Thursday 29 August 2019

Wages Protection System - The Kerala Minimum Wages (Amendment) Rules, 2015

The Government of Kerala had amended the Minimum Wages Act, July 2015, incorporating a system called Wage Protection System. As per the said system, wage details of the employees need to be updated 3 days prior to disbursement of their salary. For registering under the system, bank details of the company have to submitted to the Labour Officer and a NOC to the bank. The companies have to open an account in the attached banks through which the salary to the employees has to be transferred.

Government of Kerala
Labour and Skills Department
Notification No-  G.O. No. 84/2015/I.BR
Date - 8 July 2015



S. R. O. No. 458/2015 - In exercise of the power conferred by the clause b of sub-section 2 of Section 30 of Minimum Wages Act 1948, Government of Kerala after considering the suggestion received from draft proposal published as Notification No. 35/EI/2015/I.BR dated 9th April 2015, in the Kerala Gazette Extraordinarily No 830 dated 13 April 2015, as requested under sub section 1 of Section 30 of the said Act, hereby make the following rule further to Amend the Kerala Minimum Wages Rules, 1958 namely :- 

1. Short title & commencement - 
(1) These rules may be called Kerala Minimum Wages (Amendment) Rules, 2015
(2) They shall come into force at once 

2. 

https://gt-stacowiki3.s3.amazonaws.com/media/filer_public/a2/b7/a2b77656-9574-423d-805b-a15586018bc2/wps-amendment-_minimum_wages_act.pdf 





Wages Protection Systemis an electronic salary transfer system that allows employer to pay wages  to his employee 
WPS MANUAL
Website: wps.lc.kerala.gov.in 

