Organizations, like individuals,
depend for their survival, sustenance and growth on the support and goodwill of
the communities of which they are an integral part, and must pay back this
generosity in every way they can. In order to make organizations socially
responsible the Government makes some policies or the rules and regulations
==============================================================
This ethical standpoint,
derived from the vision of our founder, lies at the heart of the of the C&S – Mr. R.N. Khanna. While the
company strongly believes that our primary obligation or duty as corporate
entities is to our shareholders – we are just as mindful of the fact that this
imperative does not exist in isolation; it is part of a much larger compact
which we have with our entire body of stakeholders: From employees, customers and vendors to
business partners, eco-system, local communities, and society at large.
We evaluate and assess each
critical business decision or choice from the point of view of diverse
stakeholder interest, driven by the need to minimize risk and to pro-actively
address long-term social, economic and environmental costs and concerns.
For us, being socially
responsible is not an occasional act of charity or that one-time token
financial contribution to the local school, hospital or environmental NGO. It is an ongoing year-round commitment, which
is integrated into the very core of our business objectives and strategy.
Because we believe that there
is no contradiction between doing well and doing right. Indeed, doing right is
a necessary condition for doing well.
Great corporations, like
individuals, are known for their unwavering commitment to ethical values and
principles.
At C&S Group, we remain steadfast in our
resolve to uphold the highest standards of integrity, transparency and
governance.
For us, corporate governance
is not just about adhering to the formal letter of the law, but about embracing
the substantive spirit that lies underneath; to move beyond the statutory
obligations.
The key aspects of our
corporate governance practice are:
Ø
Monitoring of
executive and director compensation
Ø
Providing
autonomy to the Board
Ø
Implementing
rigorous disclosure and transparency norms
Monitoring of executive and director compensation:
Across each of the group
companies, a Remuneration Committee assesses the overall compensation structure
and policies of the organization and makes recommendations. These form the
basis for formulating the company’s executive remuneration framework.
The Remuneration Committee
consists of non-executive directors, a majority of whom are independent. The
Chairman of the Committee is an Independent Director. The Remuneration Committee works with full
autonomy, and is free of any managerial interference. The Committee is also empowered to call upon
professional advice, both from within and outside the company, in the discharge
of their duties.
Providing autonomy to the Board
The Board of Directors of
each of the group companies consists of eminent individuals with diverse
experience and expertise. The respective
Board acts with autonomy and independence in exercising strategic supervision,
discharging its fiduciary responsibilities, and in ensuring that the management
observes the highest standards of ethics, transparency and disclosure.
The Board of Directors
reviews all information details and transactions relating to significant
business decisions, including strategic and regulatory matters. Every member of the Board, including
non-executive directors, has access to all relevant information about their
respective companies.
The Board appoints a number
of Committees to focus on well-defined areas of responsibility, with a clear
mandate to make time-bound recommendations, and, where specified, use the
authority vested in them by the Board to take crucial decisions.
Implementing rigorous disclosure and transparency
norms:
Each of the Group companies
adheres to all disclosure and transparency norms relating to corporate
governance. We are committed to public
disclosure, in a clear and timely manner, of our financial accounts, including
both segment and consolidated accounts, and the level and means of remuneration
of our directors and top executives. We
also give out clear information on related- party transactions, if any, that
are undertaken within the group.
We strictly comply with all
governance codes, listing agreements, other applicable laws and regulations,
and, not least, our self-avowed corporate values and objectives.
C&S being a manufacturing
company the following Government Policies apply to it are:
Ø
The Environment
Protection Act
Ø
The factories
Acts
Ø
The ESI Act
Ø
Provident Fund
Act
Ø
Payment of wages
Act
Ø
Maternity Benefit
Act
These are few government policies which apply to the
company. Lets study them one by one:
1. THE ENVIRONMENT (PROTECTION)
ACT, 1986
To provide for
the protection and improvement of environment and for matters connected there
with: Whereas the decisions were taken
at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India
And whereas it is considered necessary further to implement
the decisions aforesaid in so far as they relate to the protection and
improvement of environment and the prevention of hazards to human beings, other
living creatures, plants and property;
Be it enacted by Parliament in the Thirty-seventh Year
of the Republic
of India
1 SHORT TITLE, EXTEND AND COMMENCEMENT
(1) This Act may be called the Environment
(Protection) Act, 1986.
