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Labour law updated


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Labour law updated

  1. 1. Kumar’s
  2. 2. Kumar’sAPPRENTICES ACT, 1961CHECKLISTObject of the ActPromotion of new manpower at skills.Improvement/refinement of old skillsthrough theoretical and practical trainingin number of trades and occupationIndustryIndustry means any industry, or businessor in which any trade, occupation orsubject/field in engineering or technologyor any vocational course may be specifiedas a designated tradeSec. 2(k)Applicability of the ActAreas and industries asnotified by the CentralGovernmentSec. 1Apprenticeship AdvisorCentral ApprenticeshipAdvisor ’ when appointedby Central Government.Sec. 2(b)Qualification for being trained as an ApprenticeA person cannot be an apprentice in any designated tradeunless.He is not more than 14 years of age;.He satisfies such standard of educationAnd physical fitness asMay be prescribed. Sec. 3Contract of ApprenticeshipTo contain such terms andconditions as may be agreed to bythe apprentice, or his guardian (incase he is a minor) and employers.Sec. 4Termination ofApprenticeshipOn the expiry of the period ofApprenticeship training.On the application by either of theparties to the contract to theApprenticeship AdvisorSec. 6Conditions for Novation ofContract of Apprenticeship.There exists an apprenticeshipcontract..The employer is unable to fulfil hisobligation..The approval of the ApprenticeshipAdvisor is obtained..Agreement must beregistered with theApprenticeship Advisor.Sec. 5Number of Apprentices inDesignated Trade
  3. 3. To be determined by The CentralGovernment after consulting theCentral Apprenticeship CouncilSec.8Payment to ApprenticesThe employer to pay such stipend at a rateof not less than the prescribed minimumrate as may be specified.Sec. 6Obligations of Apprentice.To learn his trade conscientiously, diligently..To attend practical and instructional classes regularly..To carry out all lawful orders..To carry out his contractual obligations.Health safety & Welfare measures for ApprenticesAs per Factories Act or Mines Act as the case may be whenundergoing training.Hours of work.42 to 48 in a week while on theoretical training..42 in a week while on basic training..42 to 45 in a week in second year of training..As per other workers (in the third year)..Not allowed to work between 10 PM to 4 AM unless approved byApprenticeship Advisor.Leave and Holidays.Casual leave for the maximum period of 12 days in a year..Medical leave for the maximum period of 15 days and theaccumulated leave upto 40 days in a year..Extraordinary leave upto a maximum period of 10 days in a year.Sec. 15Employer’s liability to paycompensation for injuryAs per provisions of Workmen’sCompensation Act.Sec. 16Offences & PunishmentImprisonment of a term upto 6months or with fine whenemployer (I) engages as anapprentice a person who is notqualified for being so engagedor (ii) fails to carry out theterms and conditions of acontract of apprenticeship, or(iii) contravenes the provisionsof the Act relating to thenumber of apprentices which heis required to engage underthose provisionsSecs. 30 & 31Period ofApprenticeshipTraining to beDetermined by theNational CouncilObligations ofemployers.To Provide theapprentice withthe training in histrade..To ensure that aperson dulyqualified is placed
  4. 4. in charge of thetraining of theapprentice..To carry outcontractualobligations.Sec. 11
  5. 5. Kumar’sCONTRACT LABOUR(REGULARATION & ABOLITION) ACT,1970 & THE RULESCHECKLISTLicensing of Contractor.Engaging 20 or more than20 workers and on depositof required fee in Form IV..Valid for specifiedperiod.Sec.12, Rule 21Applicability.Every establishment in which 20 or moreworkmen are employed or wereemployed on any day of the preceding12 months as contract labour..Every contractor who employs or whoemployed on any day of the precedingtwelve months 20 or more workmen.Sec. 1Object of the ActTo regulate theemployment of contractlabour in certainestablishments and toprovide for its abolition incertain circumstances andfor matters connectedtherewith.Prohibition of Employment of ContractLabourOnly by the appropriate Governmentthrough issue of notification afterconsultation with the Board (and not Courts)can order the prohibition of employment ofcontract labour. Sec. 10Registers of Contractors.Principal employer.To maintain a register of contractor inrespect of every establishment in FormXII..Contractor Rule 74.To maintain register of workers foreach registered establishment in FormXIII..To issue an employment card to eachworker in Form XIV..To issue service certificate to everyworkman on his termination in FormXV. Rules 75, 76 and 77Muster Roll, Wages Register, Deduction Register and Overtime Register byContractor.Every contractor shall.Maintain Muster Roll and a Register of Wages in Form XVI and Form XVIIrespectivelywhen combined..Register or wage-cum-Muster Roll in Form XVII where the wage period is afortnight orless..Maintain a Register of Deductions for damage or loss, Register or Fines andRegister ofAvances in Form XX, from XXI and Form XXII respectively.
  6. 6. .Maintain a Register of Overtime in Form XXIII..To issue wage slips in Form XIX, to the workmen at least a day prior to thedisbursementof wages..Obtain the signature or thumb impression of the worker concerned against theentriesrelating to him on the Register of wages or Muster Roll-Cum-Wages Register..When covered by Payment of Wages Act, register and records to be maintainedunderthe rules.Muster Roll, Register of wages, Register of Deductions, Register of Overtime,Register ofFines, Register of Advances, Wage slip. Rule 79.To display an abstract of the act and Rules in English and Hindi and in thelanguagespoken by the Majority of workers in such forms as may be approved byappropriateauthority Rule 80.To display notices showing rates of wages, hours of work, wage period, dates ofpayment, names and addresses of the inspector and to send copy to the inspectorandany change forwithwith Rule 81Registration ofEstablishmentPrincipal employer employing20 or more workers throughthe contractor or thecontractor(s) on deposit ofrequired fee in Form 1Sec. 7Revocation of RegistrationWhen obtained byMisrepresentation orsuppressionOf material facts etc. afteropportunity to the principalemployerSec. 9Revocation or Suspension &Amendment of Licences.When obtained by misrepresentation orsuppression of material facts..Failure of the contractor to comply withthe conditions or contravention of Act orthe Rules. Sec. 14Welfare measures to be taken by the Contractor.Contract labour either one hundred or more employed by a contractorfor one or more canteens shall be provided and maintained..First Aid facilities..Number of rest-rooms as required under the Act..Drinking water, latrines and washing facilities. Sec. 16 & 17Laws, Agreement or standingorders inconsistent with the Act-Not PermissibleUnless the privileges in the contractbetween the parties or more favourablethan the prescribed in the Act, suchcontract will be invalid and the workers willcontinue to get more favourable benefits.Sec. 20Liability of Principal Employer.To ensure provision for canteen, restrooms, sufficient supply of drinkingwater, latrines and urinals, washing facilities.
