THE MINES ACT, 1952

THE MINES ACT, 1952

An Act to amend and consolidate the law relating to the Regulation of labour and safety in mines. Be it enacted by Parliament as follows :-

Contents

CHAPTER I - PRELIMINARY

1.Short title extent and commencement

2.Definitions

3.References to enactments not in force n Part B States

4.References to time of day

CHAPTER II INSPECTORS AND CERTIFYING SURGEONS

5.Chief Inspector and Inspectors

6.Functions of Inspectors

7.Powers of Inspectors of Mines

8.Powers of special officer to enter, measure, etc

9.Facilities to be afforded to Inspectors

10.Secrecy of information obtained

11.Certifying surgeons

CHAPTER III MINING BOARDS AND COMMITTEES

12.Mining boards

13.Committees

14.Powers of Mining boards

15.Recovery of expenses

CHAPTER IV MINING OPERATIONS AND MANAGEMENT OF MINES

16.Notice to be given of mining operations

17.Managers

18.Duties and responsibilities of owners, agents and managers

CHAPTER V PROVISIONS AS TO HEALTH AND SAFETY

19.Drinking water

20.Conservancy

21.Medical appliances

22.Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons id dangerous

23.Notice to be given of accidents

24.Power of Government to appoint Court of inquiry in cases of accidents

25.Notice of certain diseases

26.Power to direct investigation of causes of disease

27.Publication of reports

CHAPTER VI HOURS AND LIMITATION OF EMPLOYMENT

28.Weekly day of rest

29.Compensatory days of rest

30.Hours of work above ground

31.Hours of work below ground

32.Special provision for night relays

33.Extra wages for overtime

34.Prohibition of employment of certain persons

35.Limitation of periods of overtime work

36.Notices regarding hours of work

37.Supervising staff

38.Exemption from provisions regarding employment

39.Power to make exempting rules

40.Employment of adolescents

41.Certificate of fitness

42.Effect of certificate of fitness granted to adolescents

43.Power to require medical examination

44.Working hours for adolescents not certified to be fit for work as adults

45.Employment of children

46.Employment of women

47.Disputes as to age

48.Registers of persons employed

CHAPTER VII LEAVE WITH WAGES

49.Leave defined

50.Application of Chapter

51.Annual leave with wages

52.Wages during leave period

53.Payment in advance in certain cases

54.Power of Inspector to act for an employee

55.Power to make rules

56.Power to exempt mines

CHAPTER VIII REGULATIONS, RULES AND BYE-LAWS

57.Power of Central Government to make regulations

58.Power of Central Government to make rules

59.Prior publication of regulations and rules

60.Power to make regulations without previous publication

61.Bye- laws

62.Posting up of abstracts from Act, regulations, etc

CHAPTER IX PENALTIES AND PROCEDURE

63.Obstruction

64.Falsification of records, etc

65.Use of false certificates of fitness

66.Omission to furnish plans, etc

67.Contravention of provisions regarding employment of labour

68.Penalty for double employment of young persons

69.Failure to appoint manager

70.Notice of accidents

71.Owner, etc., to report to Chief Inspector in certain cases

72.Obligation of persons employed in a mine

73.Disobedience of orders

74.Contravention of law with dangerous results

75.Prosecution of owner, agent or manager

76.Determination of owner in certain cases

77.Exemption of owner, agent or manager from liability in certain cases

78.Power of court to make orders

79.Limitation of prosecutions

80.Cognizance of offences

81.Reference to Mining Board or Committee in lieu of prosecution in certain cases

CHAPTER X MISCELLANEOUS

82.Decision of question whether a mine is under this Act

83.Power to exempt from operation of Act

84.Power to alter or rescind orders

85.Applications of Act to mines belonging to Government

86.Application of certain provisions of Act LXIII of 1948 to mines

87.Protection of action taken in good faith

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement –

(1) This Act may be called the Mines Act, 1952.

(2)It extends to whole of India

(3)It shall come into force on sub 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 but not later than 31st December, 1953.

2. Definitions : - (1) In this Act, unless the context otherwise requires :

(a) omitted

(b) “adult” means a person who has completed his eighteenth year.

(c) “agent”, when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine or of any part thereof:

(d) “Chief Inspector” means the Chief Inspector of Mines appointed under this Act;

(e) “Committee” means a committee constituted under section 12:

(f) “day” means a period of twenty-four hours beginning at mid-night;

(g) “district magistrate” means, in a presidency-town, the person appointed by the Central Government to perform the duties of a district magistrate under this Act in that town;

(h) a person is said to be “employed” in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with knowledge of the manager, whether for wages or not.

(i) in any mining operation (including the concomitant operations of handing and transport of minerals up to the point of despatch and of gathering sand and transport thereof to the mine)

(ii) in operations or services relating to the development of the mine including construction of plant therein but excluding construction of buildings, roads, wells and any building work not directly connected with any existing or future mining operations:

(iii) in operating, servicing, maintaining or repairing any part or any machinery used in or about the mine;

(iv) in operations, within the premises of the mine of loading for despatch of minerals;

(v) in any office of the mine:

(vi) in any welfare, health, sanitary or conservancy services required to be provided under this Act, or watch and ward, within the premises of the mine excluding residential area; or

(vii) in any kind of work whatsoever which is preparatory or incidental to, or connected with mining operations;

(i) “Inspector” means an Inspector of Mines appointed under this Act, and includes a district magistrate when exercising any power or performing any duty of an Inspector which is empowered by this Act to exercise or perform;