(2) It extends to the whole of India
(3) It shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint and
different dates may be appointed for different provisions of this Act and for
different areas.1
2. DEFINITIONS
In this Act, unless the context otherwise requires,--
(a) "Environment" includes water, air and
land and the inter- relationship which exists among and between water, air and
land, and human beings, other living creatures, plants, micro-organism and
property;
(b) "Environmental pollutant" means any
solid, liquid or gaseous substance present in such concentration as may be, or
tend to be, injurious to environment;
(c) "Environmental pollution" means the
presence in the environment of any environmental pollutant;
(d) "handling", in relation to any
substance, means the manufacture, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion, offering for sale,
transfer or the like of such substance;
(e) "hazardous substance" means any
substance or preparation which, by reason of its chemical or physico-chemical
properties or handling, is liable to cause harm to human beings, other living
creatures, plant, micro-organism, property or the environment;
(f) "Occupier", in relation to any factory
or premises, means a person who has, control over the affairs of the factory or
the premises and includes in relation to any substance, the person in
possession of the substance;
(g) "prescribed" means prescribed by rules
made under this Act.
3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT
AND IMPROVE ENVIRONMENT
(1) Subject to the provisions of this Act, the Central
Government shall have the power to take all such measures as it deems necessary
or expedient for the purpose of protecting and improving the quality of the
environment and preventing controlling and abating environmental pollution.
(2) In particular, and without prejudice to the
generality of the provisions of sub-section (1), such measures may include
measures with respect to all or any of the following matters, namely:--
(i) Co-ordination of actions by the State Governments,
officers and other authorities--
(a) Under this Act, or the
rules made there under, or
(b) Under any other law for
the time being in force which is relatable to the objects of this Act;
(ii) Planning and execution of a nation-wide programme
for the prevention, control and abatement of environmental pollution;
(iii) Laying down standards for the quality of
environment in its various aspects;
(iv) Laying down standards for emission or discharge
of environmental pollutants from various sources whatsoever:
Provided that different standards for emission or
discharge may be laid down under this clause from different sources having
regard to the quality or composition of the emission or discharge of
environmental pollutants from such sources;
(v) restriction of areas in which any industries,
operations or processes or class of industries, operations or processes shall
not be carried out or shall be carried out subject to certain safeguards;
(vi) Laying down procedures and safeguards for the
prevention of accidents which may cause environmental pollution and remedial
measures for such accidents;
(vii) Laying down procedures and safeguards for the
handling of hazardous substances;
(viii) Examination of such manufacturing processes,
materials and substances as are likely to cause environmental pollution;
(ix) Carrying out and sponsoring investigations and
research relating to problems of environmental pollution;
(x) inspection of any premises, plant, equipment,
machinery, manufacturing or other processes, materials or substances and
giving, by order, of such directions to such authorities, officers or persons
as it may consider necessary to take steps for the prevention, control and
abatement of environmental pollution;
(xi) Establishment or recognition of environmental
laboratories and institutes to carry out the functions entrusted to such
environmental laboratories and institutes under this Act;
(xii) Collection and dissemination of information in
respect of matters relating to environmental pollution;
(xiii) Preparation of manuals, codes or guides
relating to the prevention, control and abatement of environmental pollution;
(xiv) Such other matters as the Central Government
deems necessary or expedient for the purpose of securing the effective
implementation of the provisions of this Act.
(3) The Central Government may, if it considers it
necessary or expedient so to do for the purpose of this Act, by order,
published in the Official Gazette, constitute an authority or authorities by
such name or names as may be specified in the order for the purpose of
exercising and performing such of the powers and functions (including the power
to issue directions under section 5) of the Central Government under this Act
and for taking measures with respect to such of the matters referred to in
sub-section (2) as may be mentioned in the order and subject to the supervision
and control of the Central Government and the provisions of such order, such
authority or authorities may exercise and powers or perform the functions or
take the measures so mentioned in the order as if such authority or authorities
had been empowered by this Act to exercise those powers or perform those
functions or take such measures.
