Hi
I just wanted to know when does a company comes under Statutory laws?? I mean when the company has to register for the laws?? Does this comes after a company takes a minimum number of employees or when??
From India, Calicut
1I just wanted to know when does a company comes under Statutory laws?? I mean when the company has to register for the laws?? Does this comes after a company takes a minimum number of employees or when??
From India, Calicut
The statutory compliances under the labour laws start after you cross minimum 10 no of workmen strength. If its a mfg unit, factory licence is required to be taken. You also have to follow the minimum wages as per the scheduled employment in which your activity falls. If your co is in notified area of ESI, same will be applicable. Other laws such as Provident Fund etc. will be applicable after the strength crosses 20.
From India, Pune
From India, Pune
Sir,
Sir my company is having Goup Gratuity LIC scheme, and one of our employee expired due to severe heart attack , he is with us since last one and half years only. Please guide me wether LIC has provision to give him gratuity on death claim basis?
Thanks in advance
Priya
From India, Mormugao
Sir my company is having Goup Gratuity LIC scheme, and one of our employee expired due to severe heart attack , he is with us since last one and half years only. Please guide me wether LIC has provision to give him gratuity on death claim basis?
Thanks in advance
Priya
From India, Mormugao
Generally, a company is a form of business organization. Company is created under companies Act, 1956 with Main objective. Company is a group of people or company to promote products, selling , earning profits etc.
A factory or manufacturing plant is an industrial building where workers manufacture goods or supervise machines processing one product into another. Most modern factories have large warehouses or warehouse-like facilities that contain heavy equipment used for assembly line production. Typically, factories gather and concentrate resources — workers, capital and plant.
Regards
Manjay
From India, Mumbai
A factory or manufacturing plant is an industrial building where workers manufacture goods or supervise machines processing one product into another. Most modern factories have large warehouses or warehouse-like facilities that contain heavy equipment used for assembly line production. Typically, factories gather and concentrate resources — workers, capital and plant.
Regards
Manjay
From India, Mumbai
Please help me for the following compliance:
What are the legal/statutory compliances are to be followed as per Factory rule in details by Admin manager to handle independently a manufacturing industry in West Bengal?
Please mention as follows:
Legal-Compliance requirement/Act-Rules/Govt bodies/Frequency.
Thanks
From India, Calcutta
What are the legal/statutory compliances are to be followed as per Factory rule in details by Admin manager to handle independently a manufacturing industry in West Bengal?
Please mention as follows:
Legal-Compliance requirement/Act-Rules/Govt bodies/Frequency.
Thanks
From India, Calcutta
List of Compliances under the Factories Act:
The Factories act mandates the following compliances for the entities on which it is applicable:
Ø Sections 6 and 7 - Licensing of factory: An Occupier is required to get the license before commencement of production.
Ø Chapter III - Health provisions in factory: An employer is required to observe the health provisions like cleanliness, disposal of waste effluents, ventilation and temperature, dust and fume, over crowding, lighting, drinking water, latrine and urinals and spittoons.
Ø Chapter IV - Safety provisions: The employer is required to observe the safety provisions like fencing of machinery, work on or near machinery in motion, employment of young persons in dangerous machine, self acting machine, prohibition of woman and child labour near cotton openers, revolving machinery, pressure plant, protection of eyes and appointment of Safety Officer etc.
Ø Chapter V - Welfare provisions: An employer is required to follow welfare provisions such as washing facilities, facilities for storing and drying clothing, facilities for sitting, first aid appliances, canteen, shelters, lunch room, rest room, crèches and appointment of Welfare Officer.
Ø Chapter VI - Working hours of adults: An employer is required to follow the working hours and relating provisions such as weekly hours, weekly holiday, compensatory holiday, daily hours, intervals for rest, spread over, night shift, prohibition of over lapping shifts, extra wages for overtime and restriction on double employment etc.
Ø Chapter VII - Employment for young persons: An employer is required to obey the provisions relating to prohibition of young children, non adult workers to carry tokens, certificate of fitness, working hours for children, notice of period for work for children etc.