1.  Login
1)If the Employer has already created their user name pass word then by using that username and password, employer can login to the WPS system. After login to the WPS, intimation SMS will be sent to the registered mobile phone of the employer. 2)If the employer has not created username and password for the WPS, then enter online registration number both as username and password for the first time, log in to WPS, and redirected to new registration page. Where they  1.Enter a valid user name. 2.Enter  Password, confirm password by re-entering the same password. 3. If warning message appears for ‘Update Mobile number, you should contact labour office for mobile number updation and repeat the above step for new username creation. 3)Before you go for ‘forgot password’ option please update /register your email id on labour office. If you forgot your password in WPS then click the ‘forgot password’ link in the login page and enter your online registration number in the displayed field and click on ‘Reset password’ option. After that go to your registered email and click the link for resetting the password. 2.Your Establishment details 1) This page gives your establishment’s basic details. 2) Please verify the details and if any change is needed then please contact to your labour office or concerned officers. 3) Please read the instruction/message/note for effective usage of the application. 3.Employee details 1) By clicking this menu you can enter the details of your employees. 2) Pointing * are mandatory fields , should enter properly to avoid improper transactions. 3) After adding details of each, Click ‘Add’ Button .After the success full insertion it will be loaded in the below  table. 4) If you need to edit any details, click on the employee details listed in the table below.After editing the details hit the update button for successful updation.
5) For terminating of any employee, select employee from table and enter the reason for termination. Click terminate button for termination.
4.Wage Upload 1) Select your wage type, then the next salary’s start date and end date will automatically loaded below. If you are first time user , specify  start date and end date properly. 2) Then choose the excel sheet that you prepared for the month and click the upload button. 3) If any warnings shown as mismatch, verify your Excel salary sheet as per the warnings listed. 4) You can view the uploaded salary sheet by clicking ‘View Excel’ listed on below table. 5)  Uploaded details will be listed on the table and select the required wage details for deleting/locking .Click the lock button for locking the wage upload and move to the next stage. 6) By clicking ’Delete’ Button you can delete the uploaded wage details. 5.Wage Calculation 1) On reaching Wage Calculation page, select wage type and wage from wages (uploaded/new) for locking, verify the wages and make updations if any. Then click the save button if any changes made in wages or click the lock button. 2) A delete button is also provided for deleting the wages. 3) On successful lock on Wage Calculation, the page will be redirected to the wage transfer page. 4)If the wage is entered manually, without upload, then select wage type and enter the wages of each employee. 5)After verification save the salary details. The saved salary can be selected from the list ‘wages(uploaded/new) for locking ‘ and lock the wages. After locking it will be redirected to wage transfer page. 6.Wage transfer 1) Select salary entry that you want to transfer, click ‘verify salary’ for viewing employees details like bank details and individual salary. 2)After verifying the details click on ‘Transfer salary’. 3) An OTP will be send to your mobile for security verification, enter the OTP  in the field provided , click confirm button for Salary Transfer.
3) On Successful Transfer of salary, PDF report will be generated for verification.
7. Other payments (Advance, bonus ,arrear (Earnings only)etc) 1) Select Current date for the other payment upload. 2) Then choose the Excel sheet that you prepared for the other payments and click save button. 3) If any warnings are shown verify your Excel salary sheet as per the warnings. 4) You can view uploaded salary sheet by clicking ‘View Excel’ listed on below table. 5) Once you have uploaded, it will be displayed on the table below. Select the details from the below table and click ‘Confirm Payment’ button for moving to the Wage transfer. 6) Using ‘Delete’ button you can delete the wage upload entry. 8.Withheld Salary
1) Select attendance and click ‘View’ button, Then Salary Details will listed below 2) Select the employee names that you need to withhold by ticking the tick box, shown below the withheld option, then click Confirm Button.
9. Withheld Wage Transfer 1) This Option helps you to transfer the salary of employees that once you withheld. 2) For that select attendance and click ‘Verify Salary’, if details shown below are correct then click transfer salary 3)An OTP will be sent to your mobile for security verification, enter the security code that you got in the field provided , press confirm button for Salary Transfer. 4) On Successful Transfer of salary, ‘Wage Transfer Details of Employees’ loaded on to your PC.
10. Employee bank details Updation 1)Here is the facility to update the employees bank details such as account number, bank name and IFSC code. Enter the employee Code on the field and Click ADD Button. 2)Then make entry of the employee’s bank credentials and click on Verify Button. 3)After verify button the details will be displayed again and you can verify the details and if there is any change press the cancel button for correcting the details. If everything is OK, press Update Button.
4)Then an OTP will be send to your registered mobile ,enter the OTP that you got, in the field provided , press ‘Confirm Update’ Button.
5) Maximum of 20 employee’s bank details can be updated with single OTP. 6) Employee bank updation is limited to 3 times per day.
11. Previous Salary 1) Usage of this provision is that, you can assign the previous month salary details to this current month if there is no change in the salary. 2)For this,  please select the previous salary period from ‘Previous Salary’  option and Click ‘assign salary’ button 3) After Verification Click on Lock button, You will be directed to Wage transfer facility.
12. Salary Slip 1) Select the wage and by clicking ‘Generate Salary Slip’ button, salary slip as PDF will be generated for viewing/printing etc. 2)  Also you can generate Salary Slip for individual employees by entering employee code.
13. Designation Mapping 1)Here, you can assign designations to the employees. For that select your establishment, and then select designation from the given list that you want to assign. 2)Then select employees by  ticking,  on the right end. You can assign more employees at the same time, if more employees has the same designation. 3) Once you  selected the designation and employees , Click ‘Assign Designation Button’.
14. Bank File Comparison 1) Here you are getting the Transfer status of your salary with respect to the bank statement. 2) A link will be available at right end, if the bank processing is completed 3)By clicking it an excel report will be generated. In this report you can verify the bank statement, which include status of transaction and transaction id. 4)If there is a failed transaction, reason for failure will be available in the bank statement.
15.Reports 1) Wage Report 2) Wage history 3) Termination report 4) Employees bank details
16.Administration 1) Change Password 1.This facility enables you to change your current password. For that enter the current password , and the desired new one. 2.Press 'Submit' Button . 2) User management 1.Employer can create users if needed. By setting a username, password and re-entering same password in confirm password field. 2.Set the Active option as 'Active'. 3.These newly created usernames will not have admin permission such as wage transfer etc. NB: Field marked * are mandatory fields, should enter properly.
 

Wednesday 28 August 2019

Online Grievance Redressal mechanism for Indian seafarers

Online Grievance Redressal mechanism for Indian seafarers

Merchant Shipping Notice No. 06 of 2019 (F.No. CR/GrievanceRedressal/2013 - pt.

The Directorate General of Shipping on August 21, 2019, with the approval of Director General of Shipping notifies all Indian seafarers to lodge their grievance in the system online.  The grievance redressal mechanism for seafarers was initiated vide Circular No. 3 of 2011 (F.No. CR/Misc/10/2011) dated June 05, 2011 and M.S. Notice No. 3 of 2013 dated January 30, 2013 in order to overcome procedural delays and expedite resolution of seafarers’ grievances, the grievance redressal mechanism is being launched online for registering grievance and obtaining response thereon. 
The operational details of the online grievance redressal system are as under:
 Submission of grievances
 Action by the jurisdiction grievance redressal official
1. Verify the data submitted by the seafarer. 
2. May send query to applicant, if required.
3. May send query to RPSL agency and shipping company. 
4. On receipt of response to the query, the grievance may be disposed off.
 Action by the concerned RPSL company
 Action by the concerned shipping company
This online system will be operational with immediate effect. 