(i) “mine” means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes -

(i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields:

(ii) all shafts, in or adjacent to and belonging to a mine, where in the course of being sunk or not:

(iii) all levels and inclined planes in the course of being driven;

(iv) all opencast workings;
(v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom;

(vi)all adits, livels, planes, machinery works, railways, tramways and sidings in or adjacent to and belonging to a mine;

(vii) all protective works being carried out in or adjacent to a mine;

(viii) all workshop and store situated within the precincts of a mine and the same management and used primarily for the purposes connected with that mine or a number of mines under the same management;

(ix) all power stations, transformer sub-stations converter stations : rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management;

(x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such and refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine:
(xi) any premises in or adjacent to and belonging to a mine or which any process ancillary to the getting, dressing or operation for sale of minerals or of coke is being carried on;

(jj) “minerals” means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying, or by any other operation and includes mineral oils (which in turn include natural gas and petroleum):

(jjj)

(k) “office of the mine” means any office at the surface of the mine concerned;

(kk) “Open cast working” means a quarry, that is to say an excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground.

(i) “owner” when used, in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof and in the case of a mine the business whereof is being carried on by liquidator or receiver, such liquidator or receiver but does not include a person who merely receives a royalty rent or fine from the mine, subject to any lease grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but (any contractor or sub-lessee for the working of a mine or any part thereof shall be subject to this Act in like manner as if he were an owner, but not so as to exempt the owner from any liability;

(m) “Prescribed” means prescribed by rules, regulation or byelaws, as the case may ;

(n) “qualified medical practitioner” means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1959 and who is enrolled on a state medical register as defined in clause (k) of that section:)
(o) “regulations” “rules” and “bye-laws” means respectively regulations, rules and bye-laws made under this Act;

(p) where work of the same kind is carried out by two or more sets of persons working during different periods of the day each of such sets is called a “relay” (and each of such periods is called a “shift”,)

(pp)”reportable injury” means any injury other than a serious bodily injury which involves, or in all probability will involve, the enforced absence of the injured persons from work for a period of seventy-two hours or more.

(q) “serious bodily injury” means any injury which involves; or in probability will involve the permanent loss of any part or section of a body or the use of any part or section of a body, or the permanent loss of or injury to the sight or hearing or any permanent physical incapacity or the fracture of any bone or one or more joints or bones of any phalanges of hand or foot.

(r) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector or an Inspector.

(2) A person working or employed or employed in or in connection with a mine is said to be working or employed –

(a) “below ground” if he is working or employed –

(i) in a shaft which has been or is in the course of being sunk; or

(ii) in any excavation which extends below superjacent ground; and 

(b) “above ground” if he is working in open cast working or any other manner not specified in clause (a)

3. (1) Act not apply in certain cases – The provisions of this Act, except those contained in sections 7,8,9, 40,45 and 46 shall not apply to –

(b) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale :

Provided that –

(i)not more than twenty persons are employed on any one day in connection with any such excavation.

(ii)the depth of the excavation measured from its highest to its lowest point nowhere exceeds six, metres or, in the case of an excavation for coal fifteen metres: and

(iii) no part of such excavation extends below superjacent ground; or

(b) any mine engaged in the extraction of kankar, murrum laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earthy fullers earth, marl chalk and lime stone.

To be continue,,,,

Provided that –

(i) the working do not extend below superjacent ground: or (ii)where it is an open cast working –

(a)the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres;

(b)the number of persons employed on any one day does not exceed fifty; and

(c)explosives are not used in connection with the excavation.

(2) Notwithstanding anything contained in sub-section (1) the Central Government may, if it is satisfied that, having regard to the circumstances obtaining in relation to mine or part thereof or ground or class of mines, it is necessary or desirable so to do by notification in the official Gazette, declare that any of the provisions of this Act, not set out in sub-section (10, shall apply to any such mine or part thereof or group of class of mines or any class of persons employed therein.

(3) Without prejudice to the provisions contained in sub-section (2), if at any time any of the conditions specified in the provision to clause (a) or clause (b) of sub-section (1) is not fulfilled in relation to any mine referred to in that sub-section the provisions of this Act not get out in sub-section (1), shall become immediately applicable, and it shall be the duty of the owner, agent or manager of the mine to inform the prescribed authority in the prescribed manner and within the prescribed time about the non-fulfilment.

(4) Reference to time of day – In this Act, reference to time of day are reference to Indian standard time, being five and a half hours ahead of Green which mean time:

Provided that, for any area in Indian standard time is not ordinarily observed, the Central Government may make rules –

(a) specifying the area;

(b) defining the local mean time ordinarily observed therein; and

(c) permitting such time to be observed in all or any of the mines situated in the area.

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

ACT NO. 31 OF 1959 1 [ 2nd September, 1959.]

An Act to provide for the compulsory notification of vacancies to employment exchanges.

BE it enacted by Parliament in the Tenth Year of the Republic of India as follows:--
1. Short title, extent and commencement.- 
(1) This Act may be called the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 . 
(2) It extends to the whole of India 2[ . 
(3) It shall come into force in a State on such date 3[ as the Central Government may, by notification in the Official Gazette, appoint in this behalf for such State and different dates may be appointed for different States or for different areas of a State. 