4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS
(1) Without prejudice to the provisions of sub-section
(3) of section 3, the Central Government may appoint officers with such
designation as it thinks fit for the purposes of this Act and may entrust to
them such of the powers and functions under this Act as it may deem fit.
(2) The officers appointed under sub-section (1) shall
be subject to the general control and direction of the Central Government or,
if so directed by that Government, also of the authority or authorities, if
any, constituted under sub- section (3) of section 3 or of any other authority
or officer.
5. POWER TO GIVE DIRECTIONS
Notwithstanding anything contained in any other law
but subject to the provisions of this Act, the Central Government may, in the
exercise of its powers and performance of its functions under this Act, issue
directions in writing to any person, officer or any authority and such person,
officer or authority shall be bound to comply with such directions.
Explanation--For
the avoidance of doubts, it is hereby declared that the power to issue
directions under this section includes the power to direct--
(a) the closure, prohibition or regulation of any
industry, operation or process; or
(b) stoppage or regulation of the supply of electricity
or water or any other service.
6. RULES TO REGULATE ENVIRONMENTAL POLLUTION
(1) The Central Government may, by notification in the
Official Gazette, make rules in respect of all or any of the matters referred
to in section 3.
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the standards of quality
of air, water or soil for various areas and purposes
(b) the maximum allowable
limits of concentration of various environmental pollutants (including noise)
for different areas;
(c) the procedures and
safeguards for the handling of hazardous substances;
(d) the prohibition and
restrictions on the handling of hazardous substances in different area
(e) the prohibition and
restriction on the location of industries and the carrying on process and
operations in different areas;
(f) the procedures and
safeguards for the prevention of accidents which may cause environmental
pollution and for providing for remedial measures for such accidents.
7.
PERSONS CARRYING ON INDUSTRY OPERATION, ETC., NOT TO ALLOW EMISSION OR
DISCHARGE OF ENVIRONMENTAL POLLUTANTS IN EXCESS OF THE STANDARDS
No person carrying on any industry, operation or
process shall discharge or emit or permit to be discharged or emitted any
environmental pollutants in excess of such standards as may be prescribed.
8.
PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH PROCEDURAL SAFEGUARDS
No person shall handle or cause to be handled any
hazardous substance except in accordance with such procedure and after
complying with such safeguards as may be prescribed.
9. FURNISHING OF INFORMATION TO AUTHORITIES AND AGENCIES
IN CERTAIN CASES
(1) Where the discharge of any environmental pollutant
in excess of the prescribed standards occurs or is apprehended to occur due to
any accident or other unforeseen act or event, the person responsible for such
discharge and the person in charge of the place at which such discharge occurs
or is apprehended to occur shall be bound to prevent or mitigate the
environmental pollution caused as a result of such discharge and shall also
forthwith--
(a) intimate the fact of such
occurrence or apprehension of such occurrence; and
(b) be bound, if called upon,
to render all assistance,
to such authorities or agencies as may be prescribed
(2) On receipt of information with respect to the fact
or apprehension on any occurrence of the nature referred to in sub-section (1),
whether through intimation under that sub-section or otherwise, the authorities
or agencies referred to in sub-section (1) shall, as early as practicable,
cause such remedial measures to be taken as necessary to prevent or mitigate
the environmental pollution.
(3) The expenses, if any, incurred by any authority or
agency with respect to the remedial measures referred to in sub-section (2),
together with interest (at such reasonable rate as the Government may, by
order, fix) from the date when a demand for the expenses is made until it is
paid, may be recovered by such authority or agency from the person concerned as
arrears of land revenue or of public demand.