Amendments to the Tamil Nadu Factories Rules

Amendments to the Tamil Nadu Factories Rules

Government of Tamil Nadu vide notification no SRO A-29/2019 has amended rule 4(6-A) and rule 7 of Tamil Nadu Factories Rules, 1950 where earlier period of license validity from ten years has been extended to fifteen years



TAMIL NADU GOVERNMENT GAZETTE
Labour and Employment Department

Amendments to the Tamil Nadu Factories Rules

G.O. Ms. No. 125, Labour and Employment (M2), 23rd July 2019,

No. SRO A-29/2019.—In exercise of the powers conferred by Section 112 of the Factories Act, 1948 (Central Act LXIII of 1948), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Factories Rules,1950, the draft of the same having been previously published, as required under Section 115 of the said Act

Amendments

In the said Rules, - 

1. in rule 4, in sub-rule (6-A), for the expression "ten consecutive calendar years", the expression "fifteen consecutive calendar years" shall be substituted; 

2. in rule 7, in the second proviso to sub-rule (3), for the expression "ten consecutive calendar years", the expression "fifteen consecutive calendar years" shall be substituted.

SUNIL PALIWAL,
Principal Secretary to Government


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Tuesday 27 August 2019

Labour Law - Penalty & Imprisonment - Master Sheet



Sr. NoActSectionRisk Components - Offence Penalty
1Apprentices Act, 196130 (1) (a)Engaging an unqualified person as an apprentice.Upto six months imprisonment or fine or both to employer
2Apprentices Act, 196130 (1)(b)Failing to carry out the terms of contract of apprenticeshipUpto six months imprisonment or fine or both to employer.
3Apprentices Act, 196130 (1)(c)Employs lesser number of apprentices than required.Upto six months imprisonment or fine or both to employer.
4Apprentices Act, 196130 (2)(a)Non filing or filing wrong / incomplete / false returns / answers.Upto six months imprisonment or fine or both to employer.
5Apprentices Act, 196130 (2)(b)Refusing or neglecting to afford reasonable facility to enter the establishment/ make an inspection, examination or inquiry authorised under the act to the Central/State Apprenticeship adviser or a person not below the rank of Asst Apprenticeship AdviserUpto six months imprisonment or fine or both to employer.
6Apprentices Act, 196130 (2)(c)Requiring apprentice to work overtime without prior approval of Apprenticeship Advisor.Upto six months imprisonment or fine or both to employer.
7Apprentices Act, 196130 (2)(d)Making apprentice do work not connected with approved training programme.Upto six months imprisonment or fine or both to employer.
8Apprentices Act, 196130 (2)(e,f)Paying an apprentice on piece work or Requiring an apprentice to take part in an output bonus/incentive schemeUpto six months imprisonment or fine or both to employer.
9Apprentices Act, 196131Contravening provisions of the act other than the offences specified in section 30Fine of Rs.1000 to Rs. 3000
10Child Labour (Prohibition and Regulation) Act, 198614(1,2)Employing a child or permitting a child to work in contravention of Section 33 months to one year imprisonment and/or fine of Rs.10,000 to 20,000 on first violation.6 months to two years imprisonment for subsequent violations .
11Child Labour (Prohibition and Regulation) Act, 198714(3)Failing to give notice (S. 9), or failing to maintain a register or making a false entry in a register (S. 11) , or failing to display a notice containing an abstract of certain sections (S. 12) or failing to comply with any other provisions of the act1 month imprisonment and/or fine of Rs.10,000.
12Contract Labour (Regulation & Abolition) Act, 197022Obstructing an inspector in the discharge of his duties or willfully neglecting to afford the inspector reasonable facility or willfully refusing to provide any document in regard to this Act to the inspector, on demand.3 month imprisonment and/or fine of Rs.5000.
13Contract Labour (Regulation & Abolition) Act, 197123Contravention of any of the provisions of the act or rules, or contravention of any condition of a licence3 month imprisonment and/or fine of Rs.10000 & additional fine of Rs. 100 per day for continuing contravention.
14Dangerous Machines (Regulation) Act, 198331Committing A Second OffenceImprisonment for a term which shall not be less than three months and fine which shall not be less than Five hundred rupees but not more than One thousand rupees.;
15Dangerous Machines (Regulation) Act, 198431(a)Manufacturing, or carrying on business as a manufacturer or dealer of, any dangerous machine without being in possession of a valid licence issued or renewed under this ActPunishable with imprisonment upto six months and/or fine upto Rs.1000.
16Dangerous Machines (Regulation) Act, 198531(b)Employing a child in the operation of any dangerous machinePunishable with imprisonment upto six months and/or fine upto Rs.1000.