  7. 7. .Principal employer entitled to recover from the contractor for providing suchamenities or to make deductions from amount payable. Sec. 20PENALTIESSec. Offence PunishmentSec. 22 Obstructions For obstructing the inspector or failing to produceregisters etc.- 3 months’ imprisonment or fine upto Rs.500, or both.Sec.23 Violation For violation of the provisions of Act or the Rules,imprisonment of 3Months or fine upto Rs.1000. On continuing contravention, additional fineupto Rs.100 per day
  8. 8. Kumar’sEMPLOYEES’ PROVIDENT FUNDS & MISC. PROVISIONS ACT, 1952CHECKLISTEligibilityAny person who is employed forwork of an establishment oremployed through contractor inor in connection with the work ofan establishment.Clarification about ContributionAfter revision in wage ceiling fromRs.5000 to Rs.6500 w.e.f. 1.6.2001 permonth, the government will continue tocontribute 1.16% upto the actual wageof maximum Rs.6500 per monthtowards Employees’ Pension Scheme.The employer’s share in the PensionScheme will be Rs.541 w.e.f. 1.6.2001.Under Employees’ Deposit-LinkedInsurance Scheme the contribution @0.50% is required to be paid upto amaximum limit of Rs.6500.The employer also will payadministrative charges @ 0.01% onmaximum limit of Rs.6500 whereas anexempted establishment will payinspection charges @ 0.005% on thetotal wages paid.Notes:The above clarification is given by takingwages upto a maximum of Rs.6500towards wage (basic+DA).Since an excluded employee i.e.drawing wages more than Rs.6500 canalso become member of the Fund andthe Schemes on joint request and if, forinstance, such an employee is gettingRs.10,000 per month, his share towardsprovident fund contribution will beRs.1200 e.g. 12% and employer’s sharetowards provident fund contributioin willbe Rs.659 and Rs.541 towardsEmployees’ Pension Fund.Payment of Contribution.The employer shall pay thecontribution payable to the EPF,DLI and Employees’ Pension Fundin respect of the member of theEmployees’ Pension Fundemployed by him directly by orthrough a contractor..It shall be the responsibility of theprincipal employer to pay thecontributions payable to the EPF,DLI and Employees’ Pension Fundby himself in respect of theemployees directly employed byhim and also in respect of theemployees directly employed by
  9. 9. him and also in respect of theemployees employed by or througha contractor.& THE SCHEMESApplicability.Every establishment which is factory engaged in any industry specified inSchedule 1 and in which 20 or more persons are employed..Any other establishment employing 20 or more persons which CentralGovernment may, by notification, specify in this behalf..Any establishment employing even less than 20 persons can be coveredvoluntarily u/s 1(4) of the Act.BenefitsEmployees covered enjoy a benefit of Social Security in the form of anunattachable and unwithdrawable (except in severely restricted circumstanceslike buying house, marriage/education, etc.) financial nest egg to whichemployees and employers contribute equally throughout the covered persons’employment.This sum is payable normally on retirement or death. Other Benefits includeEmployees’ Pension Scheme and Employees’ Deposit Linked Insurance Scheme.Rates of ContributionSCHEME EMPLOYEE’S EMPLOYER’S CENTRAL GOVT’SProvident FundScheme 12%Amount > 8.33%(in case wherecontribution is 12%of 10%)10% (in case ofcertainEstablishments asper details givenearlier)NILInsuranceScheme NIL 0.5 NILPension Scheme NIL8.33% (Divertedout of ProvidentFund1.16%Damages.Less than 2 months ’.@ 17% per annum.Two months and above but less than upto four months ’.@22% per annum.Four months and above but less than upto six months ’.@ 27% per annum.Six months and abovePenal ProvisionLiable to be arrested without warrant being a cognisable offence.Defaults by employer in paying contributions or inspection/administrativecharges attract imprisonment upto 3 years and fines upto Rs.10,000 (S.14). Forany retrospective application, all dues have to be paid by employer withdamages upto 100% of arrears.
  10. 10. Kumar’sEMPLOYEES’ STATE INSURANCEACT, 1948 & the SCHEMECHECK LISTApplicability ofthe Act & SchemeIs extended in area-wise to factories usingpower and employing10 or more personsand to non-powerusing manufacturingunits and establishmentsemploying 20or more person uptoRs.7500/-per monthw.e.f. 1.4.2004. Ithas also been extendedupon shops,hotels, restaurants,roads motor transportundertakings, equipmentmaintenancestaff in the hospitals.Coverageof employeesDrawing wagesupto Rs.10000/permonthengaged eitherdirectly or thru’contractorRate ofContribution ofthe wagesEmployers’ 4.75%Employees’ 1.75%THE ESI SCHEME TODAYNo. of implemented Centres 677No. of Employers covered 2.38 lacsNo. of Insured Persons 85 lacsNo. of Beneficiaries 330 lacsNo. of Regional Offices/SRO’s 26No. of ESI Hospitals/Annexes 183No. of ESI Dispensaries 1453No. of Panel Clinics 2950Manner and Time Limitfor making Payment of contributionThe total amount of contribution (employee’sshare and employer’s share) is to be depositedwith the authorised bank through a challan inthe prescribed form in quadruplicate on orebefore 21st of month following the calendarmonth in which the wages fall due.BenefitsTo the employees under the ActMedical, sickness, extended sicknessfor certain diseases, enhancedsickness, dependents maternity,
  11. 11. besides funeral expenses, rehabilitationallowance, medical benefit to insuredperson and his or her spouse.WAGES FOR ESI CONTRIBUTIONSRegisters/files to be maintained by the employersTo be deemed as wages.Basic pay.Dearness allowance.House rent allowance.City compensatoryallowance.Overtime wages (but notto be taken into accountfor determining thecoverage of an employee).Payment for day of rest.Production incentive.Bonus other thanstatutory bonus.Night shift allowance.Heat, Gas & Dustallowance.Payment for unsubstitutedholidays.Meal/food allowance.Suspension allowance.Lay off compensation.Children educationallowance (not beingreimbursement for actualtuition fee)NOT to be deemed aswages.Contribution paid by ktheemployer to anypension/provident fund orunder ESI Act..Sum paid to defray specialexpenses entailed by thenature of employment ’Daily allowance paid forthe period spent on tour..Gratuity payable ondischarge..Pay in lieu of notice ofretrenchmentcompensation.Benefits paid under theESI Scheme..Encashment of leave.Payment of Inam whichdoes not form part of theterms of employment..Washing allowance forlivery.Conveyance Amounttowards reimbursementfor duty related journeyContributionperiod1st April to 30thSeptember.1st October to 31stMarch
  12. 12. ContributionperiodIf the person joinedinsurance employment forthe first time, say on 5thJanuary, his firstcontribution period will befrom 5th January to 31stMarch and hiscorresponding first benefitwill be from 5th October to31st December.PenaltiesDifferent punishment have been prescribed for differenttypes of offences in terms of Section 85: (I) (sixmonths imprisonment and fine Rs.5000), (ii) (one yearimprisonment and fine), and 85-A: (five yearsimprisonment and not less to 2 years) and 85-C(2) ofthe ESI Act, which are self explanatory. Besides theseprovisions, action also can be taken under section 406of the IPC in cases where an employer deductscontributions from the wages of his employees butdoes not pay the same to the corporation whichamounts to criminal breach of trust.