10. POWERS OF ENTRY AND INSPECTION
(1) Subject to the provisions of this section, any
person empowered by the Central Government in this behalf12 shall
have a right to enter, at all reasonable times with such assistance as he
considers necessary, any place--
(a) for the purpose of
performing any of the functions of the Central Government entrusted to him;
(b) for the purpose of
determining whether and if so in what manner, any such functions are to be
performed or whether any provisions of this Act or the rules made hereunder or
any notice, order, direction or authorization served, made, given or granted
under this Act is being or has been complied with;
(c) for the purpose of
examining and testing any equipment, industrial plant, record, register,
document or any other material object or for conducting a search of any
building in which he has reason to believe that an offence under this Act or
the rules made there under has been or is being or is about to be committed and
for seizing any such equipment, industrial plant, record, register, document or
other material object if he has reason to believe that it may furnish evidence
of the commission of an offence punishable under this Act or the rules made
there under or that such seizure is necessary to prevent or mitigate
environmental pollution.
(2) Every person carrying on any industry, operation
or process of handling any hazardous substance shall be bound to render all
assistance to the person empowered by the Central Government under sub-section
(1) for carrying out the functions under that sub-section and if he fails to do
so without any reasonable cause or excuse, he shall be guilty of an offence
under this Act.
(3) If any person willfully delays or obstructs any
persons empowered by the Central Government under sub-section (1) in the
performance of his functions, he shall be guilty of an offence under this Act.
(4) The provisions of the Code of Criminal Procedure,
1973, or, in relation to the State of Jammu and Kashmir, or an area in which
that Code is not in force, the provisions of any corresponding law in force in
that State or area shall, so far as may be, apply to any search or seizures
under this section as they apply to any search or seizure made under the
authority of a warrant issued under section 94 of the said Code or as the case
may be, under the corresponding provision of the said law.
11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED
IN CONNECTION THEREWITH
(1) The Central Government or any officer empowered by
it in this behalf,13 shall have power to take, for the purpose of
analysis, samples of air, water, soil or other substance from any factory,
premises or other place in such manner as may be prescribed.14
(2) The result of any analysis of a sample taken under
sub-section (1) shall not be admissible in evidence in any legal proceeding
unless the provisions of sub-sections (3) and (4) are complied with.
(3) Subject to the provisions of sub-section (4), the
person taking the sample under sub-section (1) shall--
(a) serve on the occupier or
his agent or person in charge of the place, a notice, then and there, in such
form as may be prescribed, of his intention to have it so analyzed;
(b) in the presence of the
occupier of his agent or person, collect a sample for analysis;
(c) cause the sample to be
placed in a container or containers which shall be marked and sealed and shall
also be signed both by the person taking the sample and the occupier or his
agent or person;
(d) send without delay, the
container or the containers to the laboratory established or recognized by the
Central Government under section 12.
(4) When a sample is taken for analysis under
sub-section (1) and the person taking the sample serves on the occupier or his
agent or person, a notice under clause (a) of sub-section (3), then,--
(a) in a case where the
occupier, his agent or person wilfully absents himself, the person taking the
sample shall collect the sample for analysis to be placed in a container or
containers which shall be marked and sealed and shall also be signed by the
person taking the sample, and
(b) in a case where the
occupier or his agent or person present at the time of taking the sample
refuses to sign the marked and sealed container or containers of the sample as
required under clause (c) of sub-section (3), the marked and sealed container
or containers shall be signed by the person taking the samples, and the
container or containers shall be sent without delay by the person taking the
sample for analysis to the laboratory established or recognised under section
12 and such person shall inform the Government Analyst appointed or recognised
under section 12 in writing, about the wilfull absence of the occupier or his
agent or person, or, as the case may be, his refusal to sign the container or
containers.
12. ENVIRONMENTAL LABORATORIES
(1) The Central Government15
may, by notification in the Official Gazette,--
(a) Establish one or more
environmental laboratories;
(b) Recognize one or more
laboratories or institutes as environmental laboratories to carry out the
functions entrusted to an environmental laboratory under this Act.16
(2) The Central Government may, by notification in the
Official Gazette, make rules specifying--
(a) the functions of the
environmental laboratory
(b) the procedure for the
submission to the said laboratory of samples of air, water, soil or other
substance for analysis or tests, the form of the laboratory report thereon and
the fees payable for such report;
(c) such other matters as may
be necessary or expedient to enable that laboratory to carry out its functions.