17Dangerous Machines (Regulation) Act, 198631(c)To cause any person to operate a dangerous machine which does not conform to the standards specified by or under this ActPunishable with imprisonment upto six months and/or fine upto Rs.1000.
18Dangerous Machines (Regulation) Act, 198731(d)To cause any person to operate any dangerous machine referred to in Section 21, without carrying out the prescribed modifications;Punishable with imprisonment upto six months and/or fine upto Rs.1000.
19Dangerous Machines (Regulation) Act, 198831(e)To omit to take out or renew an insurance policy as required by Section 24Punishable with imprisonment upto six months and/or fine upto Rs.1000.
20Dangerous Machines (Regulation) Act, 198931(f)To sell or otherwise transfer any dangerous machine which does not conform to the provisions of this Act or the rules made thereunderPunishable with imprisonment upto six months and/or fine upto Rs.1000.
21Dangerous Machines (Regulation) Act, 199031(g)To operate or cause any person to operate any dangerous machine during the period of operation of prohibitory order made under sub-section (2) of Section 26Punishable with imprisonment upto six months and/or fine upto Rs.1000.
22Dangerous Machines (Regulation) Act, 199131(h)Contravening any Section of the Act or any rules made under the act, which is not specified in Section 31Punishable with imprisonment upto six months and/or fine upto Rs.1000.
23Employees Compensation Act, 192318-AFailure to maintain notice-book (S.10(3)); Fine upto Rs. 5000.
24Employees Compensation Act, 192318-AFailure to send statement u/s 10-A(1);
25Employees Compensation Act, 192318-AFailure to send report u/s 10-B;
26Employees Compensation Act, 192318-AFailure to make return u/s 16.
27Employment Exchanges (Compulsory Notification of Vacancies) Act, 19597(1).Fails to notify any vacancyFine of Rs. 500 for first offence & Rs. 1000 for subsequent offence.
28Employment Exchanges (Compulsory Notification of Vacancies) Act, 19607(2)(a)Refusing or neglecting to furnish any information or return, or furnishing any information or return known to be false, or refusing to answer, or giving a false answer to any question necessary for obtaining any information under S.5Fine of Rs. 250 for first offence & Rs. 500 for subsequent offence.
29Employment Exchanges (Compulsory Notification of Vacancies) Act, 19617(2)(b)Impeding the right of access to relevant records or documents or the right of entry conferred by Section 6Fine of Rs. 250 for first offence & Rs. 500 for subsequent offence.
30Equal Remuneration Act, 197610 (1)Omitting or failing to
(a) maintain any register or other document,
(b) produce any register, muster-roll or other document,
(c) give any evidence or preventing any other person in charge of the establishment, or any worker, from giving evidence
Imprisonment upto 1 month and / or fine upto Rs. 10000.
31Equal Remuneration Act, 197710 (2)Making any recruitment in contravention of the provisions of this Act, or making any payment of remuneration at unequal rates to men and women workers or making any discrimination between men and women workers for the same work or work of a similar natureImprisonment upto 1 years but not less than 3 months and / or fine upto Rs. 20000 but not less than Rs. 10000.
32Equal Remuneration Act, 197810 (2)Omitting or failing to carry out any direction made by the appropriate Government under sub-section (5) of Section 6.Imprisonment upto 1 years but not less than 3 months and / or fine upto Rs. 20000 but not less than Rs. 10000.
33Equal Remuneration Act, 197910 (3)Omitting or refusing to produce to an Inspector any register or other document or to give any informationFine of Rs. 500
34Employee State Insurance Act, 194884Making a false statement or representation in order to avoid making payments under the act, or in order to receive extra paymentsImprisonment for six months and / or fine upto Rs. 2000.
35Employee State Insurance Act, 194985(a)Failing to pay contribution due under the actImprisonment for upto three years, but
- not less than one year alongwith a fine of Rs 10000 in case of failure to pay contribution which has been deducted from wages, and
- not less than 6 months with a fine of Rs 4000 in other cases
36Employee State Insurance Act, 195085(b,c)Deducting Employer's contribution from the wages or reduces the wages or privileges or benefits to the employeeImprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
37Employee State Insurance Act, 195185(d)Discharges, Dismisses, Reduces or punishes an employee in contravention of Section 73Imprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
38Employee State Insurance Act, 195285(e)Fails or refuses to submit a return, or makes a false returnImprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
39Employee State Insurance Act, 195385(f)Obstructs an inspector or any other official of the Corporation in the discharge of dutiesImprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
