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The Workmen’s Compensation Act, 1923Expand

Workmen’s Compensation Act 1923 is central legislation which provides for payment of compensation for injuries suffered by a workman in the course of and arising out of his employment according to the nature of injuries suffered and disability incurred, where death results from the injury, the amount of compensation is payable to the dependants of the workmen.

Appointment of commissioner

All the Deputy Labour Commissioner have been appointed as Commissioner under Workmen’s Compensation Act. Where an employer is in default in paying the compensation due under this Act, within one month from the date it fell due, the Commissioner shall

  • Direct that the employer in addition to the amount of arrears, pay simple interest there on at the rate of 12% per annum or on such higher rates.
  • Commissioner has the power under the Act to impose penalty and the interest on the cleared amount as per the provision of the act.
  • During the period 2002, 535 claims were made and upto September 2003, 633 claims have been decided by the Commissioners appointed under the Act.

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The Payment of Wages Act, 1936Expand

This was enacted in the year 1936 by the central government to ensure that the employees are paid their wages on time and without unauthorized deductions. It is binding upon all the establishments where less than 1000 labors are employed and as such are required to pay the wage amount by the 7th of every month and before 10th of every month under any circumstances. It gives the grieved workers authority to file suit against the employer under the said Act.

The Act is applicable in all the commercial concerns where the number of people employed is not less than 20. In special cases, the government may order compliance with the Act even is the above criterion is not met.

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The Weekly Holidays Act, 1942Expand

Definitions – In this Act, unless there is anything repugnant in the subject or context, –

  • “Establishment” means a shop, restaurant or theatre;
  • “Day” means a period of twenty-four hours beginning at midnight;
  • “Restaurant” means any premises in which is carried on principally or wholly the business of supplying meals or refreshments to the public or a class of the public for consumption on the premises but does not include a restaurant attached to a theatre;
  • “Shop” includes any premises where any retail trade or business is carried on, including the business of a barber, or hair dresser, and carried o, including the business of a barber, or hair dresser, catalogues, and other similar sales at theatres;
  • “Theatre” includes any premises intended principally or wholly for the presentation of moving pictures, dramatic performances or stage entertainments;
  • “Week” means a period of seven days beginning at midnight on Saturday.
  • Read More:
    http://www.vakilno1.com/bareacts/holidaysact/holidaysact.htm

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The Bombay Shops & Establishment Act, 1948Expand

Enacted by the state government of Maharashtra, this Act seeks to safeguard the interests of the various employees employed in the various establishments and shops such as industries, manufacturing units, restaurants, theaters, commercial shops, call centers etc.

The jurisdiction of the Act is the entire state of Maharashtra and the penalty for non-compliance ranges from Rs 50 to Rs. 1500.

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The Employees State Insurance Act, 1948Expand

It was enacted with a view to providing social security and insurance to the workers employed in certain establishments of the unorganized sectors. The insurance benefit is provided against such contingencies as sickness, maternity obligations, work hazards or injury due to accidents at the work place. All the establishments, irrespective of their seasonal or regular nature are expected to provide their employees with insurance benefits under the purview of the Act.

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The Minimum Wages Act, 1948Expand

Passed by the Government of India with a view to fixing a minimum rate of wages for workers employed in different forms of employment, Minimum Wages Act seeks to provide the workers what is their minimum possible due. Apart from that, it also lays down conditions on the working hours, overtime wages, holidays etc.

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The Employees Provident Fund & M. P. Act, 1952Expand

It’s a central government legislation that states clearly the need for providing the employees with Provident Fund, Family Pension Fund Scheme and Employees Deposit Linked Insurance Scheme. The employee as well as the employer contribute and equal amount of money over a regular period of time during the term of employment. The employee gets the money after he retires from the organization.

The Act is applicable in all the commercial concerns where the number of people employed is not less than 20. In special cases, the government may order compliance with the Act even is the above criterion is not met.