2. Definitions.- In this Act, unless the context otherwise requires,-- 
(a) " appropriate Government" means--  (1) in relation to--
(a) any establishment of any railway, major port, mine or oilfield, or 
(b) any establishment owned, controlled or managed by--
(i) the Central Government or a department of the Central Government,
(ii) a company in which not less than fifty- one per cent. of the share capital is held by the Central Government or partly by the Central Government and partly by one or more State Governments,  (iii) a corporation (including a co- operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government,1. This Act has been extended to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. 1 and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. This Act shall come into force in the Union Territories of the Andaman and Nicobar Islands and Lakshadweep on 1- 7- 1978, vide Notifn. No. G. S. R. 803, dated 27. 5. 1978, Gaz. of India, Pt. II, Sec. 3 (i), p. 1441.  2. The words" except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and Sch. (w. e. f. 1- 9- 1971 ). 3. 1st May, 1960, for all the States and Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, vide Notifn. No. G. S. R. 382, dated 1- 4- 1960. Gazette of India, Extraordinary, Pt. II, Sec. 3 (i), p. 145  (2) in relation to any other establishment, the Government of the State in which that other establishment is situate; 
(b) " employee" means any person who is employed in an establishment to do any work for remuneration;
(c) " employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment; 
(d) " employment exchange" means any office or place established and maintained by the Government for the collection and furnishing of information, either by the keeping of registers or otherwise, respecting--  (i) persons who seek to engage employees,  (ii) persons who seek employment, and  (iii) vacancies to which persons seeking employment may be appointed;  (e) " establishment" means-- 
(a) any office, or
(b) any place where any industry, trade, business or occupation is carried on; 
(f) " establishment in public sector" means an establishment owned, controlled or managed by-- 
(1) the Government or a department of the Government;
(2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956 );
(3) a corporation (including a co- operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government;
(4) a local authority;
(g) " establishment in private sector" means an establishment which is not an establishment in public sector and where ordinarily twenty- five or more persons are employed to work for remuneration; 
(h) " prescribed" means prescribed by rules made under this Act;
(i) " unskilled office work" means work done in an establishment by any of the following categories of employees, namely:--  (1) daftri;  (2) jemadar, orderly and peon;  (3) dusting man or farash;  (4) bundle or record lifter;  (5) process server;  (6) watchman;  (7) sweeper;  (8) any other employee doing any routine or unskilled work which the Central Government may, by notification in the Official Gazette, declare to be unskilled office work. 
3. Act not to apply in relation to certain vacancies.- 
(1) This Act shall not apply in relation to vacancies,--
(a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment as agricultural or farm machinery operatives;
(b) in any employment in domestic service;
(c) in any employment the total duration of which is less than three months;
(d) in any employment to do unskilled office work;
(e) in any employment connected with the staff of Parliament.
(2) Unless the Central Government otherwise directs by notification in the Official Gazette in this behalf, this Act shall not also apply in relation to--
(a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or on the result of any examination conducted or interview held by, or on the recommendation of, any independent agency, such as the Union or a State Public Service Commission and the like;  (b) vacancies in an employment which carries a remuneration of less than sixty rupees in a month. 
4. Notification of vacancies to employment exchanges.-  (1) After the commencement of this Act in any State or area thereof, the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed.
(2) The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition.
(3) The manner in which the vacancies referred to in sub- section (1) or sub- section (2) shall be notified to the employment exchanges and the particulars of employments in which such vacancies have occurred or are about to occur shall be such as may be prescribed.
(4) Nothing in sub- sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those sub- sections.
5. Employers to furnish information and returns in prescribed form.-
(1) After the commencement of this Act in any State or area thereof, the employer in every establishment in public sector in that State or area shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment, to such employment exchanges as may be prescribed.
(2) The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition.
(3) The form in which, and the intervals of time at which, such information or return shall be furnished and the particulars which they shall contain shall be such as may be prescribed.
6. Right of access to records or documents.- Such officer of Government as may be prescribed in this behalf, or any person authorised by him in writing, shall have access to any relevant record or document in the possession of any employer required to furnish any information or returns under section 5 and may enter at any reasonable time any premises where he believes such record or document to be and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information required under that section.
7. Penalties.- 
(1) If any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy in contravention of sub- section (1) or sub- section (2) of section 4, he shall be punishable for the first offence with fine which may extend to five hundred rupees and for every subsequent offence with fine which may extend to one thousand rupees.
(2) If any person--  (a) required to furnish any information or return-- 
(i) refuses or neglects to furnish such information or return, or
(ii) furnishes or causes to be furnished any information or return which he knows to be false, or 
(iii) refuses to answer, or gives a false answer to, any question necessary for obtaining any information required to be furnished under section 5; or  (b) impedes the right of access to relevant records or documents or the right of entry conferred by section 6, he shall be punishable for the first offence with fine which may extend to two hundred and fifty rupees and for every subsequent offence with fine which may extend to five hundred rupees.
8. Cognizance of offences.- No prosecution for an offence under this Act shall be instituted except by, or with the sanction of, such officer of Government as may be prescribed in this behalf or any person authorised by that officer in writing.
9. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.  10. Power to make rules.-
(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. 
(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 employment exchange or exchanges to which, the form and manner in which, and the time within which, vacancies shall be notified, and the particulars of employments in which such vacancies have occurred or are about to occur; 
(b) the form and manner in which, and the intervals at which, information and returns required under section 5 shall be furnished, and the particulars which they shall contain;
(c) the officers by whom and the manner in which the right of access to documents and the right of entry conferred by section 6 may be exercised;
(d) any other matter which is to be, or may be, prescribed under this Act.  (3) 1[ Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.  