40Employee State Insurance Act, 195485(g)Guilty of contravention of the act where no specific penalty is providedImprisonment for a term of upto one year, or with fine of upto Rs 4000 or with both
41Employee State Insurance Act, 195585-ARepeat offence having been convicted earlier of same offence (Except for payment of contribution)Imprisonment for a term of upto two years, and with fine of upto Rs 5000
42Employee State Insurance Act, 195685-ARepeat offence having been convicted earlier of same offence with regard to payment of contributionImprisonment for 5 years, and not less than 2 years, and fine upto Rs. 25000.
43Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 19886Failing to comply with any of the provisions of the ActFine of upto Rs 6000
44Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 19896Second or subsequent conviction of failing to comply with the provisions of the actImprisonment for a period which shall not be less than one month but which may extend to six months or with fine which shall not be less than rupees ten thousand but may extend to rupees twenty five thousand, or with both.
45Factories Act, 194892Contravention of any provisions of the Act, save as is otherwise expressly provided in the Act and subject to the provisions of Section 93Imprisonment upto 2 years and / or fine upto Rs. 1 lakh, if the contravention is continued after conviction, a further fine of upto one thousand rupees for each day
46Factories Act, 194992In case of accident causing death due to contravention of the provisions of Chapter IV or of any rules made under Section 87Fine of not less than Rs. 25000
47Factories Act, 195092In case of accident causing serious body injury due to contravention of the provisions of Chapter IV or of any rules made under Section 87Fine of not less than Rs. 50000
48Factories Act, 195194Having been convicted of any offence punishable under Section 92 is again guilty of an offence involving a contravention of the same provisionImprisonment upto 3 years and / or fine not less than Rs. 10000 but may extend upto Rs. 2 lakhs.
49Factories Act, 195294Repeat Offence for Contravention of Section 87 or Chapter IV resulting in death or bodily injury.Fine upto Rs. 35000 if death is caused; Rs. 10000 if serious bodily injury.
50Factories Act, 195395Obstructing the Inspector or failing to produce any registers or documents on demand by the InspectorImprisonment upto 6 months and / or fine upto Rs. 10000.
51Factories Act, 195496Wrongful disclosure of analysis under Sec. 91.Imprisonment upto 6 months and / or fine upto Rs. 10000.
52Factories Act, 195596-A (1)Contravention of Sec. 41-B, 41-C & 41-H or any rules made thereunderImprisonment upto 7 years and / or fine upto Rs. 2 lakh.
53Factories Act, 195696-A (1)Continuing offence of Contravention of Sec. 41-B, 41-C & 41-H.Rs. 5000 for each day after contravention
54Factories Act, 195796-A (2)Continuing contravention beyond one year after date of conviction under Section 96-A(1) with regard to a repeat offence for contravention of Sec. 41-B, 41-C & 41-H.Imprisonment upto 10 years
55Factories Act, 195897Contravention of any section, rules or orders by workers.Fine of Rs. 500.
56Factories Act, 195998Knowingly using or attempting to use false certificate of fitness granted under Section 70Imprisonment upto 2 months and / or fine upto Rs. 1000.
57Factories Act, 196099Permitting double employment of child in a factory on a day where he has already working in another factoryFine of Rs.1000 to the parent or guardian of the child
58Payment of Gratuity Act, 19729 (1)For the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representationImprisonment upto 6 months and / or fine Rs. 10000.
59Payment of Gratuity Act, 19739 (2)Contravention of any provisions of the Act by employer.Imprisonment for not less than 3 month but may extend to 1 year & / or fine not less than Rs. 10000 but may extend to Rs. 20000.
60Payment of Gratuity Act, 1974Proviso to 9(2)Non - payment of gratuity by employer.Imprisonment for not less than 6 month but may extend to 2 year.
61Industrial Disputes Act, 194725-QLay-Off or Retrenchment without prior permission - Contravening the provisions of Section 25-M or 25-(N)Workman entitled to all benefits as if they had not been laid off. Employer shall be punishable with imprisonment upto 1 month and / or fine upto Rs. 1000.
62Industrial Disputes Act, 194825-R(1)Illegal Closure: - Closing down an undertaking without complying with the provisions of Section 25-O(1)Workman entitled to all benefits as if there had not been any closure. Employer shall be punishable with imprisonment upto 6 month and / or fine upto Rs. 5000.
63Industrial Disputes Act, 194925-R(2)Contravening an order refusing permission to close down the undertaking under Section 25-O or a direction given under Section 25-PWorkman entitled to all benefits as if there had not been any closure. Employer shall be punishable with imprisonment upto 1 year and / or fine upto Rs. 5000, with a further fine of upto 2000 Rs for each day of contravention after conviction