Ø The employer is also required to comply with the following provisions :
1. To allow annual leave with wages to the workers.
2. To maintain Register of annual leave with wages, Register of accidents, Register of whitewashing, Register of humidity, Register of inspections, Register of adult workers etc.
FACTORIES ACT, 1948 & BIHAR FACTORIES RULES, 1950
S.No Type & Nature Of Document Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remarks
1 Form 1 Application for permission to construct, extend or take into use any building as a factory To be submitted to the Chief Inspector Of Factories, duly signed by the Occupier Of the factory before commencing the manufacturing process
2 Form 2 Application for registration and grant or renewal of licence To be submitted by the Occupier/Manager to the Inspector Of Factories of the area concerned not later than the date on which the license expires
3 Form 3 Notice of Change of Manager Rule 12-A to be made by the occupier and submitted to the Chief Inspector Of Factories with the signature of the new manager and occupier appended
4 Form 4 Licence to work a factory Rule 5 To be granted by the Inspector Of Factories after verifying the correctness of the application. This licence shall remain valid upto 31st december of the year for which it is granted
5 Form 5 Certificate Of Fitness Rule 14-2(a) To be granted by the certifying surgeon to the young persons employed in a factory
6 Form 6 Humidity Regsiter Rule 24 Temperatures recorded in a Hygrometer to be entered in this register.
7 Form 7 Record of Lime Washings, Paintings etc. Rule 15 To be maintained with the dates on which white washing, colour washing, varnishing etc. are carried out.
8 Form 8 Report of examination of pressure vessel
9 Form 9 Register Of Compensatory Holidays Rule 77(4) To be maintained by the manager in respect of compensatory holidays
10 Form 10 Overtime Muster Roll for exempted workers Rule 78 To be maintained by the manager of every factory in which workers are exempted under Sections 64 or 65
11 Form 10-A Overtime Slip
12 Form 11 Notice Of Periods Of Work for Adult Workers Rule 79 To be exhibited by the Manager of every factory
13 Form 12 Register Of Adult Workers Rule 80 To be maintained in every factory
14 Form 12-A Identity Card Of Workers Rule 80-A To be issued to every worker with the signature of occupier/manager of the factory
15 Form 13 Notice of Periods of work for child workers Rule 85 To be exhibited by the Manager of every factory
16 Form 14 Register Of Child Workers Rule 86 To be maintained in respect of child workers employed
17 Form 15 Register Of Leave with wages Rule 87 To be maintained by the manager of every factory
18 Form 16 Health Register Section 87 To be maintained by the manager in respect of dangerous operations
19 Form 17-A Notice Of Accident or dangerous occurrence Rule 96 Within 12 hours of occurrence of an accident Factory Inspector; SDO;Officer-In-Charge of the nearest police station
20 Form 18 Notice Of Poisoning or disease Rule 97 To be sent by the manager of the factory as soons as any worker contacts any disease specified in the schedule to the Chief Inspector/ Inspector/Medical Inspector/Certifying Surgeon
21 Form 19 Abstract of the Act Rule 99 To be displayed in every factory
22 Form 20 Annual Return Rule 100(1) To be furnished by the Manager to the Chief Inspector before 15th January of the year subsequent to which it relates
23 Form 21 Half Yearly Return Rule 100(2) To be furnished by the Manager to the Chief Inspector before 15th July of each year
24 Form 22 Muster Roll Rule 103 To be maintained by the manager of every factory in respect of workers employed in the factory
25 Form 23 Register Of Accidents Rule 104 To be maintained in every factory furnishing complete details in respect of every accident which may occur
26 Form 24 Special Certificate Of Fitness To be granted by the certifying surgeon in respect of persons employed in operations involving use of lead compounds
27 Form 25 Certificate Of Fitness for dangerous operations Rule 96 To be granted by the certifying surgeon in respect of persons employed in dangerous operations
28 Form 26 Register Of Surgeon's fees for the issue of duplicate certificate Rule 14 To be maintained by the certifying surgeon or examining surgeon in respect of fees paid for issue of a duplicate certificate
29 Form 27 Certifying Surgeon's visit Note Rule 14 (9) To be handed over by the certifying surgeon or examining surgeon to the Manager detailing the result of each visit to the factory
30 Form 28 Diary Of Inspector Of Factories
31 Form 29 Closure Report Of a Factory
32 Form 30 Register of Water Sealed Gas Holder Rule 57-A To be maintained by the manager in respect of examination reports of the gas holders carried out by the person qualified to carry out the test
33 Form 31 Report of examination of water sealed gas holders Rule 57-A To be submitted by the person carrying out the examination in the form of a report to the manager or the occupier.