DOCK WORKERS (SAFETY, HEALTH AND WELFARE) RULES, 1990

DOCK WORKERS (SAFETY, HEALTH AND WELFARE) RULES, 1990

G.S.R. 79 (E), dated 16th February, 1990.*- Whereas the draft of Dock Workers, (Safety, Health and Welfare) Rules, 1987, was published as required by subsection (1) of Sec. 22 of the Dock Workers, (Safety, Health and Welfare) Act, 1986 (54 of 1986), in Pt. II, Sec. 3 (i), of the Gazette of India, Extraordinary, dated the 27th November, 1987 with notification of the Government of India In the Ministry of Labour, No. G.S.R. 939 (E), dated the 27th November, 1987, inviting objections and suggestions from all persons likely to be affected thereby, till the expiry of a period of forty-five days from the date of publication of the said draft notification in the Official Gazette; And whereas the said Gazette was made available to the public on the 18th December, 1987; And whereas the objections and suggestions received from the public on the said draft have been considered by the Central Government; Now therefore, in exercise of the powers conferred by Sec. 20 of the said Act, the Central Government hereby makes the following rules, namely:-

1. Short title, application and commencement.-
(1) These rules may be called the Dock Workers, (Safety, Health and Welfare) Rules, 1990.
(2) They shall apply to all major ports in India as defined in the Major Ports Act, 1963 (38 of 1963).
3) They shall come into force after expiry of 30 days from the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise require.-
(a) "Act" means the Dock Workers, (Safety, Health and Welfare) Act, 1986 (54 of 1986);
(b) "Regulations" means the Dock Workers, (Safety, Health and Welfare) Regulations, 1989; and,
(c) All the words used in these rules and not defined but defined in the Act or the regulations shall have the meanings respectively assigned to them in the Act and the regulations.

Comment This rule lays down that the words used in these rules but not defined shall have the meanings as assigned to those words in the Act or the regulations.

Otherwise-What amounts to.- The word "otherwise" is not to be construed ejusdem gensis with the words "Circulars, advertisements". **

3. Inspection procedure.- An Inspector shall exercise the powers conferred upon him under the Act and the regulations.

4. Notice to employer.-

The Inspector shall, after every inspection visit, as may be deemed necessary, issue an improvement notice or a prohibition notice pointing out the non-compliance of provisions of the Act or the regulations to the owner or master or officer-in-charge of the ship or their agent or the employer of the dock workers in Form IX appended to the regulations.

5. Compliance of previous inspection reports.-
An Inspector shall, at each inspection, ascertain to what extent any shortcomings notified at a previous inspection have been rectified and the notices previously issued have been complied with. His findings and any shortcomings which may come to light during the inspection, together with any order passed by him under the Act or the regulations shall be recorded in an inspection register required to be maintained for the purpose.
6. Notice to whom served.-
Any notice or order required or intended to be served under the Act or the regulations, may be served:
(a) On any person by delivering it to him, or by leaving it at, or sending it by registered post to the ship, premises or registered office as the case may be.
(b) On any firm by delivering it to any partner of the firm or by leaving It at, or sending it by registered post to the office of the firm.
(c) On any company by delivering it to any of the directors or the person in charge of operation in the dock premises or by sending it by registered post to the office of the company.
7. Show-cause notice.-
An Inspector may, as deemed necessary, issue show cause notice and prohibition order and prosecute the port authority, firm or company, who by himself or through his agent is responsible for non-compliance of the provisions under the Act and the regulations.
Comment
Deemed-Meaning of.-
The word "deemed" always means to be treated "as if it were" ***
8. Inquiry into causes of accidents.-An Inspector shall conduct inquiry into causes of any accident or dangerous occurrence, which he has reason to believe was caused as a result of collapse or failure of lifting appliance, loose gear, transport equipment, etc., or non-compliance with any of the provisions of the Act or the regulations.
9. Advisory Committee.-
(a) The Advisory Committee under Sec. 9 of the Act shall consist of the following nine members to be appointed by Central Government, namely:
(i) The Chief Inspector and other two members representing the Central Government.
(ii) Three members representing organisation of employers of dock workers as the Central Government may consider appropriate.
(iii) Three members representing organisations of dock workers, as the Central Government may consider appropriate:

Provided further that the Central Government may remove any member from the Advisory Committee, without assigning any reasons.
(b) The Chief Inspector shall be Chairman of the Advisory Committee.
(c) The members of the Committee shall be appointed for a period of three years.
(d) An official of the organisation of the Chief Inspector shall function as the Secretary to the Advisory Committee and shall be entitled to attend and take part in the meetings of the Committee, he shall not have a right to vote.
(e) (i) The Chairman shall convene meetings of the Advisory Committee, as often as considered necessary, by giving notice of at least 15 days. The Chairman shall also forward to the members the agenda for the meeting before the meeting is held.
(ii) The decisions taken by the Committee shall be forwarded by the Chairman to the Central Government, along with comments and recommendations on the action to be taken thereon.
(iii) A report of the action taken on the decisions of the Advisory Committee shall be presented to the Committee by the Chairman at its next meeting.
Comments
This rule deals with composition of the Advisory committee under Sec. 9 of the Act
Proviso-Internal aid.-It is a well settled principle of construction that unless clearly indicated, a proviso would not take away substantive rights given by the section or the sub-section ****
10. Competent person appointed by Central Government for the purposes of inquiring into the causes of any accident, diseases connected with the dock work under the provision of Sec. 10 of the Act shall make the inquiry in the following manner:
(a) date, time and place of holding the inquiry shall be fixed and may be varied, notice of which shall be given not less than 30 days in writing of such date, time and place to every person entitled to appear at the inquiry whose name and address are known to the competent person :
Provided that.-
(i) with the consent of all such persons, the competent person may give such lesser period of notice as shall be agreed to with those persons; and
(ii) where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the competent person shall give such notice of the variation as may appear to it to be reasonable in the circumstances.
(b) The notice given under paragraph (a) of this rule shall state the name of the competent person and the names of assessors, if any, appointed to assist the competent person in the inquiry.
(c) Without prejudice to the foregoing provisions of this rule, the competent person shall also for the purpose of notifying to the persons who may in any way be concerned with the subject matter of the inquiry, take one or more of the following steps namely:
(i) publish notice of the inquiry in one or more newspapers, including where appropriate, newspapers circulating in the locality/area in which the subject matter of the inquiry arose; and
(ii) give such other notice of the inquiry as appears to the competent person to be appropriate; and the requirements as to the period of notice contained in paragraph (a) of this rule shall not apply to any such notices.
Comment
This rule lays down the manner the inquiry under Sec. 10 of the Act.
11. Persons to appear at inquiry.-
(1) The person entitled to appear at the inquiry shall be-
(a) any competent person under regulation 2 (a);
(b) any enforcing authority concerned;
(c) any employers' association or trade union of employees;
(d) any person who was injured or suffered damage as a result of the accident, occurrence, situation, disease or other matter which is the subject of the inquiry, or his representative;
(e) the owner of any premises in which the accident, occurrence, situation or other matter occurred or arose;
(f) any person carrying on dock work giving rise to the accident, occurrence, situation or other matter which is the subject of the inquiry, and
(g) any other person at the discretion of the appointed competent person.
(2) The following shall represent at the inquiry-
(a) a corporate body may be represented by its secretary or by any other officer appointed for the purpose, or by counsel or solicitor;
(b) a Government department, an employers' association or a trade union may be represented by a counsel or a solicitor,
(c) where there are two or more persons having a similar interest in the matter under inquiry, the competent person may allow one or more persons to appear for the benefit of some or all persons so interested.
(3) The competent person appointed by the Central Government under Sec. 10 of the Act, may, either of his own motion or on the application of any person entitled or permitted to appear, cause to be served on any person appearing to him to be likely to be able to give material evidence or to produce any document likely to be material evidence, a notice requiring that person to attend at the inquiry at the time and place specified in the notice to give evidence or produce the document.
(4) A person on whom a notice is served under sub-rule (3) may apply to the competent person either at or before the inquiry to vary or set aside the requirement, and where he does so before the inquiry he shall give notice of his application to the person, if any, who applied for the notice under sub-rule (3) to be served.
(5) Except as otherwise provided in these rules, the procedure at and in connection with an inquiry shall be at the discretion of the competent person who shall state at the commencement of the hearing the procedure which, subject to consideration of any submission by the persons appearing at the inquiry, he proposed to adopt and shall inform those persons what he proposes as regards any site inspection arising out of the hearing.

To be continue...

Online Filing of Returns of Exempted Establishments under New Software

 Online Filing of Returns of Exempted Establishments under New Software

1. To streamline the monitoring and supervision of the performance of exempted Trusts under EPF & MP Act, 1952 and various Schemes framed thereunder, a new software has been launched on 27.05.2017.

2. The Parliamentary Standing Committee on Labour had recently reviewed the functioning of exempted Trusts and pointed out several shortcomings in the working of the exempted Establishments/Trusts.
3. All the exempted Trusts are hereby advised to submit the pending online returns from October, 2016 till date. It is clarified that the return for the wage month March, 2017 is to be filed latest by 15th of May, 2017. Similarly the returns for every wage month are to be filed by 15th of the month following the month of payment of contributions for the wage month as exemplified above for the month of March, 2017. Hence all returns pending upto the wage month of April 2017 may be filed online latest by lsth June 2017.
4. It may further be noted that the performance of all the exempted Trusts/Establishments will be monitored on regular basis online based on the performance of the exempted establishments in all relevant areas) ranks will be assigned and the same shall be published periodically in the EPFO website. The various items of data required for filing new online returns are:
i) Claims (Numbers) received during the month and settled with percentage of settlement. ii) Date of transfer of contributions to the Trust. iii) Investment of surplus funds in the securities/bonds as per pattern of investment within stipulated time (maximum 10 days from the date of receipt of contributions i.e. 15th of each month). iv) Rate of interest declared for the previous financial year. v) Date of filing returns online.
5. Sufficient space in the returns have been provided for the employers/Trustees to give their feedback/comments if any.

Earlier in this context

EPFO requests Exempted/ Relaxed Establishments to hold Filing of Online Returns pending implementation of Unified Portal; ECR to stop in Dec. 2016

EPFO has informed that due to development/ launching of the Unified Portal being in process, the functionality of filing of online returns by the Exempted/ Relaxed Establishments will be stopped in Dec. 2016 (currently integrated in the ECR Portal) and shall remain on hold for some time, for deployment of such functionality on the Unified Portal.

It may be noted that Exempted Return and its MIS Dashboard will not be available for some time till it is deployed on the Unified Portal, which is under development/ implementation. Once the return filing functionality for exempted/ relaxed establishments (maintaining private P.F. Trusts of their own) is deployed, they will have to file the returns for all such pending months.

In the existing scheme of filing of online returns by exempted/ relaxed establishments, filing of the return is allowed in a sequential manner. It implies that exempted/ relaxed establishments are not permitted to file online returns for a particular month till the same for the previous month has been filed.