  13. 13. Kumar’sApplicability of the ActAny premises whereon 10 ormore persons with the aid ofpower or 20 or more workersare/were without aid of powerworking on any dayd preceding12 months, wherein Manufacturingprocess is being carried on.Sec.2(ii)Employer to ensure health ofworkers pertaining to.Cleanliness Disposal of wastes andeffluents.Ventilation and temperature dust andfume.Overcrowding Artificial humidificationLighting.Drinking water Spittons.Secs. 11 to 20Registration & Renewalof FactoriesTo be granted by ChiefInspector of Factories onsubmission of prescribedform, fee and plan.Secs. 6FACTORIES ACT, 1948CHECK LISTAnnual Leave with WagesA worker having worked for 240 days @one day for every 20 days and for a childone day for working of 15 days.Accumulation of leave for 30 days.Secs. 79Safety Measures .Self-acting machines..Casing of new machinery..Facing of machinery .Prohibition of employment of.Work on near machinery in motion. women and children near.Employment prohibition of young persons cotton-openers.on dangerous machines. .Hoists and lifts..Striking gear and devices for cutting offpower.Working Hours, Spread Over & Overtime of AdultsWeekly hours not more than 48.Daily hours, not more than 9 hours.Intervals for rest at least ½ hour on working for 5 hours.Spreadover not more than 10½ hours.
  14. 14. Overlapping shifts prohibited.Extra wages for overtime double than normal rate of wages.Restrictions on employment of women before 6AM and beyond 7 PM.Secs. 51, 54 to 56, 59 & 60Employment of Young Persons.Prohibition of employment of young children e.g. 14 years..Non-adult workers to carry tokens e.g. certificate of fitnekss..Working hours for children not more than 4 ½ hrs. and not permitted towork during night shift.Secs. 51, 54 to 56, 59 & 60Welfare Measures.Washing facilities.Facilities for storing and dryingclothing.Facilities for sitting.First-aid appliances ’ one first aidbox not less than one for every150 workers..Canteens when there are 250 ormore workers..Shelters, rest rooms and lunchrooms when there are 150 or moreworkers..Creches when there are 30 ormore women workers..Welfare office when there are 500or more workers.OFFENCE PENALTIES Sec.92 to.For contravention of the Provisions of the Act or Rules .Imprisonment upto 2 years or fine upto Rs.1,00,000 or both.On Continuation of contravention .Rs.1000 per day.On contravention of Chapter IV pertaining to safety ordangerous operations..Not less than Rs.25000 in case of death..Not less than Rs.5000 in case of serious injuries..Subsequent contravention of some provisions .Imprisonment upto 3 years or fine not less than Rs.10,000which may extend to Rs.2,00,000..Obstructing Inspectors .Imprisonment upto 6 months or fine upto Rs.10,000 orboth..Wrongful disclosing result pertaining to results of analysis. .Imprisonment upto 6 months or fine upto Rs.10,000 orboth..For contravention of the provisions of Sec.41B, 41C and41H pertaining to compulsory disclosure of information byoccupier, specific responsibility of occupier or right ofworkers to work imminent danger..Imprisonment upto 7 years with fine upto Rs.2,00,000 andon continuation fine @ Rs.5,000 per day..Imprisonment of 10 years when contravention continuesfor one year.