34 Form 32 Register of trained adult male workers employed to carry out mounting or shifting or belts, lubrications etc. Rule 59-A To be maintained in every factory carrying therein the name of every worker who may be employed in performing work specified in section 21
35 Form 33 Certificate to young persons considered fit to work at machine, plant or process of dangerous character Rule 59-B(2) To be maintained by the manager, containing therein the certifcates issued to young persons.
36 Form 34 Form Of Certificate Of Stability Rule 3-A To be sent by the manager or occupier of the factory to the chief Inspector in respect of the manufacturing process carried out.
37 Form 35 Record Of Eye Examination Rule 59-C(4) To be sent by the manager/ occupier within 15 days from the date of examination.
From India, Mumbai
The Factories act mandates the following compliances for the entities on which it is applicable:
Ø Sections 6 and 7 - Licensing of factory: An Occupier is required to get the license before commencement of production.
Ø Chapter III - Health provisions in factory: An employer is required to observe the health provisions like cleanliness, disposal of waste effluents, ventilation and temperature, dust and fume, over crowding, lighting, drinking water, latrine and urinals and spittoons.
Ø Chapter IV - Safety provisions: The employer is required to observe the safety provisions like fencing of machinery, work on or near machinery in motion, employment of young persons in dangerous machine, self acting machine, prohibition of woman and child labour near cotton openers, revolving machinery, pressure plant, protection of eyes and appointment of Safety Officer etc.
Ø Chapter V - Welfare provisions: An employer is required to follow welfare provisions such as washing facilities, facilities for storing and drying clothing, facilities for sitting, first aid appliances, canteen, shelters, lunch room, rest room, crèches and appointment of Welfare Officer.
Ø Chapter VI - Working hours of adults: An employer is required to follow the working hours and relating provisions such as weekly hours, weekly holiday, compensatory holiday, daily hours, intervals for rest, spread over, night shift, prohibition of over lapping shifts, extra wages for overtime and restriction on double employment etc.
Ø Chapter VII - Employment for young persons: An employer is required to obey the provisions relating to prohibition of young children, non adult workers to carry tokens, certificate of fitness, working hours for children, notice of period for work for children etc.
Ø The employer is also required to comply with the following provisions :
1. To allow annual leave with wages to the workers.
2. To maintain Register of annual leave with wages, Register of accidents, Register of whitewashing, Register of humidity, Register of inspections, Register of adult workers etc.
FACTORIES ACT, 1948 & BIHAR FACTORIES RULES, 1950
S.No Type & Nature Of Document Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remarks
1 Form 1 Application for permission to construct, extend or take into use any building as a factory To be submitted to the Chief Inspector Of Factories, duly signed by the Occupier Of the factory before commencing the manufacturing process
2 Form 2 Application for registration and grant or renewal of licence To be submitted by the Occupier/Manager to the Inspector Of Factories of the area concerned not later than the date on which the license expires
3 Form 3 Notice of Change of Manager Rule 12-A to be made by the occupier and submitted to the Chief Inspector Of Factories with the signature of the new manager and occupier appended
4 Form 4 Licence to work a factory Rule 5 To be granted by the Inspector Of Factories after verifying the correctness of the application. This licence shall remain valid upto 31st december of the year for which it is granted
5 Form 5 Certificate Of Fitness Rule 14-2(a) To be granted by the certifying surgeon to the young persons employed in a factory
6 Form 6 Humidity Regsiter Rule 24 Temperatures recorded in a Hygrometer to be entered in this register.
7 Form 7 Record of Lime Washings, Paintings etc. Rule 15 To be maintained with the dates on which white washing, colour washing, varnishing etc. are carried out.