Therefore once the ECR Portal is stopped; the exempted/ relaxed establishments will be required to keep the data ready for the months for which the same could not be filed for the reason of non-availability of the portal for filing online return.

Chandigarh - Minimum wages Notification April 2017

No. ST/ (CPI)/2017-2018/2058

Dated:23rd May, 2017

Consumer Price Index Number of Chandigarh Centre for the half  year ending March, 2017.

The half yearly Cost of Living Index Numbers of Chandigarh Centre (Base 2001 = 100) for industrial workers, issued by Labour Bureau, Shimla for the months of October, 2016 to March, 2017 are 1430.72, 1435.89, 1425.46, 1435.89, 1425.46 and 1435.89 respectively. Thus the average (calculated for six months) cost of living index numbers as on 31.03.2017 is 1432. The previous average cost of living index numbers was 1420 points for the quarter ending 30.09.2016. Therefore, increase in average cost of living index number is 12 points. The per point neutralization in minimum rates of wages for monthly rated employees under the Minimum Wages Act is Rs. 7/-.Thus minimum rates of wages for each category of employees have been increased by Rs. 84/p.m.on the increase of12points.

The following are the minimum rates of wages payable for monthly and daily rated employees for the period starting from 1.04.2017 to 30.09.2017 (both days inclusive).

S.No.	Category of Employees	Rates of Minimum Wages (in Rupees)
		Monthly	Daily	Monthly	Daily
		Old Rate 01.10.2016 to 31.3.2017 (In Rs.)	Old Rate 01.10.2016 to 31.3.2017 (In Rs.)	New Rate 01.04 .2017 to 30.9.2017 (In Rs.)	New Rate 01.04.2017 to 30.9.2017 (In Rs.)
1	Un-skilled	8787	338	8871	341
2	Semi-Skilled-II.	8937	344	9021	347
3	Semi-Skilled-I.	9037	348	9121	351
4	Skilled-II	9237	355.26	9321	359
5	Skilled-I	9462	364	9546	367
6	Highly Skilled	9862	379.3	9946	383
7	Class III (Staff)	9062	349	9146	352
8	Class-II (Staff)	9212	354.3	9296	358
9	Class I (Staff)	9572	368.15	9656	371
(Hotels, Restaurants, Tea Stall and Halwai)
S.No.	Categoryof Employees		Rates of Minimum Wages (in Rupees)
			Without Food and Lodging	With Food and Lodging	For food and Lodging
			New Rate 01.04.2017 to 30.9.2017 (In Rs.)	New Rate 01.04.2017 to 30.9.2017 (In Rs.)	New Rate 01.04.2017 to 30.9.2017 (In Rs.)
1	Un-skilled		8871	7762	1109
2	Semi-Skilled-II.		9021	7893	1128
3	Semi-Skilled-I.		9121	7981	1140
4	Skilled-II		9321	8156	1165
5	Skilled-I		9546	8353	1193
6	Highly Skilled		9946	8703	1243
7	Class III (Staff)		9146	8003	1143
8	Class-II (Staff)		9296	8134	1162
9	Class I (Staff)		9656	8449	1207

Notes:
(1) The points for the months from October, 2016 to March, 2017 Base Year 2001=100 are 272, 273, 271, 273, 271 and 273 which have been calculated by the linking factor at 5.26 with regard to Chandigarh Centre as desired by the Director, Labour Bureau, Shimla vide their letter dated 09.03.2006 for compliance.
(2) The categories of employees as per notification dated 25.11.2010 are given below:
(3) (i) The change due to rise or fall in the Cost of Living Index Number will be adjusted in the ratio of07:01 i.e.07 parts in cash and 1 part for two meals and two Tea.
(ii) Where an employer provides living accommodation to an employee then he may charge maximum of Rs.50p.m.from the wage of an employee.
1. Unskilled:-means an employee engaged to do manual work by any part of his body like lifting, pushing, pulling, shifting of loads or digging, excavating, removing of earth, water etc. or who assist another employee in a schedule employment or who does any work of cleaning, sweeping, gardening or mali, guarding, washing, packing, wrapping, filling, washing etc. or who works as a waterman, masalchi, gateman, peon,  kneedar, watchman, chowkidar, rickshaw puller, rehri wala, beldar, mazdoor, khalasi, poster paster, boardboy, oilman, as an aya or as cleaner on a vehicle or polisher on a vehicle etc. or any other person who does similar nature of jobs.