64Industrial Disputes Act, 195025-T,25-UCommitting an Unfair Labour Practice.Imprisonment upto 6 months and / or fine upto Rs. 1000.
65Industrial Disputes Act, 195126 (1)Illegal strikes by a workman - workman who commences, continues or otherwise acts in furtherance, of, a strike which is illegal under that ActImprisonment for 1 month and / or fine upto Rs. 50.
66Industrial Disputes Act, 195226 (2)Illegal lockout -employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this ActImprisonment for 1 month and / or fine upto Rs. 1000.
67Industrial Disputes Act, 195327Instigation - Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under that ActImprisonment for 6 month and / or fine upto Rs. 1000.
68Industrial Disputes Act, 195428Financial Assistance to a Strike - Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-outImprisonment for 6 month and / or fine upto Rs. 1000.
69Industrial Disputes Act, 195529Breach of settlement or award binding under the actImprisonment for 6 month and / or fine + an additional fine of Rs. 200 per day if breach continues after conviction.
70Industrial Disputes Act, 195630Disclosing confidential information in contravention of the provisions of Section 21Imprisonment for 6 month and / or fine Rs. 1000.
71Industrial Disputes Act, 195730-AClosing down any undertaking without complying with the provisions of Section 25-FFAImprisonment for 6 month and / or fine Rs. 5000.
72Industrial Disputes Act, 195831(1)Contravention of Section 33 - Service conditions remaining unchanged during pendency of proceedingsImprisonment for 6 month and / or fine Rs. 1000.
73Industrial Disputes Act, 195931(2)Contravening any other provision where specific penalty is not provided for.Fine upto Rs. 100.
74Maternity Benefit Act, 196121(1)Failure to pay maternity benefit or discharging or dismissing such woman during or on account of her absence from work due to maternityImprisonment for not less than 3 month but may extend to 1 year and / or fine not less than Rs. 2000 but may extend to Rs. 5000.
75Maternity Benefit Act, 196221(2).Contravening the provisions of the Act where no other penalty is provided by or under this ActImprisonment upto 1 year and / or fine Rs. 5000.
76Maternity Benefit Act, 196322Obstructing Inspector: Failing to produce on demand by the Inspector any register or document or concealing or preventing any person from appearing before or being examined by an InspectorImprisonment upto 1 year and / or fine Rs. 5000.
77Mines Act, 195263(1)Obstruction: Obstructing Chief Inspector or an Inspector in discharging his duties or refusing or willfully neglecting to afford the Inspector any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this ActImprisonment upto 3 months and / or fine Rs. 500.
78Mines Act, 195363(2)Obstruction: Refusing to produce on the demand of the Inspector, any registers or other documents, or prevents or attempts to prevent any person from appearing before or being examined by an inspecting officerFine upto Rs. 300.
79Mines Act, 195464Falsification of Records: Makes false statement or declaration, or gives a plan, return, notice, record or report which is not trueImprisonment upto 3 months and / or fine Rs. 1000.
80Mines Act, 195565Use of false certificate of fitness by workers.Imprisonment upto 1 months and / or fine Rs. 200.
81Mines Act, 195666Omission to furnish plans, sections, returns, notices, registers, records or report required by the ActFine upto Rs. 1000.
82Mines Act, 195767Contravening any provision of this Act or of any regulation, rules, bye-law or order regulating the employment or presence of persons in or about a mine, except as permitted by Section 38,Imprisonment upto 3 months and / or fine Rs. 1000.
83Mines Act, 195868Employment of persons below 18 years of age in a mineFine upto Rs. 500.
84Mines Act, 195969Failure to appoint manager, in contravention of Section 17.Imprisonment upto 3 months and / or fine Rs. 2500.
85Mines Act, 196070Notice of Accidents:
Failing to give notice of an accidental occurrence, or to post a copy of the notice on the special notice board (S. 23(1)) or fails to record in the register or to give notice of any accident (S.23(3))
Imprisonment upto 3 months and / or fine Rs. 500.
86Mines Act, 196172-AContravention of any regulations, rules, bye-laws or orders relating to matters specified in clauses (d), (i), (m), (n), (o), (p), (r), (s), and (u) of Section 57 sImprisonment &/or fine upto Rs. 2000.
87Mines Act, 196272-BContinuing to work in a mine in in contravention of any order issued under S. 22(1-A),(2) or S.22-A(2)Imprisonment upto 2 years and / or fine upto Rs. 5000 but not normally less than Rs 2000
88Mines Act, 196372-C (1)(a)Contravention of any provisions of Act resulting in loss of life.Imprisonment upto 2 years and / or fine Rs. 5000.
89Mines Act, 196472-C (1)(b)Contravention of provisions of Act resulting in serious bodily injury.Imprisonment upto 1 year and / or fine Rs. 3000.