8 Form 8 Report of examination of pressure vessel
9 Form 9 Register Of Compensatory Holidays Rule 77(4) To be maintained by the manager in respect of compensatory holidays
10 Form 10 Overtime Muster Roll for exempted workers Rule 78 To be maintained by the manager of every factory in which workers are exempted under Sections 64 or 65
11 Form 10-A Overtime Slip
12 Form 11 Notice Of Periods Of Work for Adult Workers Rule 79 To be exhibited by the Manager of every factory
13 Form 12 Register Of Adult Workers Rule 80 To be maintained in every factory
14 Form 12-A Identity Card Of Workers Rule 80-A To be issued to every worker with the signature of occupier/manager of the factory
15 Form 13 Notice of Periods of work for child workers Rule 85 To be exhibited by the Manager of every factory
16 Form 14 Register Of Child Workers Rule 86 To be maintained in respect of child workers employed
17 Form 15 Register Of Leave with wages Rule 87 To be maintained by the manager of every factory
18 Form 16 Health Register Section 87 To be maintained by the manager in respect of dangerous operations
19 Form 17-A Notice Of Accident or dangerous occurrence Rule 96 Within 12 hours of occurrence of an accident Factory Inspector; SDO;Officer-In-Charge of the nearest police station
20 Form 18 Notice Of Poisoning or disease Rule 97 To be sent by the manager of the factory as soons as any worker contacts any disease specified in the schedule to the Chief Inspector/ Inspector/Medical Inspector/Certifying Surgeon
21 Form 19 Abstract of the Act Rule 99 To be displayed in every factory
22 Form 20 Annual Return Rule 100(1) To be furnished by the Manager to the Chief Inspector before 15th January of the year subsequent to which it relates
23 Form 21 Half Yearly Return Rule 100(2) To be furnished by the Manager to the Chief Inspector before 15th July of each year
24 Form 22 Muster Roll Rule 103 To be maintained by the manager of every factory in respect of workers employed in the factory
25 Form 23 Register Of Accidents Rule 104 To be maintained in every factory furnishing complete details in respect of every accident which may occur
26 Form 24 Special Certificate Of Fitness To be granted by the certifying surgeon in respect of persons employed in operations involving use of lead compounds
27 Form 25 Certificate Of Fitness for dangerous operations Rule 96 To be granted by the certifying surgeon in respect of persons employed in dangerous operations
28 Form 26 Register Of Surgeon's fees for the issue of duplicate certificate Rule 14 To be maintained by the certifying surgeon or examining surgeon in respect of fees paid for issue of a duplicate certificate
29 Form 27 Certifying Surgeon's visit Note Rule 14 (9) To be handed over by the certifying surgeon or examining surgeon to the Manager detailing the result of each visit to the factory
30 Form 28 Diary Of Inspector Of Factories
31 Form 29 Closure Report Of a Factory
32 Form 30 Register of Water Sealed Gas Holder Rule 57-A To be maintained by the manager in respect of examination reports of the gas holders carried out by the person qualified to carry out the test
33 Form 31 Report of examination of water sealed gas holders Rule 57-A To be submitted by the person carrying out the examination in the form of a report to the manager or the occupier.
34 Form 32 Register of trained adult male workers employed to carry out mounting or shifting or belts, lubrications etc. Rule 59-A To be maintained in every factory carrying therein the name of every worker who may be employed in performing work specified in section 21
35 Form 33 Certificate to young persons considered fit to work at machine, plant or process of dangerous character Rule 59-B(2) To be maintained by the manager, containing therein the certifcates issued to young persons.
36 Form 34 Form Of Certificate Of Stability Rule 3-A To be sent by the manager or occupier of the factory to the chief Inspector in respect of the manufacturing process carried out.
37 Form 35 Record Of Eye Examination Rule 59-C(4) To be sent by the manager/ occupier within 15 days from the date of examination.
From India, Mumbai
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STATUTORY COMPLIANCES CHECKLIST ON VARIOUS LABOUR LAWS.xls