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The Bombay Labour Welfare Fund Act, 1953Expand

Labor Welfare Fund was set up with a view to providing the workers in the unorganized sectors an assurance to avail such social amenities as Public Health and Sanitation, housing, social security, water supply, education, etc.

Every state creates rules regarding its own Labor Welfare Fund and the jurisdiction for the same falls under the labor ministry of respective state governments.

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The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959Expand

The Employment Exchanges (Compulsory Notification of Vacancies) Act was enacted in 1959 to provide for compulsory notification of vacancies to the Employment Exchanges and for the rendition of returns relating to Employment situation by the employers. This act came into force with effect from 1st May, 1960.

All Establishments in Public Sector and such establishments in private Sector excluding Agriculture, where ordinarily 25 or more persons are employed come within the purview of the Act. These establishments are required to notify all vacancies (other than those exempted) to the appropriate Employment Exchange as notified in the official Gazette by the State Government in the prescribed format. This Act will not apply to vacancies in any employment in agriculture (including horticulture), domestic service, unskilled office work , employment connected with he staff of parliament, and if the total duration of the vacancies are less than three months.

Read More: http://www.tn.gov.in/acts-rules/labour/empexg-act.pdf

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The Apprentices Act, 1961Expand

A central government legislation that forms the basis of the contract between an apprentice and an employer, The Apprentices Act, 1961 entitles an apprentice to such benefits as a decent rate of stipend, proper training and work on projects. It also binds upon him the obligation to abide by the terms and conditions of his employer which are themselves framed within the purview of the standards set by the ACT.

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The Maternity Benefit Act, 1961Expand

Application

This Act is a central legislation, which provides maternity benefits and is applicable to factories covered under the Factories Act, 1948. It also applies to Shops and Establishments in which ten or more workers are employed or were employed on any day of the preceding twelve months.

Important Provisions

The provisions of this Act do not apply to any factory or establishment to which the provisions of Employee state Insurance Act, 1948 apply. The Rules have been framed under this Act, according to which Inspector of Factories is ex-officio Chief Inspector under this Act in respect of factories registered under the Factories Act, 1948.

Read More : http://labour.delhigovt.nic.in/act/details_acts/maternitybenefit/index.html

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The Payment of Bonus Act, 1965Expand

Enacted by the central government and applicable in the whole of India, the Payment of Bonus Act, 1965 seeks to establish and regulate the system of paying the bonus to the employees of establishments on the basis of the productivity cycles or the profits accrued by the establishment. It applies to all the establishments and necessarily to those which have twenty or more employees employed with it.

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The Contract Labour ( R & A ) Act, 1970Expand

It was enacted by the central government in order to regulate the working conditions and the wages for the contract labor in various establishments and also abolish the practice for certain category of employments. It is applicable to every establishment which has twenty or more contract laborers employed on any given day in a fiscal year. The work which are of intermittent nature and casual nature are exempted from the purview of the Act.

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The Payment of Gratuity Act, 1972Expand

This Act seeks to regulate the system of paying gratuity to the employees of such establishments as mines, factories, mills, plantation, shops, Railway Company and ports. It is applicable to all the establishments which come under its purview and once applicable, the number of employees employed with the firm at any given day does not affect the regulation at all.

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The Maharashtra State Tax on Professions, Trades, Callings & Employment Act, 1975Expand

This was enacted in the year 1936 by the central government to ensure that the employees are paid their wages on time and without unauthorized deductions. It is binding upon all the establishments where less than 1000 labors are employed and as such are required to pay the wage amount by the 7th of every month and before 10th of every month under any circumstances. It gives the grieved workers authority to file suit against the employer under the said Act.

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The Equal Remuneration Act, 1976Expand

Object of the Act

To provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on The ground of sex, against woman, in the matter of employment and for connected or incidental

Duty of employer To pay equal remuneration to men and women workers for same work or work of a simllar nature

  • No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, cash or in kind. at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of a similar nature.
  • No employer shall reduce the rate of remuneration
  • Where the rates or remuneration payable before the Commencement of this Act for man and women workers for the same work or work of a similar nature are different only on the ground of sax, then the higher or the highest or the highest rate at which remuneration to be paid.