  15. 15. Kumar’sEMPLOYMENT EXCHANGES(COMPULSORY NOTIFICATION OF VACANCIES)ACT, 1959 & THE RULESCHECK LISTObject of the ActTo provide for thecompulsorynotification ofvacancies toemploymentexchanges.Applicability of the ActBy notification in the OfficialGazette, appoint in thisbehalf for such State anddifferent dates may beappointed for different statesor for different areas of aState.When Act is not applicable.Any employment in agriculture,horticulture etc..Any employment in domestic service..Any employment, the total duration ofwhich is less than three months..Any employment to do unskilled officework..Any employment connected with thestaff of Parliament.Sec. 3Notification of vacancies to Employment ExchangesBefore filling up any vacancy as prescribed.Employer not obliged to recruit the person through employmentexchange.To notify the vacancies to such employment exchanges as may beprescribed.Secs. 4Time limit for notification of vacancies & selection.Atleast 15 days before the applicants will be interviewed or tested..Employer to furnish the result of selection within 15 days.Rules 5Submission of Returns.Quarterly in Form ER-I.BIENNIAL Return Form ER-II.Within 30 days by 30th June, 31stMarch, 30th September & 31stDecember.Rule 6Furnishing information andreturnsThe employer in every establishmentin public sector in that State or areashall furnish such information or returnas may be prescribed in relation tovacancies that have occurred or are
  16. 16. about to occur in that establishment,to such employment exchanges asmay be prescribed.Secs. 5.An employer contravening the provisions of Sec.4(1) or (2)..Fine upto Rs.500 for first offence and for every subsequent offence fineRs.1000..If any person ’.Required to furnish any information or return ’.Refuses or neglects to furnish such information or return, or.Furnishes or causes to be furnished any information or return which he knows tobe false, or.Refuses to answer, or gives a false answer to any question necessary forobtaining any information required to befurnished under section 5; or.Impedes the right of access to relevant records or documents or the right ofentry conferred by section 6; he shall bepunishable for the first offence with fine upto Rs.250 and for every subsequentoffence with fine upto Rs.250 and forevery subsequent offence with fine upto Rs.500. Rules 7PENALTIES
  17. 17. Kumar’sINDUSTRIAL DISPUTES ACT, 1947Prohibition of Strikes & Lock Outs.During the pendency of proceedings before a Labour Court,Tribunal or National.Tribunal and two months, after the conclusion of suchproceedings..During the pendency of arbitration proceedings before anarbitrator and two months after the conclusion of suchproceedings, where a notification has been issued underSub-Section(3A) of section 10A.During any period in which a settlement or award is inoperation, in respect of any of the matters covered by thesettlement or award. Secs.22&23Object of the ActProvisions for investigation and settlement of industrial disputes and forcertain other purposes.Important ClarificationsIndustry ’ has attained wider meaning than definedexcept for domestic employment, covers from barbershops to big steel companies. Sec.2(I)Works Committee’Joint Committee with equal numberof employers and employees’ representatives fordiscussion of certain common problems. Sec.3Conciliation’is an attempt by a third party in helping tosettle the disputes Sec.4Adjudication ’ Labour Court, Industrial Tribunal orNational Tribunal to hear and decide the dispute.Secs.7,7A & 7BPower of Labour Court to giveAppropriate ReliefLabour Court/Industrial Tribunal canModify the punishment of dismissal ordischarge of workmen and give appropriaterelief including reinstatement. Sec.11ARight of a Workman during Pendencyof Proceedings in High CourtEmployer to pay last drawn wages toreinstated workman when proceedingschallenging the award of hisreinstatement are pending in thehigher Courts. Sec.17BPersons Bound by Settlement.When in the course of conciliationproceedings etc., all persons workingor joining subsequently..Otherwise than in course ofsettlement upon the parties to thesettlement. Sec.18Period of Operation ofSettlements and Awards.A settlement for a period asagreed by the parties, or.Period of six months on signingof settlement..An award for one year after itsenforcement. Sec.19Lay off & Payment of Compensation ’Conditions for Laying offFailure, refusal or inability of an employer to providework due to
  18. 18. .Shortage of coal, power or raw material..Accumulation of stocks..Breakdown of machinery..Natural calamity. Sec.25-CNotice of Change21 days by an employer to workmenabout changing the conditions of serviceas provided in Ivth Schedule. Sec.9A.Without giving to the employer notice of strike, ashereinafter provided, within six weeks before striking..Within fourteen days of giving such notice..Before the expiry of the date of strike specified in anysuch notice as aforesaid..During the pendency of any conciliation proceedingsbefore a conciliation officer and seven days after theconclusion of such proceedings..During the pendency of conciliation proceedings beforea Board and seven days after the conclusion of suchproceedings.Lay off CompensationPayment of wages except forintervening weekly holidaycompensation 50% of total orbasic wages and DA for a periodof lay off upto maximum 45 daysin a year. Sec.25-CPrior Permission for Lay offWhen there are more than 100workmen during proceeding 12months. Sec.25-MRetrenchment of Workmen Compensation & Conditions.Workman must have worked for 240 days..Retrenchment compensation @ 15 days’ wages for every completed year to becalculated at last drawn wages.One month’s notice or wages in lieu thereof..Reasons for retrenchment.Complying with principle of ’last come first go’..Sending Form P to Labour Authorities.Prior Permission by theGovernment for Retrenchment.When there are more than 100 (inUP 300 or more) workmen duringpreceding 12 months..Three months’ notice or wagesthereto..Form QA.Compensation @ 15 days’ wages.Sec. 25-NConditions of service etc. to remain unchanged under certain circumstancesduring pendency of proceedings.Not to alter to the prejudice of workmen concerned the condition of service..To seek Express permission of the concerned authority by paying one month’swages on dismissal, dischargeor punish a protected workman connected with the dispute..To seek approval of the authority by paying one month’s wages before alteringcondition of service, dismissingor discharging or punishing a workman. Sec.33Conditions of service etc. to remain unchanged under certain circumstancesduring pendency of proceedings.Not to alter to the prejudice of workmen concerned the condition of service..To seek Express permission of the concerned authority by paying one month’swages on dismissal, discharge or punish aprotected workman connected with the dispute..To seek approval of the authority by paying one month’s wages before altering