90Mines Act, 196572-C (1)(c)Contravention of provisions of Act resulting in injury or danger to people in or about the mineImprisonment upto 3 months and / or fine Rs. 1000.
91Mines Act, 196673Contravening any provision of the Act for which no other penalty is elsewhere provided.Imprisonment upto 3 months and / or fine Rs. 1000.
92Mines Act, 196774Committing an offence after having been convicted for the same offenceDouble the punishment given for the first contravention.
93Minimum Wages Act, 194822 (a)Payment to any employee less than the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this ActImprisonment upto 6 months and / or fine Rs. 500.
94Minimum Wages Act, 194922 (b)Contravention of any rule or order made under Section 13 regarding normal hours in a working dayImprisonment upto 6 months and / or fine Rs. 500.
95Minimum Wages Act, 195022-AContravention of any provisions of the Act if no other penalty is provided for such contravention by this ActFine upto Rs. 500.
96Motor Transport Workers Act, 196129 (1)Obstructing an inspector in the discharge of his duties or refusing/willfully neglecting to afford reasonable facility for making any inspection, examination or inquiry authorised by or under this Act in relation to any motor transport undertakingImprisonment upto 3 months and / or fine Rs. 500.
97Motor Transport Workers Act, 196229 (2)Refusing any register or other document to produce on the demand of an Inspector or preventing any person from appearing before or being examined by an inspectorImprisonment upto 3 months and / or fine Rs. 500.
98Motor Transport Workers Act, 196330Using false certificate of fitness.Imprisonment upto 1 months and / or fine Rs. 50 to the workmen.
99Motor Transport Workers Act, 196431Contravening any provision of this Act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a motor transport undertakingImprisonment upto 3 months and / or fine Rs. 500. In case of continuing offence, additional fine upto Rs. 75 per day
100Motor Transport Workers Act, 196532Willful disobeying any direction lawfully give under this act or any other contravention of the act not provided for separately.Imprisonment upto 3 months and / or fine Rs. 500.
101Motor Transport Workers Act, 196633Having been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provisionImprisonment upto 6 months and / or fine Rs. 1000.
102Payment of Bonus Act, 196528Contravention of any provision of the Act.Imprisonment upto 6 months and / or fine Rs. 1000.
103Payment of Wages Act, 193620 (1)Contravention of Section 5 (except 5(4)) , 7 , 8 (except 8(8)) , 9 , 10 (except 10(2)) , 11,12 ,13.Fine not less than Rs. 1500 but may extend to Rs. 7500.
104Payment of Wages Act, 193720 (2)Contravention of Section 4, 5(4) , 6 , 8(8) , 10(2) , 25.Fine upto Rs. 3750.
105Payment of Wages Act, 193820 (3)Failure to maintain registers or record, refusing or neglecting to furnish information or return, furnishing or causing to be furnished any information or return which he knows to be false,Fine not less than Rs. 1500 but may extend to Rs. 7500.
106Payment of Wages Act, 193920 (4)Obstructing an inspector in the discharge of his duties or refusing/willfully neglecting to afford reasonable facility for making any inspection, examination or inquiry or refusing to produce registers and documentsFine not less than Rs. 1500 but may extend to Rs. 7500.
107Payment of Wages Act, 194020 (5)Having been convicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provisionImprisonment for not less than 1 month but may extend to 6 months & / or fine not less than Rs. 3750 but may extend to Rs. 22500.
108Payment of Wages Act, 194120 (6)Failure to pay the wages of any employed person by the fixed dateAdditional fine of Rs. 750 per day.
109Payment of Wages Act, 194220(2A)Failure to nominate or designate a person under Section 3Fine upto Rs. 3000.
110Employees Provident Fund and Miscellaneous Provisions Act, 195214Making false statements or causes false statements to be made for the purpose of avoiding any payment to be made under this Act or the Schemes or of enabling any other person to avoid such paymentPunishable with imprisonment upto one year and/or fine upto Rs.5000.
111Employees Provident Fund and Miscellaneous Provisions Act, 195314 (1-A)Contravening provisions of section 6 or clause (a) of sub section (3) of section 17 paragraph 38 of act/scheme relating to payment of administration and inspection chargesPunishable with imprisonment upto three years but which shall not be less than one year and a fine of 10000 Rs case of default in payment of the employees' contribution and which shall not be less than six months and a fine of 5000 Rs, in any other case
112Employees Provident Fund and Miscellaneous Provisions Act, 195414 (1-B)Contravening, or default in complying with the provisions of Section 6-C, or clause (a) of sub-section (3-A) of Section 17 in so far as it relates to the payment of inspection chargesImprisonment for a term which may extend to one year but which shall not be less than six months and a fine which may extend to five thousand rupees