13. GOVERNMENT ANALYSTS
The Central Government may by notification in the
Official Gazette, appoint or recognize such persons as it thinks fit and having
the prescribed qualifications19 to be Government Analysts for the
purpose of analysis of samples of air, water, soil or other substance sent for
analysis to any environmental laboratory established or recognized under
sub-section (1) of section 12.
14. REPORTS OF GOVERNMENT ANALYSTS
Any document purporting to be a report signed by a
Government analyst may be used as evidence of the facts stated therein in any
proceeding under this Act.
15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE
ACT AND THE RULES, ORDERS ND DIRECTIONS
(1) Whoever fails to comply with or contravenes any of
the provisions of this Act, or the rules made or orders or directions issued
there under, shall, in respect of each such failure or contravention, be
punishable with imprisonment for a term which may extend to five years with
fine which may extend to one lakh rupees, or with both, and in case the failure
or contravention continues, with additional fine which may extend to five
thousand rupees for every day during which such failure or contravention
continues after the conviction for the first such failure or contravention.
(2) If the failure or contravention referred to in
sub-section (1) continues beyond a period of one year after the date of
conviction, the offender shall be punishable with imprisonment for a term which
may extend to seven years.
2. FACTORIES ACT
The act can be summarized as
follows:
Ø
Every factory
shall be kept clean and free from
effluvia arising from any drain, privy or other, nuisance, and in
particular - (a) accumulations of dirt and refuse shall be removed daily by
sweeping or by any other effective method from the floors and benches of
workrooms and from staircases and passages, and disposed of in a suitable
manner;
Ø
the floor of
every workroom shall be cleaned at least once in every week by washing, using
disinfectant, where necessary, or by some other effective method;
Ø
where a floor is
liable to become wet in the course of any manufacturing process to such extent
as is capable of being drained, effective means of drainage shall be provided
and maintained;
Ø
all inside walls and partitions, all ceilings
or tops of rooms and all walls, sides and tops of passages and staircases shall
- (i) where they are painted otherwise than with washable water-paint or
varnished, be repainted or revarnished least once in every period of five
years;
Ø
where they are painted with washable water
paint, be repainted with at least one coat of such paint at least once in every
period of three years and washed at least once in every period of six months;
Ø
where they are painted or varnished or where
they have smooth impervious surfaces, be cleaned at least once in every period
of fourteen months by such method as may be prescribed;
Ø
in any other case, be kept whitewashed or
color washed, and the whitewashing or color washing shall be carried out at
least once in every period of fourteen months;
Ø
all doors and window frames and other wooden
or metallic frame work and shutters shall be kept painted or varnished and the
painting or varnishing shall be carried out at least once in every period of
five years;
Ø
the dates on which the processes required by
clause (d) are carried out shall be entered in the prescribed register.
Ø
If, in view of the nature of the operations
carried on in a factory or class or description
of factories or any part of a factory or class or description of
factories, it is not possible for the occupier to comply with all or any of the
provisions of sub-section (1), the State Government may by order exempt such
factory or class or description of factories or part from any of the provisions
of that sub-section and specify alternative methods for keeping the factory in
a clean state.
3. EMPLOYEES STATE
An Act to provide for certain benefits to employees in case of sickness,
maternity and employment injury and to make provision for certain other matters
in relation thereto
Whereas expedient to provide
for certain benefits to employees in case of sickness, maternity and employment
injury and to make provision for certain other matters in relation thereto;
It is hereby enacted as follows: -
1.
Short title, extent, commencement and application
(1) This Act
may be called the Employees' State Insurance Act, 1948.
(2) It
extends to the whole of India
(3) It shall
come into force on such date or dates as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be
appointed for different provisions of this Act and [ for different States or
for different parts thereof].
(4) It shall
apply, in the first instance, to all factories (including factories belonging
to the government) other than seasonal factories:
(5) The
appropriate government may, in consultation with the Corporation and [where the
appropriate government is a State Government, with the approval of the Central
Government], after giving six months’ notice of its intention of so doing by
notification in the Official Gazette, extend the provisions of this Act or any
of them, to any other establishment or class of establishments, industrial,
commercial, agricultural or otherwise
[PROVIDED that where the
provisions of this Act have been brought into force in any part of a State, the
said provisions shall stand extended to any such establishment or class of
establishments within that part if the provisions have already been extended to
similar establishment or class of establishments in another part of that State.