  19. 19. condition of service, dismissing or dischargingor punishing a workman. Sec.33Prohibition of unfair labourpractice either by employer orworkman or a trade union asstipulated in fifth scheduleBoth the employer and the Union canbe punished. Sec.25-TClosure of an Undertaking60 days’ notice to the labour authorities forintended closure in Form QA. Sec.25FFAPrior permission atleast 90 days before inForm O by the Government when there are100 ore more workmen during preceding 12months (in UP 300 or more workmen)Sec.25-OPENALTIES OffenceCommitting unfair labour practicesIllegal strike and lock-ourtsInstigation etc. for illegal strike or lock-outs.Giving financial aid to illegal strikes and lock-outs.Breach of settlement or awardDisclosing confidential information pertaining to Sec.21Closure without 60 days’ notice under Sec.25 FFAContravention of Sec.33 pertaining to change of conditions ofService during pendency of dispute etc.When no penally is provided for contravention<PunishmentImprisonment of upto 6 months or with fine upto Rs.3,000.Imprisonment upto one month or with fine upto Rs.50(Rs.1000 for lock-out) orwith both.Imprisonment upto 6 months or with fine upto Rs.1,000Imprisonment for 6 months or with fine upto Rs.1,000Imprisonment upto 6 months or with fine.On continuity of offence fineuptoRs.200 per dayImprisonment upto 6 months or with fine upto Rs.1,000Imprisonment upto 6 months or with fine upto Rs.5,000Imprisonment upto 6 months or fine upto Rs.1,000. Fine upto Rs.100Sec.25-U262728293031A31
  20. 20. Kumar’s(STANDING ORDERS) ACT, 1946 & THE RULESCHECK-LISTApplicability ofthe ActEvery industrialestablishmentwherein 100 or more(in many States it is50 or more).Any industry coveredby BombayIndustrial RelationsAct, 1946.Industrialestablishmentcovered by M.P.IndustrialEmployment(Standing Orders)Act, 1961.Sec. 1Matters to be provided in Standing ordersClassification of workmen, e.g., whether permanent, temporary, apprentices,probationers, or badlis.Manner of intimating to workmen periods and hours of work, holidays, pay-daysandwage rates.Shift working.Attendance and late coming.Conditions of, procedure in applying for, and the authority which may grant,leave andholidays.Requirement to enter premises by certain gates, and liability to search.Closing and re-opening of sections of the industrial establishments, andtemporarystoppages of work and the right and liabilities of the employer and workmenarisingtherefrom.Termination of employment, and the notice thereof to be given by employer andworkmen.Suspension or dismissal for misconduct, and acts or omissions which constitutemisconduct.Means of redressal for workmen against unfair treatment or wrongful exactions bytheemployer or his agents or servants.Additional MattersService Record ’ Matters relating to service card, token tickets, certificationof service,change of residential address of workers and record of age Confirmation Age ofretirement Transfer Medical aid in case of Accident Medical Examination SecrecyExclusive service.Secs.2(g), 3(2) and Rule 2AConditions forCertification ofStanding Orders.Every matter to beset out as perSchedule and Rule
  21. 21. 2A..The standing ordersto be in conformitywith the provisionsof the Act.Submissions ofDraft StandingOrdersWithin six months fromthe date when the Actbecomes applicable toan industrialestablishment. Fivecopies of the draftStanding Orders are tobe submitted to theCertifying Officer underthe Act.Sec.3.Failure of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200for every day on continuation ofoffence..Fine of Rs.100 on contravention and on continuation of offence Rs.25 for everyday.Procedure forCertification of StandingOrdersCertifying Officer to forwarda copy of draft standingorders to the trade union orin the absence of union, tothe workmen of theindustry. The trade union orthe other representatives, asthe case may be, are to beheard.Sec.5Date ofOperation ofStanding OrdersOn the date ofexpiry of 30 daysfrom certification oron the expiry of 7days fromauthentication ofStanding Orders.Sec. 7Posting of StandingOrdersThe text of the standingorders as finally certifiedshall prominently beposted in English or in thelanguage understood bymajority of workmen onspecial board at or nearthe entrance for majorityof workers.Sec. 9Temporary applicationof Model StandingOrdersTemporary application of
  22. 22. mod standing orders shallbe deemed to be adoptedtill the standing orders assubmitted are certified.Sec.12-APayment of Subsistence Allowance to theSuspended WorkersAt the rate of fifty per cent, of the wages which the workmanwas entitled to immediately proceeding the date of suchsuspension, for the first ninety days of suspension.At the rate of seventy-five percent of such wages for theremaining period of suspension if the delay in the completionof disciplinary proceedings against such workman is notdirectly attributable to the conduct such workman. Sec.10-APENALTIES
  23. 23. Kumar’sMATERNITYBENEFIT ACT, 1961CHECK LISTObject of the ActTo protect the dignity ofmotherhood and thedignity of a new person’sbirth by providing for thefull and healthymaintenance of thewoman and her child atthis important time whenshe is not working.Coverage of the ActUpon all women employees either employeddirectly or through contractor except domesticwomen employees employed in mines, factories,plantations and also in other establishments if theState Government so decides. Therefore, if theState Government decides to apply this Act towomen employees in shops and commercialestablishments, they also will get the benefit ofthis Act. Bihar, Punjab Haryana, West Bengal,U.P., Orissa and Andhra have done so.Conditions for eligibility ofbenefitsWomen indulging temporary ofunmarried are eligible formaternity benefit when she isexpecting a child and hasworked for her employer for atleast 80 days in the 12 monthsimmediately proceeding thedate of her expected deliveryCash Benefits.Leave with average pay for six weeks before the delivery..Leave with average pay for six weeks after the delivery..A medical bonus of Rs.25 if the employer does not provide free medical care tothe woman..An additional leave with pay up to one month if the woman shows proof ofillness due to thepregnancy, delivery, miscarriage, or premature birth..In case of miscarriage, six weeks leave with average pay from the date ofmiscarriage.Non Cash Benefits/Privilege.Light work for ten weeks (six weeks plus one month) before the date of herexpected delivery, ifshe asks for it..Two nursing breaks in the course of her daily work until the child is 15 monthsold..No discharge or dismissal while she is on maternity leave..No change to her disadvantage in any of the conditions of her employment whileon maternityleave..Pregnant women discharged or dismissed may still claim maternity benefit fromthe employer.Exception : Women dismissed for gross misconduct lose their right under the Actfor Maternity