Read More: http://www.jmehtanco.com/equal_remuneration_act_1976.html

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The Standing Order Act, 1976Expand

Matters to be provided in Standing Orders

  • Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
  • Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates
  • Shift working
  • Attendance and late coming.
  • Attendance and late coming.
  • Conditions of, procedure in applying for. and the authority which may grant, leave and holidays.
  • Requirement to enter premises by certain gates, and liability to search.
  • Closing and re-opening of sections of the industrial establishments, and temporary stoppages of work and the right and liabilities of the employer and workmen arising therefrom.
  • Termination of employment, and the notice thereof to be given by employer and workmen.
  • Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
  • Means of redressal for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.

Sees. 2(g), 3(2) and Rule 2A

Read More: http://www.jmehtanco.com/industrial_employment_act_1946.html

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The Maharashtra Workmen’s Minimum House-Rent Allowance Act, 1983Expand

This was passed by the government of the state of Maharashtra to ensure a minimum percentage of the wage rate as the house rental allowance to the workers in the unorganized sector. It is applicable to all such establishments which have more than 50 workers employed in it. The current HRA stands at 5% of the wage rate or Rs. 20, whichever is higher.

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The Private Security Guard Act, 2005Expand

Definitions -In this Act, unless the context otherwise requires, All the Deputy Labour Commissioner have been appointed as Commissioner under Workmen’s Compensation Act. Where an employer is in default in paying the compensation due under this Act, within one month from the date it fell due, the Commissioner shall

  • “armoured car service means the service provided by deployment of armed guards along with armoured car and such other related services which may be notified by the Central Government or as the case may be, the State Government from time to time;
  • “Controlling Authority means the Controlling Authority appointed under subsection (1) of Section 3;
  • licence means a licence granted under sub-section (5) of Section 7;
  • “notification means a notification published in the Official Gazette;
  • “prescribed means prescribed by rules made under this Act;
  • “private security means security provided by a person, other than a public servant, to protect or guard any person or property or both and includes provision of armoured car service;
  • “private security agency means a person or body of persons other than a government agency, department or organisation engaged in the business of providing private security services including training to private security guards or their supervisor or providing private security guards to any industrial or business undertaking or a company or any other person or property;
  • “private security guard means a person providing private security with or without arms to another person or property or both and includes a supervisor;
  • “State Government, in relation to a Union territory, includes the Administrator of that Union territory appointed by the President under Article 239 of the Constitution.
Contents

Sections
1) Received the assent of the President on June 23, 2005 and published in the Gazette of India, Extra., Part II,
Section 1

  • Short title, extent and commencement
  • Definitions
  • Appointment of Controlling Authority
  • Persons or Private Security Agency not to engage or provide private security guard without licence
  • Eligibility for licence
  • Persons not eligible for licence
  • Application for grant of licence
  • Renewal of licence
  • Conditions for commencement of operation and engagement of supervisors
  • Eligibility to be a private security guard
  • Conditions of licence
  • Licence to be exhibited
  • Cancellation and suspension of licence
  • Appeals
  • Register to be maintained by a private security agency
  • Inspection of licence, etc
  • Issue of photo identity card
  • Disclosure of information to unauthorised person
  • Delegation
  • Punishment for contravention of certain provisions
  • Penalty for unauthorised use of certain uniforms
  • Offences by companies
  • Indemnity
  • Framing of model rules for adoption by States
  • Power of State Government to make rules

THE SCHEDULE An Act to provide for the regulation of private security agencies and for matters connected therewith or incidental thereto Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as

Read More: http://www.ebc-india.com/downloads/private_security_agencies_etc_act_2005.pdf

For Further Queries:

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