Prerequisites for  Factory Colossal

Factory Closure Process detail

Every such application shall be accompanied by relevant physical documents as listed below.

Mandatory - Items

• Application Form as per the rule 125 of Maharashtra Factories Rules 1963  

• Original License Certificate

• Details of payment made in lieu of balance leave with wages of all the workers affected

Note

• Notification to the applicant will be sent on his Email or SMS. Hence request to provide email address and mobile number.
• Click on Help on the top right corner of this application form, a sample application form duly filled with sample data in bilingual is available for your reference.
• Take a copy of the application form using Print form before submitting.

Other Correspondence Activities

1. Payment of Gratuity - Notice of closure of establishment - FORM C-Rule 3(3) to be submitted before 60 days of closure of establishment.

2. Industrial Dispute Act -  

1. Under Section 25FF-A - a notice to be given by employer of his intention to close down any undertaking in FORM XXIV-B-Rule 82(A)
2. Under Section Section 25(O)(1) - an Application for permission of closure to be made by an employer in FORM XXIV-C-Rule 82(B)(1) 
3. Under Section 25FF - Compensation to workmen in case of transfer of undertakings
4. Under Section 25-F: Notice of retrenchment

1. The workman has been given one months notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;

2. Notice in prescribed manner is served on the appropriate Government [ or such authority as may be specified by the appropriate Government - FORM XXIV-Rule 80 u/s 25F(C)

• Note- 

(i) not less than twenty one days before the date of retrenchment , if the notice of retrenchment has been given to a workman;

(ii) within seven days of the date of retrenchment if no such notice has been given but the workman is paid wages in lieu of notice

iii. Compensation to workmen in case of closing down of undertaking

• Every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall,  the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay [for every completed year of continuous service (U/s25F(b)




• Note -  that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman under closed (b) of Section 25-F shall not exceed his average pay for three months.

3. Returns - If any before colossal of the Factory

• Annual Return under Payment of Bonus
• Factories Act - Rule 119(1) Annual Return
• Maternity Benefit Act - under Rule 15 Annual Return to be submitted to the competent authority on or before the 15th January in Form 11
• Maharashtra Labour Welfare Fund Rules , 1953 - u/s3A- Statement of employees and employers contribution on 31st Dec respectively 
• Maharashtra Contract Labour (Regulation and Abolition) Rules , 1971 - Rule 63(2) Annual return of principal employer to be sent to the registering officer - Form XXI
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Annual Return

Application Format for Factory Closure

Factory Closure  कारखा याची परसमाती

UTN / य.ुट.एन.  Factory Status / कारखा याचा दजा

General Information / सव साधारण मा हती

Factory code / कारखा याचा संकेतांक  Full name of factory (English)   कारखा याचेसंपूण नाव (मराठ म ये)  Factory address / कारखा याचा प!ता  State / रा"य  District / िज$हा  City / शहर  PIN Code / &पन कोड  Closure Effective date  परसमातीची )भा+य तारख  Reasons / कारणे  Nature of Closure / परसमातीचे,व-प  Number of workers on the muster role of Factory  at the time of Closure  परसमाती.या वेळी कारखा या.या हजेर पटावरल  कामगारांची सं2या  Number of workers affected by the Closure  परसमाती3वारेबा5धत झाले$या कामगारांची सं2या  Comments /  टप7या

Payment of Gratuity (Maharashtra) Rules

FORM C

{Sub-rule (3) of rule 3}

Notice of Closure

Take notice that it is intended to close down the establishment with effect from ……………………The other details are furnished below:

1. Name and address of the establishment

2. Name and address of the Head Office if any

3. Name and designation of the Employer

4. Number of persons in employment

5. Number of employees entitled to gratuity

6. Amount of gratuity involved.

Place…………………. Signature of the Employer with

Date……………………. name and designation.

The Controlling Authority

……………………………….

……………………………….

Industrial Disputes (Bombay) Rules

FORM XXIV-B

(See Rule 82-A)

Form of notice to be given by employer of his intention to close down

 any undertaking

1. Name of employer ………………………………..

2. Address ……………………………………………

3. Dated the ………………. day of ……………. 19   .

To

The Secretary to the Government of Maharashtra

Industries and Labour Department, Mantralaya, Bombay-32.

Sir,

In accordance with the provisions contained in sub-section (1) of Section 25FF-A of the Industrial Disputes Act, 1947 (14 of 1947). I/we hereby inform you, that I/we intend to close the undertaking ………………… with effect from …………………… .

The reasons for the intended closure are given in the annexure hereto. The relevant information regarding the intended closure is given below:-

1. Name of the Undertaking [and the *** establishment proposed to be closed.

2. Industry.

3. Postal Address of the Undertaking and the *** establishment proposed to be closed.]

4. Sector (Private/Public/Co-operative)

5. Proposed date of closure

6. Name(s) and address(es) of Trade Union(S), if any, operating in the undertaking.

7. Has there been any agreement in respect of the intended closure between workmen and management? If there is an agreement copy thereof be furnished.

8. Arrangement for paying legal dues to workmen and date of payment proposed.

9. Number of workmen on the roll-

Permanent	Temporary	Casual
Category or designation	Number of workmen employed	Number of workmen who may be rendered unemployed due to closure
1	2	3
		Yours faithfully, Signature

ANNEXURE

Statement of reasons for intended closure

……………………………………

Signature of employer

Copy to-

1. Secretary ……….. Union/s

2. The Commissioner of Labour, Maharashtra, Bombay.

3. The Deputy Commissioner of Labour, Poona (for Poona Division) and Deputy Commissioner of Labour, Nagpur (for Nagpur and Aurangabad Divisions).