  24. 24. BenefitConditions for eligibility ofbenefits.Ten weeks before the date of herexpected delivery, she may askthe employer to give her lightwork for a month. At that timeshe should produce a certificatethat she is pregnant..She should give written notice tothe employer about seven weeksbefore the date of her deliverythat she will be absent for sixweeks before and after herdelivery. She should also namethe person to whom payment willbe made in case she can nottake it herself..She should take the payment forthe first six weeks before shegoes on leave..She will get payment for the sixweeks after child-birth within 48hours of giving proof that shehas had a child..She will be entitled to twonursing breaks of fifteen minuteseach in the course of her dailywork till her child is fifteenmonths old..Her employer cannot dischargeher or change her conditions ofservice while she is on maternityleave.Sec. 5.Leave for Miscarriage& Tubectomy Operation.Leave with wages at the rate ofmaternity benefit, for a period of sixweeks immediately following the day ofher miscarriage or her medicaltermination of pregnancy..Entitled to leave with wages at the rateof maternity benefit for a period of twoweeks immediately following the day ofher tubectomy operation.Leave for illness arising out ofpregnancy etc. etc.A woman suffering from illness arisingour of pregnancy, delivery, prematurebirth of child (Miscarriage, medicaltermination of pregnancy or tubectomyoperation) be entitled, in addition tothe period of absence allowed to herleave with wages at the rate ofmaternity benefit for a maximumperiod of one month.Sec. 10Prohibition of dismissal during absence of pregnancy.Discharge or dismissal of a woman employed during or on account of such absenceor to give notice or discharge or dismissal on such a day that the noticewill expire during such absence or to very her disadvantage..Discharge or dismissal during or on account of such absence or to give noticeof discharge or dismissal on such a day that the notice will expire during such
  25. 25. absence, or to vary to her disadvantage any of the conditions of her service..At the time during her pregnancy, if the woman but for such discharge ordismissal would have been entitled to maternity benefit or medical bonus, etc..Not barred in case of dismissal for cross misconduct. Sec.Failure to DisplayExtract of ActImprisonment mayextend to one year orfine.Forfeiture of maternity benefitIf permitted by her employer to absent herself under the provisions of section 6for any periodduring such authorized absence, she shall forfeit her claim to the maternitybenefit for suchperiod.For discharging or dismissing such a woman during or on account of her absencefrom work,the employer shall be punishable with imprisonment which shall not be less than3 months, butit will extend to one year and will find, but not exceeding Rs.5,000. Sec. 18
  26. 26. Kumar’sMINIMUM WAGES ACT, 1948CHECK LISTObject of the ActTo provide for fixingminimum rates of wagesin certain employmentsMinimum Rates ofWagesSuch as Basic rates ofwages etc. Variable DAand Value of otherconcessions etc. Sec. 4Fixing Hours forNormal Working.Shall constitute anormal working dayinclusive of one or morespecified intervals..To provide for a day ofrest in every period ofseven days withremuneration..To provide for paymentfor work on a day ofrest at a rate not lessthan the overtime rate..Sec. 13Wages for two class of workWhere an employee does two or moreclasses of work to each of which a differentminimum rate of wages is applicable,wages at not less than the minimum rate inrespect of each such class. Sec. 16Minimum time rate wages for piece workNot less than minimum rates wages asfixed . Sec. 17Fixation of Minimum Rates of Wages.The appropriate government to fix minimum rates of wages. The employeesemployed in para 1 or B of Schedule either at 2 or either part of notificationu/s 27..To make review at such intervals not exceeding five years the minimum rates orsofixed and revised the minimum rates.Government can also fix Minimum Wages for.Time work .Piece work at piece rate .Piece work for the purpose of securing tosuch employees on a time work basis .Overtime work done by employees for piecework or time rate workers. Sec. 3Procedure for fixing andrevising Minimum Rates ofWagesAppointing Committee issue ofNotification etc. Sec. 5OvertimeTo be fixed by the hour, by theday or by such a longer wage-period works on any day inexcess of the number of hoursconstituting normal working day.
  27. 27. Payment for every hour or forpart of an hour so worked inexcess at the overtime ratedouble of the ordinary rate of(1½ times or for agriculturelabour) Sec. 5Composition ofCommitteeRepresentation ofemployer and employeein schedule employer inequal number andindependent persons notexceeding 1/3rd or itstotal number one suchperson to be appointedby the Chairman.Sec. 9Payment ofMinimum Rates ofWagesEmployer to pay to everyemployee engated inschedule employment ata rate not less thanminimum rates of wagesas fixed by Notification bynot making deductionother than prescribed.Sec.12Wages of workers who works for less than normalworking daysSave as otherwise hereinafter provided, be entitled toreceive wages in respect of work done by him on that dayas if he had worked for a full normal working day.Sec.15Maintenance of registers and records.Register of Fines ’ Form I Rule 21(4).Annual Returns ’ Form III Rule 21 (4-A).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 Sec. 18Claims by employees.To be filed by before authority constituted under the Act within 6 months..Compensation upto 10 times on under or non-payment of wages Sec. 16PENALITIES Offence PunishmentSec. 20For paying less than minimum rates ofwagesImprisonment upto 6 months orwith fine upto Rs.500/Forcontravention of any provisionspertaining to fixing hours for normalworking day etc.Imprisonment upto 6 months orwith fine upto Rs.500/
  28. 28. Kumar’sSALES PROMOTION EMPLOYEES (CONDITIONSOF SERVICE) ACT, 1976 & THE RULESCHECKLISTObject of the ActTo regulate certain conditions of service of sales promotion employees incertain establishments.Applicability of the ActWhole of India with effect from6.3.1976Applicability of other Acts.Workmen’s CompensationAct, 1923.Industrial Disputes Act, 1947.Minimum Wages Act, 1948.Maternity Benefit Act, 1961.Payment of Bonus Act, 1965.Payment of Gratuity Act,1972Maintenance of register.A register of sales promotionemployees in Form B..Service Books for everyemployee in Form C.A register of service books inForm D.Leave account of eachemployee in Form E.Sec. 7 Rule 23Wages for weekly day ofrestEntitled to wages on weeklydays of rest as if he was onduty.Rule 7Affixing of holidays to leavePremixing or suffixing of anyleave not permissibleRule 11Quarantine leaveUpto 30 days on therecommendations of authorisedmedical attendant or PublicHealth Officer.Rule 16.Leave.Earned leave and cash compensation onearned leave not availed of..On full wages for not less than 1/11th ofthe period spent on duty..Leave on medical Certificate.On one-half of the waves for not lessthan 1/18th of the period of service..Cashable on voluntary relinquishment ortermination other than by way ofpunishment.Sec.4Number of holidays in a year10 in calendar year