2. Semi-Skilled-II: means an employee who has not passed his intermediate or equivalent examination and have learnt by experience to work on a machine and operate or work on such machine or who has acquired some skill in any technical/professional trades and work on a machine or on the job of that trade or profession or who without having any special training from any Govt. recognized institution or school or board works as a plumber, rein forcer, spinner, stitcher, tailor, embroider, barber, mochi, pump attendant, mixerman, deffedar, mate,tarcol / paint sprayer or other sprayer or bazri spreader, quarry operator, jamperman, hammer man, sole cutter, upper-fitter, backer, securer, stiffer, skiver, heel builder, boatman, floor polisher, mistry, whitewasher, carpenter, distemperer, air conditioner operator or its repairer, moulder, compositor, rangaiwala, Roller man, saw man, plainer man cutterman,soaker, hanger man, drillman, leach houseman, lime yardman, drum man, tan yardman, book binder, wireman, buffer, grusher, waiter, , deliveryman, khatai wala, achaar/muraba maker, weighing man, lineman, bill collector, assistant cook, painteryman, stock boy, canvasser, glassfitter,cyclefitter or repairer, furniture polisher, type repairer, kantiwala, lohar, toka man, planer, light vehicle driver or a chauffeur, conductor or who works as a welder, sheet metal worker ,fitter, turner, machine man, grinder man or as machinist grinder radio/TV wireless repairer, blacksmith, motor mechanic, diesel engine operator or other machines operator, diesel mechanic, meter reader etc. or any other person who does any work similar to any of the above.
3. Semi-Skilled-I :-means an employee who has passed his intermediate or equivalent examination and have learnt by experience to work on a machine and operate such machine or who worked at least for five years on any of the work/job falling under the semi-skilled-II category or who is a driver of medium/heavy/special vehicle or who is a head mate, massion, glass cutter, bakery mistry, halwai, rafugar, dry cleaner, pressman, steward, head bearer, head waiter, film repairer, guide, cook, tandooriya, coffee-man, photographer, video camera operator, dispenser, analyst, checker, computer operator, Inspector, weaver, shaver, electroplater, glassblower, decorator, scudder, dyer, flesher, finisher, setter, splitter, laboratory assistant chemist, attendant, die maker, refrigerator mechanic, ginisher, luster, candle man, spinning master, printing master, screening master, artist etc. or who does any work similar to any of the above.
4. Skilled-II: -means an employee, who has passed a certificate examination in technical or other professional trade from a Govt. recognized institution, board or a university and who does work in that trade or profession and include a grinder man, machinist grinder man, line man, welder, turner, machinist, wireman, electrician, shaper man, painter, blacksmith, goldsmith, sheet metal worker, fitter, radio/TV/wireless mechanic, die maker, air conditioner operator or mechanic, laboratory attendant, chemist, compounder, printing man/printer, craftsman, smith, lithographer, compositor, moulder, rangaiwala, watch repairer or watch assembler, computer mechanic, software developer, motor mechanic or motor binder, refrigeration mechanic, blower man, senior machine operator, computerize machine operator, etc. or who does any similar nature of jobs on having obtained a similar certificate.
5. Skilled-I: - means an employee who passed his diploma or equivalent examination in any discipline from any Govt. recognized institution, Board or a university and does work in that discipline or who is at least a graduate and does any of the work falling under skilled-II category and includes a medical representative, advertiser, marketing professional or a chef or technical supervisor etc. or who does any similar nature of jobs.

6. Highly Skilled: - means an employee who is a graduate in engineering or in any other special or other professional trade from a Govt. recognized institution, board or a university and employed to do work in that discipline or who is employed as a foreman, manager, executive, or an officer, having no power of managerial functions or who does any work similar in nature.
7. Class–III [Staff]:-means an employee who has passed his matriculation or equivalent examination and employed as a clerk, time keeper, munshi, store assistant, store keeper, accounts assistant, typist, steno-typist, receptionist, personal assistant, cashier, draftsman, telephone operator, computer applicator, counterman, ticket checker, ticket collector, legal assistant, supplier, nurse or nursing assistant, compounder, technologist, radiologist or employed to do similar nature of work in an office or at other place or any other employee who is employed to do similar nature of work.
8. Class –II [Staff]: - means an employee who has passed his graduation in any discipline except technical and who does any work specified for class-III [Staff] whether designated with the same or similar nomenclature or by a senior nomenclature but below the nomenclature specified for Class-I [Staff] or who is accountant, stenographer, work incharge, office supervisor, salesman, purchase man, store incharge, architect, artesian etc. or any other person doing similar nature of jobs.
9. Class –I [Staff]: - means an employee employed as assistant manager, foreman, executive, engineer, officer, office supervisor, medical officer, doctor, dentist, surgeon, pharmist, vaid, hakim, homeopath or in any other similar position etc. and who does not have any authority or power to exercise managerial functions or who does any office work or work related to his nomenclature during the maximum time of his duty, the work may include the work specified for Class-II or III

[Staff].
-sd/Assistant Labour Commissioner,

Union Territory, Chandigarh.

Link-  http://www.chandigarh.gov.in/pdf/labour-mar2017-sept17.pdf

Exemption under EDLI (Employees Deposit Linked Insurance Scheme, 1976)

Exemption under Employees Deposit Linked Insurance Scheme, 1976

Section 17 (2A) of the Act provides for grant of exemption from the operation of Employees Deposit Linked Insurance Scheme, 1976.  It is granted to an establishment, where the employees are, without making any separate contribution or payment of premium, in enjoyment of benefits in the nature of Life Insurance whether linked to their deposits in Provident Fund or not and such benefits are more favourable than the benefits admissible under the Insurance Scheme.  It is granted by the Central Provident Fund Commissioner by notification in the official gazette and is subject to conditions that may be specified in the notification.  It is  granted either prospectively or retrospectively.

Pending grant of exemption to an establishment relaxation order may be issued under Para – 28 (7) of the Employees Deposit Linked Insurance Scheme, 1976.

An establishment exempted from the operation of Employees’ Deposit Linked Insurance Scheme, 1976 is required to submit a monthly return to the Regional Provident Fund Commissioner by the 25th of the month in Form 7(IF).

Para 28 (4) of the Scheme provides for grant of exemption by the Central Provident Fund Commissioner to any Class of employees.

Under Section 17 (2B) read with Para – 28 (1) of the Employees’ Deposit Linked Insurance Scheme, 1976, the Regional Provident Fund Commissioner may grant exemption from the operation of all or any of the provisions of the Employees’ Deposit Linked Insurance Scheme to an employee.