4. The Industries Commissioner Mantralaya, Bombay.

5. The joint director of Industries, Nagpur Aurangabad, Kokan, Bombay, Pune, Nashik, Pune (as may be applicable).

Industrial Disputes (Bombay) Rules

FORM XXIV-C

(To be submitted in triplicate)

[See Rule 82-B(1)]

Form of application for permission of closure to be made by an employer under sub-

section (1) of section 25-O of the Industrial Disputes Act, 1947 (14 of 1947)

Date …………………

To

The Secretary to the Government of Maharashtra

Industries, Energy and Labour Department, Mantralaya, Bombay-32.

Sir,

Under section 25-O of the Industrial Disputes Act, 1947 (14 of 1947), I/We hereby inform you that I/We propose to close down the undertaking specified below of-

(Name of the industrial establishment)

(Give details of the undertaking)

……………………………………………………………

…………………………………………………………….

…………………………………………………………….

With effect from ………………………… for the reasons explained in the Annexure.

2. The number of workmen whose service will be terminated on account of the closure of the undertaking is ……………………….. (number of workmen).

3. Permission is solicited for the proposed closure.

4. I/We hereby declare that in the event of approval for the closure being granted, every workmen in the undertaking to whom sub-section (9) of the said section 250 applies will be given notice and paid compensation as specified in section 25N of the Industrial Disputes Act, 1947 (14 of 1947), as if the workman had been retrenched under that section.

Yours faithfully,

(Signature)

ANNEXURE

(Please give replies against each item)

Item No.

1. Name of the Industrial establishment with complete postal address, including telegraphic address and telephone number.

2. The total number and categories of workmen affected by the proposed closure, along with the addresses of the workmen and the details of wages drawn by them.

3. Product/products of the undertaking.

4. Details relating to licensed capacity, installed capacity and the utilised capacity.

5. (i) Annual production, item-wise for the preceding three years.

(ii) Production figures, month-wise, for the preceding twelve months.

6. Work-in-progress, item-wise and value-wise.

7. Any arrangements regarding off-loading or sub-contracting of products or any components thereof.

8. Details of persons or the organisation to whom the job(s) is (are) being entrusted-relationship interest of the persons/organisations with the director(s) or the officer(s) of the company.

9. Position of the order book, item-wise and value-wise for a period of six months, and one year next following and for the period after the expiry of the said one year.

10. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.

11. Balance-sheets, profit and loss accounts and audit reports for the last three years.

12. Financial position of the company.

13. (i) Names of any inter-connected company or companies under the same management.

      (ii) Details about inter-corporate investment and changes during the last one year.

      (iii) Interest of any of the directors/officers of the undertaking producing same or similar type of product.

14. Percentage of wages of workmen to the total cost of production.

15. Administrative, general and selling cost in absolute terms per year, for the last three years and percentage thereof to the total cost.

16. Inventory position-item-wise and value-wise for the preceding twelve-months. (Inventories to be shown in respect of finished products, components and raw-materials to be shown separately item-wise and value-wise).

17. Selling arrangement for the last three years and any change in the selling arrangement in preceding twelve months.

18. Full details of the interests of the directors and officers of the company in the organisations/persons involved in selling products of the undertaking.

19. Buying arrangements for raw materials and components.

20. Interests of the directors and officers with the organisations/Persons involved in buying raw materials and components for the undertaking.

21. Annual sales figures for the last three years and month-wise sales figure for the preceding twelve-months, both item-wise and value-wise.

22. Reasons for the proposed closure.

23. Any specific attempt made so far to avoid the proposed closure.

24. Any other relevant factors with details thereof.

[Copy to-

1. The Commissioner of Labour, Maharashtra, Bombay.

2. The Additional Commissioner of Labour, Pune/The Deputy Commissioner of Labour, Nagpur/The Deputy Commissioner of Labour, Aurangabad (as may be applicable).

3. The Industrial Commissioner, Maharashtra, Bombay.

4. The Joint Director of Industries, Nagpur Aurangabad, Kokan, Bombay, Pune, Nashik, Pune (as may be applicable).

Industrial Disputes (Bombay) Rules

FORM XXIV

(Rule 80)

Form of Notice to be given by an employer under clause (c) of

 section 25-F of the Industrial Disputes Act, 1947

Name of employer

Address

Dated the …………………… day of ……………….. 197 

To,

The Secretary to the Government of Maharashtra

[Industries and Labour Department, Bombay.

Sir, 

In accordance with the provisions contained in clause (c) of section 25F of the Industrial Disputes Act, 1947 (14 of 1947). I/We hereby inform you, that I/We shall retrench/have retrenched workmen with effect from for the reasons explained in Annexure and in pursuance of an agreement, a copy of which is enclosed.

2. The workmen concerned have been given one month’s notice in writing/one month’s pay in lieu of notice, as required under clause (a) of section 25F of the Act.

3. The total number of workmen employed in the section or department of the undertaking and also that of those who will be affected by retrenchment is given below:-

[Class and designation of workmen	Number of Employees in Section/Department
	Employed/	To be retrenched
1	2	3
1 2

Yours faithfully,

Signature

Annexure

Statement of reasons

Copy to:-

1. The Commissioner of Labour, Bombay.

2. The Deputy Commissioner of Labour (Administration), Bombay/The Deputy Commissioner of Labour [Poona]/The Deputy Commissioner of Labour (Nagpur).