  29. 29. Rule 4Compensatory holidaysWithin 30 days of the day when he wasrequired to work. Rule 5Application for leaveWhen other than casual leave, not less thanone month before commencement of leaveexcept for urgent or unforeseencircumstances.Rule 9Holidays intervening during the periodof leaveExcept casual leave grantged or day ofweekly rest, other holidays shall be part ofleave.Rule 12Extraordinary leaveAt the discretion of the employerRule 17PENALTYOn contravention of provisions relating to ’Leave’ Issue of Appointment LetterorMaintenance of Registers fine upto Rs.1000 Sec. 9Casual leave15 days in a calendar year.Rule 15Maximum limit upto whichearned leave.Can be accumulated 180 daysof which the employee canavail himself 90 days at atime..Encashment of leave 120days.Sec.14Issue of Appointment Letterin Form A.Within three months fromthe commencement of theAct and in other case onappointment.Sec.5 Rule 22Wages for holidaysTo be entitled for wages on allholidays as if he was on duty.Rule 6Recording of reason forrefusal or postponement ofleave.Rule 10Medical leaveOn production of medicalcertificate.Rule 15
  30. 30. Kumar’sTRADE UNIONS ACT, 1926CHECKLISTObject of the ActTo provide for the registration of Trade Union and in certain respectsto define the law relating to registered Trade UnionsRegistration of trade Union.Any 7 or more members of a trade union may, by subscribingtheir names to the rules of the trade union and its compliance..There should be at least 10%, or 100 of the work-men,whichever is less, engaged or employed in the establishment orindustry with which it is connected..It has on the date of making application not less than 7 personsas its members, who are workmen engaged or employed in theestablishment or industry with which it is connected.Registration of trade UnionPrescribed form with following details..Names, occupations and address of themembers’ place of work..Address of its head office; and.Names, ages, addresses and occupations of itsoffice bearers.Sec. 5Minimum requirements formembership of trade unionNot less than 10%, or 100 ofthe workmen, whichever is less,subject to a minimum of 7,engaged or employed in anestablishments etc.Sec. 9ACancellation ofregistration.If the certificate has beenobtained by fraud or mistake orit has ceased to exist or haswilfully contravened anyprovision of this Act..If it ceases to have therequisite number of members.Sec. 10Criminal conspiracy in tradedisputesNo office bearer or member of a registeredtrade union shall be liable to punishmentunder sub section (2) of conspiracy u/s 120Bof IPC in respect of any agreement madebetween the members for the purpose offurthering any such object of the TradeUnion.Sec. 17Disqualification of office bearers ofTrade UnionIf one has not attained the age of 18 years.Conviction for an offence involving moral turpitude.Not applicable when 5 years have elapsed.Sec. 21-AReturnsAnnually to the Registrar, on or before such date as may beprescribed, a general statement, audited in the prescribed
  31. 31. manner, of all receipts and expenditure of every registeredTrade Union during the year ending on the 31st December.Sec. 28Penalties Offence PunishmentU/s 31.For making false entry in or anyomission in general statementrequired for sending returns..For making false entry in theform..Fine upto Rs.500. On continuingdefault, additional fault, Rs.5 foreach week (not exceeding Rs.50)..Fine upto Rs.500.U/s 32 .Supplying false informationregarding Trade Union.Fine upto Rs.200.
  32. 32. Kumar’sPAYMENT OF BONUS ACT, 1965 & THE RULESCHECKLISTEligibility of BonusAn employee will be entitledonly when he has worked for30 working days in that year.Sec. 8Time Limit forPayment of BonusWithin 8 months from the close ofaccounting y ear. Sec. 19Applicability of ActEvery factory where in 10 or more persons are employedwith the aid of power orAn establishment in which 20 or more persons are employedwithout the aid of power on any day during an accounting yearComputation of available surplusIncome tax and direct taxes as payable.Depreciation as per section 32 of IncomeTax Act.Development rebate, investment ordevelopment allowance.Sec.5Components of BonusSalary or wages includesdearness allowance but noother allowances e.g.over-time, house rent,incentive or commission.Sec.2(21)Disqualification & Deduction of BonusOn dismissal of an employee for.Fraud; or.riotous or violent behaviour while on the premises of the establishment;or.theft, misappropriation or sabotage of any property of the establishmentor.Misconduct of causing financial loss to the Employer to the extent thatbonus can be deducted for that year.Secs. 9 & 18.Payment of Minimum Bonus8.33% of the salary or Rs.100(on completion of 5 years after 1stAccounting year even if there is noprofit)Sec.10Sec. 8Set-off andSet-onAs per Schedule IV.Sec. 15EstablishmentEstablishment includesDepartments, undertakingsand branches, etc.Separate establishmentIf profit and loss accounts areprepared and maintained in
  33. 33. respect of any suchdepartment or undertaking orbranch, then such departmentor undertaking or branch istreated as a separateestablishment.Sec.3Computation of grossprofitFor banking company, as perFirst Schedule.Others, as perSecond ScheduleSec.4Eligible EmployeesEmployees drawing wagesupto Rs.3500 per month orless.For calculation purposesRs.2500 per monthmaximum will be takeneven if an employee isdrawing upto Rs.3500 permonth.Sec.12Note: The proposal toenhance the existing ceiling ofRs.3500 is under activeconsideration by the Govt.Maintenance of Registers and Records etc..A register showing the computation of the allocable surplus referred to inclause (4) of section 2, in form A..A register showing the set-on and set-off of the allocable surplus, undersection 15, in form B.A register showing the details of the amount of bonus due to each of theemployees, the deductions undersection 17 and 18 and the amount actually disbursed, in form C.Sec.26, Rule 4Act not applicable to certain employees of LIC, General Insurance, Dock Yards,Red Cross, Universities & EducationalInstitutions, Chambers of Commerce, Social Welfare Institutions, BuildingContractors, etc. etc. Sec.32.PENALTY For contravention of any provision of the Act or the Rule Upto 6 monthsor with fine upto Rs.1000. Sec.28
  34. 34. Kumar’sSec.ApplicabilityEvery factory,mine, oil field,plantation, port,railways, company,shop,establishment oreducationalinstitutionsemploying 10 ormore employeesPAYMENT OFGRATUITYACT, 1972 & THE RULESCHECKLISTCalculationSeasonalemployee@ 7 days’wages for everycompleted yearof service.Sec.2(s)Wages forCalculation@ 15 days’ wagesfor everycompleted year asif the monthcomprises of 26days at the lastdrawn wages.Sec.1CalculationPiece-ratedemployee@ 15 dayswages foreverycompletedyear on anaverage of 3months’wagesQualifying periodOn rendering of 5years’ service,either termination,resignation orretirement.Sec.2(e)EmployeeAll employees
  35. 35. irrespective ofstatus or salaryEntitlementOn completionof five years’service exceptin case of deathor disablementRule4Display of NoticeOn conspicuousplace at the mainentrance in Englishlanguage or thelanguageunderstood bymajority ofemployees of thefactory, etc.Sec.6Rule 6NominationTo be obtainedby employer afterexpiry of oneyear’s service, inForm ’F’Sec.4(3)MaximumCeilingRs.3,50,000Rule9Mode ofpaymentCash or, if sodesired, byBank Draft orChequeRule9Penalties.Imprisonment for6 months or fineupto Rs.10,000 foravoiding to makepayment bymaking false statementor representa-tion..Imprisonment notless than 3 monthsand upto one yearwith fine ondefault in complyingwith theprovisions of Act orRules.Sec.8Rule 8Recovery ofGratuity
