), product(s) being manufactured, the raw material being used with quantity, | |
| ii) Status of operation of Environment Management System comprising of generation and control measures taken for Water /Air /Solid Wastes/ Hazardous Wastes and their storage and disposal. | |||
| iii) Maintenance of records in the form of logbooks etc. for pollution control devices, energy meter reading, raw consumption of water/fuel and other as deemed fit to the Inspection Team. | |||
| iv) The number of outlets provided for disposal of waste water/liquid waste and compliance of thereof. | |||
| v) The number of emission stacks/vents/boilers/ furnaces with their capacity etc. vi) Area within or outside the premises to check any unauthorized disposal or general housekeeping. | |||
| vii) The compliance of the conditions of previously granted Consents / Authorizations under Environmental Laws. viii) Online Continuous Monitoring system details (if applicable) |
Joginder Pal- CS Final- CS Trainee | [email protected]
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