(6) A
factory or an establishment to which this Act applies shall continue to be
governed by this Act notwithstanding that the number of persons employed
therein at any time falls below the limit specified by or under this Act or the
manufacturing process therein ceases to be carried on with the aid of power.]
With effect from such date
as the Central Government may, by notification in the Official Gazette,
appoint in this behalf, there shall be established for the administration of
the scheme of employees' state insurance in accordance with the provisions of
this Act
The Corporation may, in
addition to the scheme of benefits specified in this Act, promote measures for
the improvement of the health and welfare of insured persons and for the
rehabilitation and re-employment of insured persons who have been disabled or
injured and may incur in respect of such measures expenditure from the funds of
the Corporation within such limits as may be prescribed by the Central
Government. Purposes for which the fund
may be expended
Contributions
(1) The
contribution payable under this Act in respect of an employee shall comprise
contribution payable by the employer (hereinafter referred to as the employer's
contribution) and contribution payable by the employee (hereinafter referred to
as the employee's contribution) and shall be paid to the Corporation.
(2) The
contributions shall be paid at such rates as may be prescribed by the Central
Government:
s(3) The wage period in relation to an employee shall be the unit in
respect of which all contributions shall be payable under this Act.]
(4) The
contributions payable in respect of each 69[wage period] shall
ordinarily fall due on the last day of the 69[wage period], and
where an employee is employed for part of the [wage period], or is employed
under two or more employers during the same 69[wage period], the
contributions shall fall due on such days as may be specified in the
regulations.
(5) If any
contribution payable under this Act is not paid by the principal employer on
the date on which such contribution has become due, he shall be liable to pay
simple interest at the rate of twelve per cent per annum or at such higher rate
as may be specified in the regulations till the date of its actual payment:
4. EMPLOYEES PROVIDENT
FUND ACT
The Employees' Provident Fund
& MP Act,1952 is an important piece of Labor Welfare legislation
enacted by the Parliament to provide social security benefits to the workers .
At present , the Act and the Schemes framed there under provides for three
types of benefits -Contributory Provident Fund , Pensioner benefits to
the employees/ family members and the insurance cover to the members of the
Provident Fund.
The object of the Act in 1952
was the institution of the compulsory contributory Provident Fund to the
employees to which both the employee and the employer would contribute. The
Employees' Provident Fund Scheme was accordingly framed under the Act and it
came into effect from 1-11-1952. Initially the title of the Act was ,
"The Provident Fund Act 1952".
On a review of the working of
the scheme over the years , it was found that in the event of the
premature death of the employees the accumulation in the Provident Fund were
too meager to the family of the deceased .Thus another social security benefit
of providing Family Pension through the Employees' Family Pension Fund Scheme , 1971 was introduced by amending the
Act . At this stage , the Act was renamed as "The Employees' Provident
Fund & Family Pension Act , 1952" and the Employees' Family Pension
Scheme came into force on 1-3-1971 .
The Act was further amended
in the year 1976 to introduce another social security benefit to provide an
insurance cover to the members of the Provident Fund in covered establishment.
The Employees' Deposit Linked Insurance Scheme , 1976 came into force from
1-8-1976 . The name of the Act was then changed to the present one i.e. 'The
Employees' Provident Fund & MP Act,1952' . From 16-11-1995, the Employees'
Pension Scheme has come into force which provides pension to retiring employees
on reaching 50/58 years of age , widow pension , children pension and nominee
pension on death of the member to his eligible family members . This replaces
the Employees' Family Pension Scheme 1971.
The provisions of the
Employees' Provident Fund & MP Act , 1952 extends to whole of India
The State Government of Jammu
& Kashmir have instituted a separate Provident Fund Scheme w.e.f. 1-6-1961.
The Act initially applied to
factories/establishments falling within six specified industries which had
completed three years of existence and employed 50 or more persons. With effect
from 31-12-1960, the establishments employing 20 or more persons were also
brought under the purview of the Act .