  36. 36. To apply within30 days in Form Iwhen not paidwithin 30 daysSec.4(6)Forfeiture of Gratuity.On termination of anemployee for moralturpitude or riotous ordisorderly behaviour..Wholly or partially forwilfully causing loss,destruction of property etc.Sec.13Protection ofGratuityCan’t be attachedin execution ofany decree
  37. 37. Kumar’sCHECKLISTPAYMENT OF WAGES ACT, 1936Applicability of Act.Factory industrial Establishment.Tramway service or motortransport service engaged incarrying passengers or good orboth by road for hire or reward.. Air transport service Dock,Wharf or Jetty . Inland vessel,mechanically propelled.Mine, quarry or oil-fieldPlantation.Workshop or other establishmentetc.Coverage of EmployeesDrawing average wage uptoRs.6500 pm as amended w.e.f.6.9.05.Fines as prescribed by.Not to imposed unless theemployer is given an opportunity toshow cause.To record in the registerSec.8Deductions for servicerenderedWhen accommodation amenity orservice has been accepted by theemployee.Sec.11Object of the ActTo regulate the payment of wages of certainclasses of employed personsWages to be paid incurrent coins or currencynotes.All wages shall be paid incurrent coins or currencynotes or in both..After obtaining theauthorization, either bycheque or by crediting thewages in employee’s bankAccount Sec. 6Time of payment of wagesThe wages of every person employed bepaid.When less than 1000 persons are employedshall be paid before the expiry of the 7th dayof the following month.When more than 1000 workers, before theexpiry of the 10th day of the followingmonth. Sec. 5Deduction made from wagesDeductions such as, fine, deduction foramenities and services supplied by the
  38. 38. employer, advances paid, over payment ofwages, loan, granted for house-building orother purposes, income tax payable, inpursuance of the order of the Court, PFcontributions, cooperative societies,premium for Life Insurance, contribution toany fund constituted by employer or a tradeunion, recovery of losses, ESI contributionsetc.etc. Sec. 7Deduction for damage or lossFor default or negligence of an employeeresulting into loss. Show cause notice has tobe given to the employee. Sec.10Deduction for absencefrom duties forunauthorised absenceAbsence for whole or anypart of the day ’If ten or more personsabsent without reasonablecause, deduction of wagesupto 8 days.Sec. 9On contravention of S.5 (except sub-sec.4), S.7, S.8 Fine not less than Rs.1000which may extend to Rs.5000.(except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to 13. On subsequentconviction fine not less than Rs.5000, mayextend to Rs.10,000. On contravention S.4, S.5(4), S6,S.8(8), S.10(2) or S.25 fine not less than Rs.1000. ’ mayextend to Rs.5000. On subsequent On conviction fine notless..For failing to maintain registers or records; or.Wilfully refusing or without lawful excuse neglecting tofurnish information or return; or.Wilfully furnishing or causing to be furnished anyinformation or return which he knows to be false or.Refusing to answer or wilfully giving a false answer toany question necessary for obtaining any informationrequired to be furnished under this Act..Fine which shall not be less than Rs.1000 but mayextend to Rs.5000 ’ On record conviction fine not lessthan Rs.5000, may extend to Rs.10,000..For second or subsequent conviction, fine not less thanRs.5000 but may extend to Rs.10,000.Wilfully obstructing an Inspector in the discharge of hisduties under this Act; or.Refusing or wilfully neglecting to afford an Inspector any Fine not less thanRs.1000 extendablereasonable facility for making any entry, inspection etc. Upto Rs.5000 ’ Onsubsequent conviction fine.Wilfully refusing to produce on the demand of aninspector any register or other document kept inpursuance of this Act; or preventing any person forappearance etc.not less than Rs.5000 ’ may extent to Rs.10,000
  39. 39. .On conviction for any offence and again guilty of .Imprisonment not less than one month extendable uptoContravention of same provision. six months and fine not less than Rs.2000extendable.Failing or neglecting to pay wages to any employee upto Rs.15000..Additional fine upto Rs.100 for each day.
  40. 40. Kumar’sWORKMEN’S COMPENSATIONACT, 1923CHECKLISTApplicabilityAll over IndiaSec.1Coverage of WorkmenAll workers irrespective of their status orsalaries either directly or throughcontractor or a person recruited to workabroad. Sec.1(3)Employer’s liability to paycompensation to a workmanOn death or personal injury resulting intototal or partial disablement or occupationaldisease caused to a workman arising outof and during the course of employment.Sec.3Amount of compensation.Where death of a workman results from the injury.An amount equal to fifty per cent of the monthly wages of thedeceased workman multiplied by the relevant factor on anamount of eighty thousand rupees, whichever is more..Where permanent total disablement results from the injury..An amount equal to sixty per cent of the monthly wages of theinjured workman multiplied by the relevant factor or an amountof ninety thousand rupees, whichever is moreProcedure for calculationHigher the age ’ Lower the compensation.Relevant factor specified in second column of Schedule IV givingslabs depending upon the age of the concerned workman..Example : In case of death..Wages Rs.3000 PM . Age 23 years.Factor as schedule IV Rs.19.95.Amount of compensation Rs.329935.In case of total disablement Rs.395910.Sec. 4When an employee is not liable forcompensation.In respect of any injury which doesresult in the total or partial disablementof the workman for a period exceedingthree days..In respect of any injury, not resulting indeath or permanent total disablementcaused by an accident which is directlyattributable to.The workman having been at the timethereof under the influence of drink ordrugs, or.Willful disobedience of the workman toan order expressly given, or to a ruleexpressly framed, for the purpose ofsecuring the safety of workmen, or.Willful removal or disregard by theworkman of any safety guard or otherdevice which he knew to have been
  41. 41. provided for the purpose of securing thesafety of workman.Sec.3(a) & (b)WagesWhen the monthly wages aremore than Rs.4000 per month itwill be deemed Rs.4000.Sec.4 Exh.bNoticeAccidentAs soon asPracticableSec. 10Report of accidentRule 11 Form EEReport of fatal Accident and Serious Injury within 7 days to theCommissioner (not application when ESI Act applies).Sec.10BBar upon contracting outAny workman relinquishing his right forpersonal injury not permissible.Sec.14PENALTY.In case of default by employer.Deposit of Compensation.50% of the compensation amount + interest to be paid to theworkman or his dependents as the case may be..Within one month with the Compensation CommissionerSec.4AKiranImagination was given to man to compensate him for what he is not,And a sense of humor was provided to console him for what he is.