STEPS TO INTRODUCE THE SCHEME:

1. Apply to the Regional Provident Fund Commissioner under Sec.17 (2A) of the E.P.F. and M.P. Act 1952 to exempt you from EDLI Scheme. The application should be accompanied by the prescribed requirements including the Rules of the Proposed Group Insurance scheme. Central PF Commissioner, has authorized the R.P.F.C. to grant exemption from the 1st of the month in which the application for relaxation is submitted. LIC also offers necessary guidance to the employers for seeking relaxation.

1. Put up notice for the knowledge of the employees that you are going in for LIC or Equivalent authorised Insurance Service Provider in lieu of EDLI.

The establishment shall pay inspection charges at the rate of 0.005 % of the basic wages and Dearness Allowance subject to a minimum of Rs.1/- per month.

Aadhaar seeding and Implementation of e-services of Haryana Labour Welfare Board

Haryana - Labour Welfare Board
Aadhaar seeding and Implementation of e-services of Haryana Labour Welfare Board

Gravity of the Subject Matter

The e- services of the department and boards were launched by Hon’ble CM on 19.01.2017. The review meeting was held under the Chairmanship Addl. PSCM on dated 20.03.2017.  Consequent on briefing the Hon’ble CM Haryana, it has been ordered that seeding of Industrial workers data with AADHAAR must be completed before 31.05.2017. Hence this workshop to engage all the Officers/Officials of the Labour Wing

Introduction

The Haryana Labour Welfare Board, came into existence on 15-01-1970 vide Section 4 of the Punjab Labour Welfare Fund Act, 1965. As per the Act (ibid), the main purpose of the board is to provide for the constitution of a Fund for the financing of activities to promote welfare of labour in the State of Haryana and for conducting such activities and for certain other purposes. 

Contribution: - In January 2002, new section i.e. 9A was inserted in the Act (ibid) vide which provision was made to collect the contribution from the employer as well employee to augment funds of the Board. The rates of contribution prevailing from time to time are given below:-

Re.1/- Rs. 2/- April 2007 to March 2012 Rs.5/- Rs.10/- April 2012 to till date Rs. 10/- Rs.20/-

Period	Employee Contribution  (per month)	Employer Contribution (Per month)
January 2002 to March 2007	Rs. 1/-	Rs. 2/-
April 2007 to March 2012	Rs.5/-	Rs.10/-
April 2012 to till date	Rs. 10/-	Rs. 20/-

The mandate of the Labour Department along with its associated two Welfare Boards is to ensure the safety, health and welfare of the workers, which are statutory rights.

To ensure the wide and effective reach of benevolent measures of the Haryana Welfare Boards to the industrial workers, it is necessary that their basic data like their working organisation details, ESI, EPF Nos. etc.  is available with the Board.

Therefore, e- services have been lunched to capture this data.

Haryana Labour Welfare Board

Visit :- http://hrylabour.gov.in/

·         The users who have just commenced their business establishment or who have still not come on board shall register as new users

Employer Portal (only use for not Registered User)

→e-Services → Factories Act/ Shops Act

First “Factory/shop owner” user click on e-services select “Factory Act/Shop Act etc. and read all instruction.

Click on Check Box button ⃝ and Submit   → Search Factory/Shop Name/ Email /Application Id and click on submit button.

Based upon the search results, the user have to decide by applications of his mind whether any result matches with his business unit’s credentials.

If yes, he can get his user login ID and password and start the next process of one time verification of e-mail, mobile, AADHAAR etc. and update the workers data.

The e-mail ID shown in the search result is his user login ID and password can be obtained by using forget password option or from the technical support mail of the department at mail.hrylabour@gmail.com

If No, the user proceeds to fill in as new data

By Filling the new BIP you are hereby declaring that name of the factory does not already exist in the Database of the Department

https://hrylabour.gov.in/factory/factory/addFactory 

Once the data is submitted as new user, the automation is done to check duplicity of the credentials of the user based upon matching the name, address, and district, mobile, e-mail etc. etc.

In case of distinct credential the system allows him to register immediately otherwise put the data in buffer for human interface of the department.

In case of shop and Commercial Establishment, the concerned LI and in case of Factories/ BOCW, the concerned  Assistant Directors have been provided in their respective departmental logins to either reject or accept such buffer applications by applying his mind and if necessary making telephonic conversation with the user.

The already registered or newly registered may start working by using their user login ID and password

Employer Portal (only use for Registered User

User Login- Establishment owner shall be able to login

User Type- Select User Type as “Factory Owner/ Shop Owner”

Enter Login Detail- Registered email id and Password

Enter Captcha Code  Click Login

Employer Portal (only use for Registered User)

In case of forget password, User can reset the password by clicking “Forget Password”.

The already registered users / old user, who visit the website and login first time after 14.12.2016, when these new e-services were put to public use, are mandatorily required to verify their e-mail, mobile and AADHAAR if user update basic profile information in BIP.

In some of the user’s login mobile may be displayed as 0

Which is because in earlier version of eservices mobile wouldn't have been filled or

User may feel that I no longer use this mobile/e-mail or it belonged to my agent who has left now.

The user can change both of these i.e. mobile and/or e-mail by updating his information in BIP along with AADHAAR.

The e-mail/ mobile to be updated must be unique in our database and these updations would have to be verified once.

The one mobile can be used in case a particular occupier has more than one business unit and give same AADHAAR.

Link - Manual