Under the infancy protection
, the Act was not applicable for the establishment employing 50 or more persons
, up to a period of three years from the date of set up . Infancy of five years
was allowed in the case of establishment employing twenty or more persons
but less than 50 persons .
With effect from 1-8-1988,
the Act is applicable to the establishment employing twenty or more persons on
expiry of a period of three years from the date of set up From 22-9-1997 this
infancy of three years has been dispensed with and all the establishments
employing 20 or more persons are brought under the purview of the Act from the
very date of set up subject to fulfillment of other conditions. The provisions
of the Act apply on its own force independently.
The Central Government has
residual powers to apply this act to any establishment employing less than
twenty employees . By virtue of these provisions , the Employees' Provident
Fund Scheme has been extended to Cinema theaters employing five or more persons
, w.e.f. 1-10-1984 .
Also there is a provision for
voluntary application of the Act to any establishment upon joint request from
the employer and majority of its employees , to whom it does not apply
otherwise . An establishment to which this Act applies shall continue to be
governed by this Act notwithstanding that the number of persons employed therein
at any time falls below twenty
The Act does not apply to
certain establishments as specified under Section 16 of the Act .The Employees'
Provident Fund organization came into being following enactment of the
Employees' Provident Fund Act in the year 1952 . The funds established under
the Act vests in and administered by Central Board of Trustees constituted by
Central Government which functions subject to overall regulatory control of the
Central Government.
MEMBERSHIP
At the inception of the scheme
an employee who was in receipt of pay up to Rs.300/- p.m. , and who worked for
one year was eligible for membership of the fund. As a result of amendments
made from time to time , the conditions of eligibility for membership of the
fund have been liberalized in favor of employee. Presently an employee at the
time of joining the employment and getting wages up to Rs.6500/- is
required to become a member. Now an employee is eligible for membership of fund
from the very first date of joining a covered establishment.
The Act provides for:
Ø
grant of
exemption from the operation of the scheme/s framed under the Act to an
establishment , to a class of employees and to an individual employee , on
certain conditions.
Ø
Penalties to
employers/trustees of exempted Provident Fund who contravenes the provision of
the Act and the Scheme.
Ø
Appointment of
inspector to secure compliance under the Act and the Schemes framed there
under. Mode of recovery of moneys due from employers.
5. PAYMENT OF WAGES ACT
An Act to regulate the
payment of wages of certain classes of [employed persons]
Whereas it is expedient to
regulate the payment of wages to certain classes of [employed persons];
It is hereby enacted as follows: -
Short title, extent, commencement
and application
(1) This Act
may be called the Payment of Wages Act, 1936.
(2) It
extends to the whole of India
(3) It shall
come into force on such [date] as the Central Government may, by notification
in the Official Gazette, appoint.
(4) It applies
in the first instance to the payment of wages to persons employed in any
[factory, to persons] employed (otherwise than in a factory) upon any railway
by a railway administration or, either directly or through a sub-contractor, by
a person fulfilling a contract with a railway administration, [and to persons
employed in an industrial or other establishment specified in sub-clauses (a)
to (g) of clause (ii) of section 2.]
(5) The
State Government may, after giving three months’ notice of its intention of so
doing, by notification in the Official Gazette, extend the provisions of 7[this
Act] or any of them to the payment of wages to any class of persons employed in
8[any establishment or class of establishments specified by the
Central Government or a State Government under sub-clause (h) of clause (ii) of
section 2]:
(6) Nothing
in this Act shall apply to wages payable in respect of a wage-period which,
over such wage-period, average one thousand six hundred rupees a month or more.
FIXATION OF WAGES PERIOD
(1) Every
person responsible for the payment of wages under section 3 shall fix periods
(in this Act referred to as wage-periods) in respect of which such wages shall
be payable.
(2) No
wage-period shall exceed one month.