113Employees Provident Fund and Miscellaneous Provisions Act, 195514 (2)Contravening, or default in complying with, any of the provisions of the Act or the SchemesImprisonment for a term which may extend to one year, or fine which may extend to four thousand rupees, or both.
114Employees Provident Fund and Miscellaneous Provisions Act, 195614 (2-A)Contravening any provision of this Act or of any condition subject to which exemption was granted under Section 17, if no other penalty is elsewhere provided by or under this Act for such contravention or non-complianceImprisonment which may extend to six months, but which shall not be less than one month, and a fine which may extend to five thousand rupee
115Plantations Labour Act, 195133 (1)Obstructing an inspector in the discharge of his duties or refusing/willfully neglecting to afford reasonable facility for making any inspection, examination or inquiry or refusing to produce registers and documentsImprisonment upto 3 months and / or fine upto Rs. 500.
116Plantations Labour Act, 195233 (2)Refusal to produce register on demand by an InspectorImprisonment upto 3 months and / or fine upto Rs. 500.
117Plantations Labour Act, 195334Using false certificate of fitness by workmen.Imprisonment upto 1 months and / or fine upto Rs. 50.
118Plantations Labour Act, 195435Contravening any provisions of the Act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a plantationImprisonment upto 3 months and / or fine upto Rs. 500.
119Plantations Labour Act, 195536Contravening any provisions of the Act for which no other penalty is elsewhere provided.Imprisonment upto 3 months and / or fine upto Rs. 500.
120Plantations Labour Act, 195637Having been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provisionImprisonment upto 6 months and / or fine upto Rs. 1000.
121Industrial Employment and Standing Orders Act, 194613(1).Failure to submit draft standing orders (S.3) or modification of standing orders otherwise than as provided in Section 10Fine of Rs. 5000; for continuing offence fine of Rs. 200 per day.
122Industrial Employment and Standing Orders Act, 194713(2).An employer doing any act in contravention of the standing orders finally certified under this Act for his industrial establishmentFine of Rs. 100; for continuing offence fine of Rs. 25 per day.
123Trade Unions Act, 192631(1)Default in giving notice / statement / returns to Registrar.Fine of Rs. 5; in case of continuing default additional fine of Rs. 5 per week. Maximum fine is Rs. 50
124Trade Unions Act, 192731(2)Making false entry in statement u/s 28 or in statements to be filed with Registrar.Fine of Rs. 500.
125Trade Unions Act, 192832Supplying false information regarding trade union to members or employees applying to become membersFine upto Rs. 200.
126The Weekly Holidays Act, 19429Contravention of S.3 or S.4, of a requirement imposed by notification under S. 5(1) or S.6, or of the rules made under S 10(2)(c) regarding Closing , Weekly Holidays, Half Day Closing and holidays or deductions from wagesFine of Rs.25 for first offence and Rs. 250 for subsequent offences.
127Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 195518Contravention of any of the provisions of the ActA Fine of upto Rs 200
128Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 195618Having been convicted of any offence under this Act, is again convicted of an offence involving the contravention of the same provisionFine which may extend to Rs 500
129The Bombay Labour Welfare Fund Act, 195317-AFailure to pay unpaid accumulations and fines within period specified in notice served under Section 6-C(1)Imprisonment of upto 6 months, or fine upto Rs 1000 or both
130The Bombay Labour Welfare Fund Act, 195417-BMaking unlawful deductions from an employees wagesImprisonment of upto 6 months, or fine upto Rs 1000 or both
131The Bombay Labour Welfare Fund Act, 195517-CWilfully refusing entry to an inspector or failing to produce documents when required - First OffenceImprisonment of upto 3 months, or fine upto Rs 500 or both
132The Bombay Labour Welfare Fund Act, 195617-CWilfully refusing entry to an inspector or failing to produce documents when required - Second ans subsequent offencesImprisonment of upto 3 months, or fine upto Rs 500 or both
133Maternity Benefit21(1)Failure to pay maternity benefit or discharging or dismissing such woman during or on account of her absence from work due to maternityImprisonment for not less than 3 month but may extend to 1 year and / or fine not less than Rs. 2000 but may extend to Rs. 5000.
134Maternity Benefit21(2).Contravening the provisions of the Act where no other penalty is provided by or under this ActImprisonment upto 1 year and / or fine Rs. 5000.
135Maternity Benefit22Obstructing Inspector: Failing to produce on demand by the Inspector any register or document or concealing or preventing any person from appearing before or being examined by an InspectorImprisonment upto 1 year and / or fine Rs. 5000.