(1) The
wages of every person employed upon or in-
(a) Any railway, factory or
[industrial or other establishment] upon or in which less than one thousand
persons are employed, shall be paid before the expiry of the seventh day,
(b) Any other railway,
factory or[industrial or other establishment], shall be paid before the expiry
of the tenth day, after the last day of the wage-period in respect of which the
wages are payable:
(2)
Where the employment of any person is terminated by or on behalf of the
employer, the wages, earned by him shall be paid before the expiry of the
second working day from the day on which his employment is terminated
(3) The State Government may, by general or special
order, exempt, to such extent and subject to such conditions as may be
specified in the order, the person responsible for the payment of wages to
persons employed upon any railway
(4) [Save as
otherwise provided in sub-section (2), all payments] of wages shall be made on
a working day.
Wages to be
paid in current coin or currency notes
All wages shall be paid in
current coin or currency notes or in both
Notwithstanding the
provisions of sub-section (2) of section 47 of the Indian Railways Act, 1890 (9
of 1890), the wages of an employed person shall be paid to him without
deductions of any kind except those authorized by or under this Act.
6. MATERNITY BENEFIT
ACT, 1961
I OBJECTIVE: To regulate the employment of women in
certain establishments for certain
periods before and after childbirth and to provide for
maternity benefits and certain other benefits.
II. APPLICABILITY: It extends to the whole of India
i) every factory, mine,
plantations, establishments for the exhibition of equestrian,
acrobatic and other
performances.
ii) to every shop or
establishments defined under any law applicable to such establishments
in a state in which persons
are employed on any day of the preceding twelve months.
III PROHIBITED
PERIOD OF EMPLOYEMENT OR WORK:
The employment of
women, or work by women in
any establishment during the six weeks immediately
following the day of her
delivery or her miscarriage (sectiion-4).
IV PAYMENT OF
MATERNITY BENEFIT: Every women
shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit at the rate of average
daily wage for the period of
her actual absence, and any period of her actual absence,
and any period immediately
following the date of delivery and including the actual day
for her delivery (Section
–5). In addition to the maternity benefit, every women shall
also be entitled to receive a
medical bonus of Rs.250/- if no prenatal confinement and
post natal care is provided
free of charge (section-8)
V ELIGIBILITY FOR MATERNITY BENEFIT: A women shall be entitled to maternity benefit only if
she has actually worked in an
establishment of the employer
for a period of not less then eighty days in the twelve
months immediately proceeding
the date of her expected delivery (section-5[2])
176
VI MAXIMUM PERIOD OF MATERNITY BENEFIT:
Maximum twelve weeks of which
not more then six weeks shall proceed the date of her expected delivery
(section-
5[5]
VII OTHER
BENEFITS: Act also provides provisions for
leave for miscarriage, leave for illness arising out of pregnancy or delivery,
premature birth of child or miscarriage and nursing breaks for nursing the
child until the child attained the age of 15 months(section-910 & 11)
VIII DISMISSAL, DEDUCTION WAGES, ETC: No employer shall discharge or dismiss a women for her
absence form work in accordance with the provisions of this Act and no
deduction shall be made from the normal; and usual daily wages of a women
entitled to maternity benefits. (section –12&13)
IX TO WHOM
CLAIM CAN BE PREFFRRED: Any claim
due under this act may file to the inspector appointed under section 14 of the
Act (section-17)
X APPELLATE
AUTHORITY: Any appeal against
the decision of the Inspector may
within thirty days prefer to
the Deputy Labour Commissioner, who is the appellate
authority prescribed.
(section-17[3])
XI REGISTERS: Every employer shall prepare and maintain a muster
roll in Form-A.
XII ANNUAL
RETURN : The employer shall on or before
31st day of January in each year submit a return in From-L to the complete
authority as to the particulars specified, in
respect of the preceding year
(Rule-16)
XIII PENALTY: Punishment for the offences under the Act is with
imprisonment which
shall not be less than three
months but which may extend to one year and with fine
which shall not be less than
Rupees two thousand but it may extend to Rupees five
thousand. (section-21)
XIV WHO CAN
FILE PROSECUTION:
1. Any aggrieved women.
2.An office bears of a trade
union registered under the Trade unions Act.1926.
3. A voluntary organization
registered under the Societies Act.
4. An inspector
No court inferior to that of
a Metropolitan Magistrate or a Magistrate of the First Class
shall try any offences under
this Act, (section-23)
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